Indiana 2022 Regular Session

Indiana Senate Bill SB0340 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 340
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-2; IC 11-10-2-11; IC 11-13-4.5-4; IC 31-30;
7	7	IC 31-30.5-1-6; IC 31-31; IC 31-37; IC 31-39; IC 31-40;
8	8	IC 33-23-16-23.5; IC 33-24-6-4; IC 33-37; IC 33-40-3; IC 35-38;
9	9	IC 35-50-2; IC 36-2-16.5-6.
10	10	Synopsis: Juvenile law matters. Repeals provisions providing that
11	11	juvenile courts do not have jurisdiction over juveniles charged with
12	12	certain offenses. Repeals provisions: (1) imposing various juvenile
13	13	court fees; (2) under which a parent of a delinquent child is required to
14	14	pay: (A) an application fee for transfer of the child to another state; or
15	15	(B) the costs of returning the child to Indiana; under the interstate
16	16	compact for juveniles; (3) under which: (A) child support payments;
17	17	and (B) state or federal benefits; for a child removed from the child's
18	18	home by the department of child services (DCS) are paid or assigned
19	19	to DCS for the duration of the child's removal; (4) imposing a fee for
20	20	a child's participation in a program of informal adjustment; (5)
21	21	requiring parents of a child to pay costs of educational or rehabilitative
22	22	services provided for the child while the child is under the supervision
23	23	of the probation department; (6) under which a juvenile court may
24	24	order a parent of a child adjudicated to be a child in need of services
25	25	(CHINS) or adjudicated delinquent to reimburse the county for costs
26	26	incurred by the county with respect to services for or placement of the
27	27	child; (7) under which a parent of a child: (A) adjudicated to be a
28	28	CHINS; (B) adjudicated delinquent; or (C) participating in a program
29	29	of informal adjustment; is required to reimburse DCS for the cost of
30	30	services provided for the child by DCS; (8) under which a parent of a
31	31	(Continued next page)
32	32	Effective: June 30, 2022; July 1, 2022.
33	33	Breaux
34	34	January 11, 2022, read first time and referred to Committee on Corrections and Criminal
35	35	Law.
36	36	2022 IN 340—LS 6954/DI 119 Digest Continued
37	37	delinquent child may be required to reimburse costs of services
38	38	provided by the department of correction if the child is made a ward of
39	39	the department of correction; (9) imposing a juvenile probation fee;
40	40	(10) allowing a juvenile court to require a parent of a child to pay a fee
41	41	for the services of a guardian ad litem or court appointed special
42	42	advocate appointed for the child; (11) requiring a parent to pay
43	43	expenses assessed against the parent's child by a problem solving court;
44	44	and (12) requiring a parent to reimburse a county for public defender
45	45	services provided to the parent's child; and provides that any
46	46	outstanding costs, fees, or other financial obligations, or any warrant
47	47	based solely on costs, fees, or other financial obligations, that have
48	48	been imposed on a delinquent child or the parent or guardian of a
49	49	delinquent child under these repealed provisions are vacated and
50	50	unenforceable. Discontinues the collection of a civil filing fee for
51	51	paternity actions. Discontinues the division of youth services
52	52	transitional services fund. Provides that a statement made during a
53	53	custodial interrogation by a juvenile regarding an act allegedly
54	54	committed when the juvenile was less than 18 years of age is
55	55	inadmissible for purposes of specified criminal or juvenile proceedings
56	56	if a law enforcement officer or school resource officer knowingly
57	57	communicates to the juvenile: (1) false information regarding evidence
58	58	relating to the act; or (2) false or unauthorized statements regarding
59	59	penalties for the act or leniency in the imposition of penalties for the
60	60	act; during the custodial interrogation. Imposes requirements on
61	61	juvenile detention facilities with regard to visitation and contact with
62	62	residents of a juvenile detention facility. Provides that commission by
63	63	a juvenile of an offense related to unlawful carry of a firearm is a
64	64	delinquent act. Provides that commission by a juvenile of: (1) indecent
65	65	display by a youth; or (2) an act that would be a misdemeanor if
66	66	committed by an adult; under specified circumstances is a delinquent
67	67	act. Amends, with respect to provisions allowing public access to
68	68	certain juvenile court records and records regarding allegations of
69	69	certain delinquent acts: (1) the circumstances under which such records
70	70	may be accessed by the public; and (2) the information in the records
71	71	that may be accessed; without a court order. Allows an individual
72	72	convicted of a crime committed by the individual before the individual
73	73	was 18 years of age to petition a court for modification of the
74	74	individual's sentence. Eliminates a provision allowing an individual
75	75	who is 16 or 17 years of age and found guilty of murder to be sentenced
76	76	to life imprisonment without parole. Provides with regard to murder
77	77	sentencing that the defendant's commission of the murder when the
78	78	defendant was less than 25 years of age (rather than 18 years of age,
79	79	under current law) at the time of the murder is a mitigating factor.
