Indiana 2022 2022 Regular Session

Indiana Senate Bill SB0340 Introduced / Fiscal Note

Filed 01/10/2022

                    LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington, Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6954	NOTE PREPARED: Jan 4, 2022
BILL NUMBER: SB 340	BILL AMENDED: 
SUBJECT: Juvenile law matters.
FIRST AUTHOR: Sen. Breaux	BILL STATUS: As Introduced
FIRST SPONSOR: 
FUNDS AFFECTED: GENERAL	IMPACT: Pending
DEDICATED
FEDERAL
Summary of Legislation:  Repeals provisions providing that juvenile courts do not have jurisdiction over
juveniles charged with certain offenses. Repeals provisions: (1) imposing various juvenile court fees; (2)
under which a parent of a delinquent child is required to pay: (A) an application fee for transfer of the child
to another state; or (B) the costs of returning the child to Indiana; under the interstate compact for juveniles;
(3) under which: (A) child support payments; and (B) state or federal benefits; for a child removed from the
child's home by the department of child services (DCS) are paid or assigned to DCS for the duration of the
child's removal; (4) imposing a fee for a child's participation in a program of informal adjustment; (5)
requiring parents of a child to pay costs of educational or rehabilitative services provided for the child while
the child is under the supervision of the probation department; (6) under which a juvenile court may order
a parent of a child adjudicated to be a child in need of services (CHINS) or adjudicated delinquent to
reimburse the county for costs incurred by the county with respect to services for or placement of the child;
(7) under which a parent of a child: (A) adjudicated to be a CHINS; (B) adjudicated delinquent; or (C)
participating in a program of informal adjustment; is required to reimburse DCS for the cost of services
provided for the child by DCS; (8) under which a parent of a delinquent child may be required to reimburse
costs of services provided by the department of correction if the child is made a ward of the department of
correction; (9) imposing a juvenile probation fee; (10) allowing a juvenile court to require a parent of a child
to pay a fee for the services of a guardian ad litem or court appointed special advocate appointed for the
child; (11) requiring a parent to pay expenses assessed against the parent's child by a problem solving court;
and (12) requiring a parent to reimburse a county for public defender services provided to the parent's child;
and provides that any outstanding costs, fees, or other financial obligations, or any warrant based solely on
costs, fees, or other financial obligations, that have been imposed on a delinquent child or the parent or
guardian of a delinquent child under these repealed provisions are vacated and unenforceable. Discontinues
the collection of a civil filing fee for paternity actions. Discontinues the division of youth services
SB 340	1 transitional services fund. Provides that a statement made during a custodial interrogation by a juvenile
regarding an act allegedly committed when the juvenile was less than 18 years of age is inadmissible for
purposes of specified criminal or juvenile proceedings if a law enforcement officer or school resource officer
knowingly communicates to the juvenile: (1) false information regarding evidence relating to the act; or (2)
false or unauthorized statements regarding penalties for the act or leniency in the imposition of penalties for
the act; during the custodial interrogation. Imposes requirements on juvenile detention facilities with regard
to visitation and contact with residents of a juvenile detention facility. Provides that commission by a
juvenile of an offense related to unlawful carry of a firearm is a delinquent act. Provides that commission
by a juvenile of: (1) indecent display by a youth; or (2) an act that would be a misdemeanor if committed by
an adult; under specified circumstances is a delinquent act. Amends, with respect to provisions allowing
public access to certain juvenile court records and records regarding allegations of certain delinquent acts:
(1) the circumstances under which such records may be accessed by the public; and (2) the information in
the records that may be accessed; without a court order. Allows an individual convicted of a crime committed
by the individual before the individual was 18 years of age to petition a court for modification of the
individual's sentence. Eliminates a provision allowing an individual who is 16 or 17 years of age and found
guilty of murder to be sentenced to life imprisonment without parole. Provides with regard to murder
sentencing that the defendant's commission of the murder when the defendant was less than 25 years of age
(rather than 18 years of age, under current law) at the time of the murder is a mitigating factor. Urges the
legislative council to assign to an appropriate interim study committee topics related to court fees, including:
(1) distribution of court fee revenue; and (2) alternatives to the collection of court fees.
Effective Date:  June 30, 2022; July 1, 2022.
Explanation of State Expenditures:  As of the above date, the fiscal analysis of this bill has not been
completed. Please contact the Office of Fiscal and Management Analysis for an update of this fiscal impact
statement.
Explanation of State Revenues: 
Explanation of Local Expenditures: 
Explanation of Local Revenues: 
State Agencies Affected: 
Local Agencies Affected: 
Information Sources: 
Fiscal Analyst: Corrin Harvey,  317-234-9438. 
SB 340	2