80	80	Urges the legislative council to assign to an appropriate interim study
81	81	committee topics related to court fees, including: (1) distribution of
82	82	court fee revenue; and (2) alternatives to the collection of court fees.
83	83	2022 IN 340—LS 6954/DI 1192022 IN 340—LS 6954/DI 119 Introduced
84	84	Second Regular Session of the 122nd General Assembly (2022)
85	85	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
86	86	Constitution) is being amended, the text of the existing provision will appear in this style type,
87	87	additions will appear in this style type, and deletions will appear in this style type.
88	88	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
89	89	provision adopted), the text of the new provision will appear in this style type. Also, the
90	90	word NEW will appear in that style type in the introductory clause of each SECTION that adds
91	91	a new provision to the Indiana Code or the Indiana Constitution.
92	92	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
93	93	between statutes enacted by the 2021 Regular Session of the General Assembly.
94	94	SENATE BILL No. 340
95	95	A BILL FOR AN ACT to amend the Indiana Code concerning
96	96	family law and juvenile law.
97	97	Be it enacted by the General Assembly of the State of Indiana:
98	98	1 SECTION 1. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
99	99	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100	100	3 JULY 1, 2022]: Sec. 24. (a) As used in this section, "criminal code
101	101	4 reform" refers to statutory provisions relating to criminal law enacted
102	102	5 by P.L.158-2013 and HEA 1006-2014.
103	103	6 (b) The institute shall monitor and evaluate criminal code reform as
104	104	7 described in this section.
105	105	8 (c) The institute shall annually gather data and analyze the impact
106	106	9 of criminal code reform on:
107	107	10 (1) local units of government;
108	108	11 (2) the department of correction; and
109	109	12 (3) the office of judicial administration.
110	110	13 (d) The institute shall prepare an annual report, in conjunction with
111	111	14 the justice reinvestment advisory council (established by
112	112	15 IC 33-38-9.5-2), containing the results of its analysis before December
113	113	2022 IN 340—LS 6954/DI 119 2
114	114	1 1 of each year. The report shall be provided to the governor, the chief
115	115	2 justice, and the legislative council. The report provided to the
116	116	3 legislative council must be in an electronic format under IC 5-14-6.
117	117	4 (e) The report required under this section must:
118	118	5 (1) include an analysis of:
119	119	6 (A) the effect of criminal code reform on:
120	120	7 (i) county jails;
121	121	8 (ii) community corrections programs;
122	122	9 (iii) probation departments; and
123	123	10 (iv) courts;
124	124	11 (B) recidivism rates;
125	125	12 (C) reentry court programs; and
126	126	13 (D) data relevant to the availability and effectiveness of mental
127	127	14 health and addiction programs for persons who are at risk of
128	128	15 entering the criminal justice system, who are in the criminal
129	129	16 justice system, and who have left the criminal justice system;
130	130	17 (2) track the number of requests for sentence modification that are
131	131	18 set for hearing by the court, including the relief granted by the
132	132	19 court, if any. The report must include whether the grant or denial
133	133	20 of a request for sentence modification was discretionary or
134	134	21 mandatory, and whether the prosecuting attorney opposed the
135	135	22 request for sentence modification, agreed to the request for
136	136	23 sentence modification, or took no position on the request for
137	137	24 sentence modification;
138	138	25 (3) track, by age and offense, the number of juveniles under the
139	139	26 jurisdiction of an adult court due to
140	140	27 (A) lack of jurisdiction under IC 31-30-1-4; or
141	141	28 (B) waiver of jurisdiction under IC 31-30-3-2 through
142	142	29 IC 31-30-3-6; and
143	143	30 (4) track the number of juveniles under the jurisdiction of adult
144	144	31 court due to a juvenile court not having jurisdiction of the cases
145	145	32 in accordance with IC 31-30-1-4, by:
146	146	33 (A) age;
147	147	34 (B) sex;
148	148	35 (C) race;
149	149	36 (D) county of prosecution;
150	150	37 (E) offenses charged;
151	151	38 (F) convictions received; and
152	152	39 (G) sentences received; and
153	153	40 (5) (4) track the number of waivers of juvenile court jurisdiction
154	154	41 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
155	155	42 (A) age;
156	156	2022 IN 340—LS 6954/DI 119 3
157	157	1 (B) sex;
158	158	2 (C) race;
159	159	3 (D) charges filed in juvenile court in which a waiver was
160	160	4 sought;
161	161	5 (E) charges filed in adult court following the waiver of
162	162	6 juvenile court jurisdiction;
163	163	7 (F) county of prosecution;
164	164	8 (G) convictions received; and
165	165	9 (H) sentences received.
166	166	10 (f) All local units of government and local elected officials,
167	167	11 including sheriffs, prosecuting attorneys, judges, and county fiscal
168	168	12 bodies, shall cooperate with the institute by providing data as requested
169	169	13 by the institute.
170	170	14 (g) State agencies, including the department of correction, the
171	171	15 Indiana prosecuting attorneys council, the Indiana public defender
172	172	16 council, and the office of judicial administration, shall assist the
173	173	17 institute by providing requested data in a timely manner.
174	174	18 (h) Based on their analysis, the institute and the justice reinvestment
175	175	19 advisory council shall include recommendations to improve the
176	176	20 criminal justice system in Indiana, with particular emphasis being
177	177	21 placed on recommendations that relate to sentencing policies and
178	178	22 reform.
179	179	23 (i) The institute and the justice reinvestment advisory council shall
180	180	24 include research data relevant to their analysis and recommendations
181	181	25 in the report.
182	182	26 (j) The institute shall:
183	183	27 (1) make the data collected under subsection (e)(4) and (e)(5)
184	184	28 available to the public in an annual report, by fiscal year, due by
185	185	29 October 30 of each year;
186	186	30 (2) post the annual report required by subdivision (1) on the
187	187	31 institute's Internet web site; and
188	188	32 (3) provide a copy of the annual report required by subdivision (1)
189	189	33 to the commission on improving the status of children in Indiana
190	190	34 established by IC 2-5-36-3.
191	191	35 SECTION 2. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
192	192	36 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
193	193	37 JULY 1, 2022]: Sec. 5. (a) There is established the state police training
194	194	38 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4)
195	195	39 and IC 33-37-4-2(b)(3) and IC 33-37-4-3(b)(4) on behalf of the state
196	196	40 police department.
197	197	41 (b) If the state police department files a claim under IC 33-37-8-4
198	198	42 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
199	199	2022 IN 340—LS 6954/DI 119 4
200	200	1 fund, the fiscal officer of the city or town or the county auditor shall
201	201	2 deposit fees collected under the cause numbers submitted by the state
202	202	3 police department into the state police training fund established under
203	203	4 this section.
204	204	5 (c) Claims against the state police training fund must be submitted
205	205	6 in accordance with IC 5-11-10.
206	206	7 (d) Money in excess of one hundred dollars ($100) that is
207	207	8 unencumbered and remains in the state police training fund for at least
208	208	9 one (1) entire calendar year from the date of its deposit shall, at the end
209	209	10 of the state's fiscal year, be deposited in the law enforcement academy
210	210	11 fund established under IC 5-2-1-13.
211	211	12 (e) As used in this subsection, "abuse" has the meaning set forth in
212	212	13 section 1(a) of this chapter. As a part of the state police department's
213	213	14 in-service training, the department shall provide to each law
214	214	15 enforcement officer employed by the department continuing education
215	215	16 concerning the following:
216	216	17 (1) Duties of a law enforcement officer in enforcing restraining
217	217	18 orders, protective orders, temporary injunctions, and permanent
218	218	19 injunctions involving abuse.
219	219	20 (2) Guidelines for making felony and misdemeanor arrests in
220	220	21 cases involving abuse.
221	221	22 (3) Techniques for handling incidents of abuse that:
222	222	23 (A) minimize the likelihood of injury to the law enforcement
223	223	24 officer; and
224	224	25 (B) promote the safety of a victim.
225	225	26 (4) Information about the nature and extent of the abuse.
226	226	27 (5) Information about the legal rights of and remedies available
227	227	28 to victims of abuse.
228	228	29 (6) How to document and collect evidence in an abuse case.
229	229	30 (7) The legal consequences of abuse.
230	230	31 (8) The impact on children of law enforcement intervention in
231	231	32 abuse cases.
232	232	33 (9) Services and facilities available to victims of abuse and
233	233	34 abusers.
234	234	35 (10) Verification of restraining orders, protective orders,
235	235	36 temporary injunctions, and permanent injunctions.
236	236	37 (11) Policies concerning arrest or release of suspects in abuse
237	237	38 cases.
238	238	39 (12) Emergency assistance to victims of abuse and criminal
239	239	40 justice options for victims of abuse.
240	240	41 (13) Landlord-tenant concerns in abuse cases.
241	241	42 (14) The taking of an abused child into protective custody.
242	242	2022 IN 340—LS 6954/DI 119 5
243	243	1 (15) Assessment of a situation in which a child may be seriously
244	244	2 endangered if the child is left in the child's home.
245	245	3 (16) Assessment of a situation involving an endangered adult (as
246	246	4 defined in IC 12-10-3-2).
247	247	5 (17) Response to a sudden, unexpected infant death.
248	248	6 The cost of providing continuing education under this subsection shall
249	249	7 be paid from money in the state police training fund.
250	250	8 SECTION 3. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
251	251	9 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
252	252	10 JULY 1, 2022]: Sec. 7. (a) There is established the conservation
253	253	11 officers training fund. The department of natural resources shall
254	254	12 administer the fund. The fund consists of amounts collected under
255	255	13 IC 33-37-4-1(b)(4) and IC 33-37-4-2(b)(3) and IC 33-37-4-3(b)(4) on
256	256	14 behalf of the department of natural resources.
257	257	15 (b) If the department of natural resources files a claim under
258	258	16 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
259	259	17 county user fee fund, the fiscal officer of the city or town or the county
260	260	18 auditor shall deposit fees collected under the cause numbers submitted
261	261	19 by the department of natural resources into the conservation officers
262	262	20 training fund established under this section.
263	263	21 (c) Claims against the conservation officers training fund must be
264	264	22 submitted in accordance with IC 5-11-10.
265	265	23 (d) Money in excess of one hundred dollars ($100) that is
266	266	24 unencumbered and remains in the conservation officers' training fund
267	267	25 for at least one (1) entire calendar year from the date of its deposit
268	268	26 shall, at the end of the state's fiscal year, be deposited in the law
269	269	27 enforcement academy fund established under IC 5-2-1-13.
270	270	28 SECTION 4. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
271	271	29 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
272	272	30 JULY 1, 2022]: Sec. 8. (a) There is established the alcoholic beverage
273	273	31 enforcement officers' training fund. The alcohol and tobacco
274	274	32 commission shall administer the fund. The fund consists of amounts
275	275	33 collected under IC 33-37-4-1(b)(4) and IC 33-37-4-2(b)(3) and
276	276	34 IC 33-37-4-3(b)(4) on behalf of the alcohol and tobacco commission.
277	277	35 (b) If the alcohol and tobacco commission files a claim under
278	278	36 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
279	279	37 county user fee fund, the fiscal officer of the city or town or the county
280	280	38 auditor shall deposit fees collected under the cause numbers submitted
281	281	39 by the alcohol and tobacco commission into the alcoholic beverage
282	282	40 enforcement officers' training fund established under this section.
283	283	41 (c) Claims against the alcoholic beverage enforcement officers'
284	284	42 training fund must be submitted in accordance with IC 5-11-10.
285	285	2022 IN 340—LS 6954/DI 119 6
286	286	1 (d) Money in excess of one hundred dollars ($100) that is
287	287	2 unencumbered and remains in the alcoholic beverage enforcement
288	288	3 officers' training fund for at least one (1) entire calendar year from the
289	289	4 date of its deposit shall, at the end of the state's fiscal year, be deposited
290	290	5 in the law enforcement academy fund established under IC 5-2-1-13.
291	291	6 SECTION 5. IC 11-10-2-11 IS REPEALED [EFFECTIVE JULY 1,
292	292	7 2022]. Sec. 11. (a) The division of youth services transitional services
293	293	8 fund is established for the purposes described in subsection (e). The
294	294	9 department shall administer the fund.
295	295	10 (b) The fund consists of money collected under IC 31-40-1-3.5.
296	296	11 (c) The treasurer of state shall invest the money in the fund not
297	297	12 currently needed to meet the obligations of the fund in the same
298	298	13 manner as other public money may be invested.
299	299	14 (d) Money in the fund at the end of a state fiscal year does not revert
300	300	15 to the state general fund.
301	301	16 (e) Money in the fund is for the purposes of:
302	302	17 (1) augmenting and supplementing the funds appropriated to the
303	303	18 department of correction to provide juvenile transitional services
304	304	19 to delinquent offenders; and
305	305	20 (2) paying collection costs incurred under IC 31-40-1-3.5.
306	306	21 SECTION 6. IC 11-13-4.5-4, AS AMENDED BY P.L.161-2018,
307	307	22 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
308	308	23 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b), an
309	309	24 Indiana offender or delinquent child on probation or parole who applies
310	310	25 to be transferred out of state under the interstate compact for adult
311	311	26 supervision or the interstate compact for juveniles shall pay an
312	312	27 application fee of one hundred twenty-five dollars ($125). The
313	313	28 application fee shall be used to cover the costs of administering the
314	314	29 interstate compact for adult offender supervision and the interstate
315	315	30 compact for juveniles.
316	316	31 (b) An offender or delinquent child who has been found indigent by
317	317	32 a trial court at the time the offender applies to be transferred out of
318	318	33 state under the interstate compact for adult supervision or the interstate
319	319	34 compact for juveniles may, at the court's discretion, be required to pay
320	320	35 a lesser amount of the cost of the application fee under subsection (a).
321	321	36 (c) An Indiana offender or delinquent child who is on probation
322	322	37 shall pay the application fee to the county probation department.
323	323	38 (d) An Indiana offender or delinquent child who is on parole shall
324	324	39 pay the application fee to the department of correction.
325	325	40 (e) The application fee paid by an Indiana offender or delinquent
326	326	41 child who is on probation shall be transferred to the county treasurer.
327	327	42 The county treasurer shall deposit fifty percent (50%) of the money
328	328	2022 IN 340—LS 6954/DI 119 7
329	329	1 collected under this subsection into the county offender transportation
330	330	2 fund and shall transmit the remaining fifty percent (50%) of the money
331	331	3 collected under this subsection to the Indiana supreme court for deposit
332	332	4 in the general fund, to be used to cover the cost of administering the
333	333	5 interstate compact for adult offender supervision and the interstate
334	334	6 compact for juveniles.
335	335	7 (f) The chief administrative officer or designee of the office of
336	336	8 judicial administration shall submit a proposed budget for expenditure
337	337	9 of the money deposited in the general fund under this section to the
338	338	10 budget agency in accordance with IC 4-12-1.
339	339	11 (g) The application fee paid by an Indiana offender or delinquent
340	340	12 child who is on parole shall be deposited into the general fund to be
341	341	13 used to cover the cost of administering the interstate compact for adult
342	342	14 offender supervision and the interstate compact for juveniles.
343	343	15 (h) The commissioner of the department of correction shall submit
344	344	16 a proposed budget for expenditure of the money deposited in the
345	345	17 general fund under this section to the budget agency in accordance with
346	346	18 IC 4-12-1.
347	347	19 (i) The office of judicial administration and the department of
348	348	20 correction shall develop a process to ensure that a sex or violent
349	349	21 offender who transfers to or out of Indiana under the compact will be
350	350	22 registered appropriately.
351	351	23 SECTION 7. IC 31-30-1-4 IS REPEALED [EFFECTIVE JULY 1,
352	352	24 2022]. Sec. 4. (a) The juvenile court does not have jurisdiction over an
353	353	25 individual for an alleged violation of:
354	354	26 (1) IC 35-41-5-1(a) (attempted murder);
355	355	27 (2) IC 35-42-1-1 (murder);
356	356	28 (3) IC 35-42-3-2 (kidnapping);
357	357	29 (4) IC 35-42-4-1 (rape);
358	358	30 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
359	359	31 (6) IC 35-42-5-1 (robbery) if:
360	360	32 (A) the robbery was committed while armed with a deadly
361	361	33 weapon; or
362	362	34 (B) the robbery results in bodily injury or serious bodily
363	363	35 injury;
364	364	36 (7) IC 35-42-5-2 (carjacking) (before its repeal);
365	365	37 (8) IC 35-47-2-1 (carrying a handgun without a license), if
366	366	38 charged as a felony;
367	367	39 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
368	368	40 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
369	369	41 any crime listed in this subsection;
370	370	42 if the individual was at least sixteen (16) years of age but less than
371	371	2022 IN 340—LS 6954/DI 119 8
372	372	1 eighteen (18) years of age at the time of the alleged violation.
373	373	2 (b) Once an individual described in subsection (a) has been charged
374	374	3 with any offense listed in subsection (a), the court having adult
375	375	4 criminal jurisdiction shall retain jurisdiction over the case if the
376	376	5 individual pleads guilty to or is convicted of any offense listed in
377	377	6 subsection (a)(1) through (a)(9).
378	378	7 (c) If:
379	379	8 (1) an individual described in subsection (a) is charged with one
380	380	9 (1) or more offenses listed in subsection (a);
381	381	10 (2) all the charges under subsection (a)(1) through (a)(9) resulted
382	382	11 in an acquittal or were dismissed; and
383	383	12 (3) the individual pleads guilty to or is convicted of any offense
384	384	13 other than an offense listed in subsection (a)(1) through (a)(9);
385	385	14 the court having adult criminal jurisdiction may withhold judgment and
386	386	15 transfer jurisdiction to the juvenile court for adjudication and
387	387	16 disposition. In determining whether to transfer jurisdiction to the
388	388	17 juvenile court for adjudication and disposition, the court having adult
389	389	18 criminal jurisdiction shall consider whether there are appropriate
390	390	19 services available in the juvenile justice system, whether the child is
391	391	20 amenable to rehabilitation under the juvenile justice system, and
392	392	21 whether it is in the best interests of the safety and welfare of the
393	393	22 community that the child be transferred to juvenile court. All orders
394	394	23 concerning release conditions remain in effect until a juvenile court
395	395	24 detention hearing, which must be held not later than forty-eight (48)
396	396	25 hours, excluding Saturdays, Sundays, and legal holidays, after the order
397	397	26 of transfer of jurisdiction.
398	398	27 SECTION 8. IC 31-30-2-1, AS AMENDED BY P.L.86-2017,
399	399	28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
400	400	29 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b), (c),
401	401	30 and (h), (g), the juvenile court's jurisdiction over a delinquent child or
402	402	31 a child in need of services and over the child's parent, guardian, or
403	403	32 custodian continues until:
404	404	33 (1) the child becomes twenty-one (21) years of age, unless the
405	405	34 court discharges the child and the child's parent, guardian, or
406	406	35 custodian at an earlier time; or
407	407	36 (2) guardianship of the child is awarded to the department of
408	408	37 correction.
409	409	38 (b) The juvenile court may, on its own motion, after guardianship of
410	410	39 a child is awarded to the department of correction, reinstate the court's
411	411	40 jurisdiction for the purpose of ordering the child's parent, guardian, or
412	412	41 custodian to participate in programs operated by or through the
413	413	42 department of correction.
414	414	2022 IN 340—LS 6954/DI 119 9
415	415	1 (c) The juvenile court's jurisdiction over a parent or guardian of the
416	416	2 estate of a child under this section continues until the parent or
417	417	3 guardian of the estate has satisfied the financial obligation of the parent
418	418	4 or guardian of the estate that is imposed under IC 31-40 (or
419	419	5 IC 31-6-4-18 before its repeal).
420	420	6 (d) Except as provided in subsection (g), (f), the jurisdiction of the
421	421	7 juvenile court over a proceeding described in IC 31-30-1-1(10) for a
422	422	8 guardianship of the person continues until the earlier of the date that:
423	423	9 (1) the juvenile court terminates the guardianship of the person;
424	424	10 or
425	425	11 (2) the child becomes:
426	426	12 (A) nineteen (19) years of age, if a child who is at least
427	427	13 eighteen (18) years of age is a full-time student in a secondary
428	428	14 school or the equivalent level of vocational or career and
429	429	15 technical education; or
430	430	16 (B) eighteen (18) years of age, if clause (A) does not apply.
431	431	17 If the guardianship of the person continues after the child becomes the
432	432	18 age specified in subdivision (2), the juvenile court shall transfer the
433	433	19 guardianship of the person proceedings to a court having probate
434	434	20 jurisdiction in the county in which the guardian of the person resides.
435	435	21 If the juvenile court has both juvenile and probate jurisdiction, the
436	436	22 juvenile court may transfer the guardianship of the person proceedings
437	437	23 to the probate docket of the court.
438	438	24 (e) The jurisdiction of the juvenile court to enter, modify, or enforce
439	439	25 a support order under IC 31-40-1-5 continues during the time that the
440	440	26 court retains jurisdiction over a guardianship of the person proceeding
441	441	27 described in IC 31-30-1-1(10).
442	442	28 (f) (e) At any time, a juvenile court may, with the consent of a
443	443	29 probate court, transfer to the probate court guardianship of the person
444	444	30 proceedings and any related support order initiated in the juvenile
445	445	31 court.
446	446	32 (g) (f) A juvenile court may retain jurisdiction over an older youth,
447	447	33 as defined in IC 31-28-5.8-4, who is a recipient or beneficiary of:
448	448	34 (1) kinship guardianship assistance under Title IV-E of the federal
449	449	35 Social Security Act (42 U.S.C. 673), as amended; or
450	450	36 (2) other financial assistance provided to or for the benefit of a
451	451	37 child who:
452	452	38 (A) was previously adjudicated as a child in need of services
453	453	39 or delinquent child;
454	454	40 (B) is a protected person under a legal guardianship if
455	455	41 IC 29-3-8-9(f) applies; and
456	456	42 (C) is approved for assistance under a rule or published policy
457	457	2022 IN 340—LS 6954/DI 119 10
458	458	1 of the department.
459	459	2 (h) (g) Upon receipt of a motion under IC 31-37-22-11, the juvenile
460	460	3 court shall reinstate its jurisdiction to conduct a hearing and issue an
461	461	4 appropriate order in accordance with IC 31-37-22-11.
462	462	5 SECTION 9. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
463	463	6 SECTION 316, IS AMENDED TO READ AS FOLLOWS
464	464	7 [EFFECTIVE JULY 1, 2022]: Sec. 5. Except for those cases in which
465	465	8 the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
466	466	9 The court shall, upon motion of the prosecuting attorney and after full
467	467	10 investigation and hearing, waive jurisdiction if it finds that:
468	468	11 (1) the child is charged with an act that, if committed by an adult,
469	469	12 would be:
470	470	13 (A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
471	471	14 4 felony, except a felony defined by IC 35-48-4;
472	472	15 (B) involuntary manslaughter as a Level 5 felony under
473	473	16 IC 35-42-1-4; or
474	474	17 (C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
475	475	18 (2) there is probable cause to believe that the child has committed
476	476	19 the act; and
477	477	20 (3) the child was at least sixteen (16) years of age when the act
478	478	21 charged was allegedly committed;
479	479	22 unless it would be in the best interests of the child and of the safety and
480	480	23 welfare of the community for the child to remain within the juvenile
481	481	24 justice system.
482	482	25 SECTION 10. IC 31-30-4-1, AS ADDED BY P.L.104-2013,
483	483	26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
484	484	27 JULY 1, 2022]: Sec. 1. This chapter applies to the following:
485	485	28 (1) an offender who:
486	486	29 (A) (1) is less than eighteen (18) years of age;
487	487	30 (B) (2) has been waived to a court with criminal jurisdiction
488	488	31 under IC 31-30-3; and
489	489	32 (C) (3) is charged as an adult offender.
490	490	33 (2) An offender who:
491	491	34 (A) is less than eighteen (18) years of age; and
492	492	35 (B) does not come under the jurisdiction of a juvenile court
493	493	36 because the offender is charged with an offense listed in
494	494	37 IC 31-30-1-4.
495	495	38 SECTION 11. IC 31-30-4-2, AS AMENDED BY P.L.168-2014,
496	496	39 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
497	497	40 JULY 1, 2022]: Sec. 2. (a) Subject to subsection (c), if
498	498	41 (1) an offender is:
499	499	42 (A) (1) less than eighteen (18) years of age;
500	500	2022 IN 340—LS 6954/DI 119 11
501	501	1 (B) (2) waived to a court with criminal jurisdiction under
502	502	2 IC 31-30-3 because the offender committed an act that would be
503	503	3 a felony if committed by an adult; and
504	504	4 (C) (3) convicted of committing the felony or enters a plea of
505	505	5 guilty to committing the felony; or
506	506	6 (2) an offender is:
507	507	7 (A) less than eighteen (18) years of age;
508	508	8 (B) charged with a felony over which a juvenile court does not
509	509	9 have jurisdiction under IC 31-30-1-4; and
510	510	10 (C) convicted of committing the felony by a court with
511	511	11 criminal jurisdiction or enters a plea of guilty to committing
512	512	12 the felony with the court;
513	513	13 the court may, upon its own motion, a motion of the prosecuting
514	514	14 attorney, or a motion of the offender's legal representative, impose a
515	515	15 sentence upon the conviction of the offender under this chapter.
516	516	16 (b) If a court elects to impose a sentence upon conviction of an
517	517	17 offender under subsection (a) and, before the offender is sentenced, the
518	518	18 department of correction determines that there is space available for the
519	519	19 offender in a juvenile facility of the division of youth services of the
520	520	20 department, the sentencing court may:
521	521	21 (1) impose an appropriate criminal sentence on the offender under
522	522	22 IC 35-50-2;
523	523	23 (2) suspend the criminal sentence imposed, notwithstanding
524	524	24 IC 35-50-2-2 (before its repeal), IC 35-50-2-2.1, and
525	525	25 IC 35-50-2-2.2;
526	526	26 (3) order the offender to be placed into the custody of the
527	527	27 department of correction to be placed in the juvenile facility of the
528	528	28 division of youth services; and
529	529	29 (4) provide that the successful completion of the placement of the
530	530	30 offender in the juvenile facility is a condition of the suspended
531	531	31 criminal sentence.
532	532	32 (c) The court may not impose a sentence on an offender under
533	533	33 subsection (a) until:
534	534	34 (1) the prosecuting attorney has notified the victim of the felony
535	535	35 of the possible imposition of a sentence on the offender under this
536	536	36 chapter; and
537	537	37 (2) either:
538	538	38 (A) the probation department of the court has conducted a
539	539	39 presentence investigation concerning the offender and reported
540	540	40 its findings to the court; or
541	541	41 (B) the department of correction has conducted a diagnostic
542	542	42 evaluation of the offender and reported its findings to the
543	543	2022 IN 340—LS 6954/DI 119 12
544	544	1 court.
545	545	2 SECTION 12. IC 31-30-4-5, AS AMENDED BY P.L.168-2014,
546	546	3 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
547	547	4 JULY 1, 2022]: Sec. 5. (a) At the request of a sentencing court, the
548	548	5 department of correction shall provide a progress report to the
549	549	6 sentencing court concerning an offender sentenced and placed in a
550	550	7 juvenile facility under section 2(b) of this chapter. When the offender
551	551	8 becomes eighteen (18) years of age:
552	552	9 (1) the department shall notify the sentencing court; and
553	553	10 (2) the sentencing court shall hold a review hearing concerning
554	554	11 the offender before the offender becomes nineteen (19) years of
555	555	12 age.
556	556	13 (b) Except as provided in subsection (c), After a hearing conducted
557	557	14 under subsection (a), the sentencing court may:
558	558	15 (1) continue the offender's placement in a juvenile facility until
559	559	16 the objectives of the sentence imposed on the offender have been
560	560	17 met, if the sentencing court finds that the objectives of the
561	561	18 sentence imposed on the offender have not been met;
562	562	19 (2) discharge the offender if the sentencing court finds that the
563	563	20 objectives of the sentence imposed on the offender have been
564	564	21 met;
565	565	22 (3) order execution of all or part of the offender's suspended
566	566	23 criminal sentence in an adult facility of the department of
567	567	24 correction; or
568	568	25 (4) place the offender:
569	569	26 (A) in home detention under IC 35-38-2.5;
570	570	27 (B) in a community corrections program under IC 35-38-2.6;
571	571	28 (C) on probation under IC 35-50-7; or
572	572	29 (D) in any other appropriate alternative sentencing program.
573	573	30 (c) This subsection applies to an offender over whom a juvenile
574	574	31 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
575	575	32 or more of the following offenses:
576	576	33 (1) Murder (IC 35-42-1-1).
577	577	34 (2) Attempted murder (IC 35-41-5-1).
578	578	35 (3) Kidnapping (IC 35-42-3-2).
579	579	36 (4) Rape as a Class A felony (for a crime committed before July
580	580	37 1, 2014) or a Level 1 felony (for a crime committed after June 30,
581	581	38 2014) (IC 35-42-4-1(b)).
582	582	39 (5) Criminal deviate conduct as a Class A felony (IC
583	583	40 35-42-4-2(b)) (before its repeal).
584	584	41 (6) Robbery as a Class A felony (for a crime committed before
585	585	42 July 1, 2014) or a Level 2 felony (for a crime committed after
586	586	2022 IN 340—LS 6954/DI 119 13
587	587	1 June 30, 2014) (IC 35-42-5-1), if:
588	588	2 (A) the offense was committed while armed with a deadly
589	589	3 weapon; and
590	590	4 (B) the offense resulted in bodily injury to any person other
591	591	5 than a defendant.
592	592	6 The court may not modify the original sentence of an offender to whom
593	593	7 this subsection applies if the prosecuting attorney objects in writing to
594	594	8 the modification. The prosecuting attorney shall set forth in writing the
595	595	9 prosecuting attorney's reasons for objecting to the sentence
596	596	10 modification.
597	597	11 SECTION 13. IC 31-30.5-1-6 IS ADDED TO THE INDIANA
598	598	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
599	599	13 [EFFECTIVE JULY 1, 2022]: Sec. 6. A statement that is made by a
600	600	14 juvenile:
601	601	15 (1) with regard to an act:
602	602	16 (A) that was allegedly committed by the juvenile when the
603	603	17 juvenile was less than eighteen (18) years of age; and
604	604	18 (B) that:
605	605	19 (i) would be a felony or misdemeanor offense if
606	606	20 committed by an adult; or
607	607	21 (ii) is an offense under IC 35-45-4-6 or IC 35-47-10-5;
608	608	22 and
609	609	23 (2) as a result of a custodial interrogation of the juvenile
610	610	24 during which a law enforcement officer or school resource
611	611	25 officer knowingly communicates to the juvenile:
612	612	26 (A) false information regarding evidence relating to the
613	613	27 act; or
614	614	28 (B) false or unauthorized statements regarding:
615	615	29 (i) penalties for the act; or
616	616	30 (ii) leniency in the imposition of penalties for the act;
617	617	31 is inadmissible in a criminal or juvenile court proceeding regarding
618	618	32 the act.
619	619	33 SECTION 14. IC 31-31-2-1 IS REPEALED [EFFECTIVE JULY 1,
620	620	34 2022]. Sec. 1. The fees in juvenile court proceedings are set under
621	621	35 IC 33-37-4-3.
622	622	36 SECTION 15. IC 31-31-2-3 IS AMENDED TO READ AS
623	623	37 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. Except as provided
624	624	38 in sections 1 and section 2 of this chapter, no other costs may be
625	625	39 charged to any person in any proceeding in the juvenile court.
626	626	40 SECTION 16. IC 31-31-8-7 IS ADDED TO THE INDIANA CODE
627	627	41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
628	628	42 1, 2022]: Sec. 7. (a) A juvenile detention facility shall comply with
629	629	2022 IN 340—LS 6954/DI 119 14
630	630	1 the following with respect to residents of the detention facility:
631	631	2 (1) A juvenile detention facility shall offer a resident in
632	632	3 person, contact visitation with:
633	633	4 (A) the resident's parent, guardian, or custodian;
634	634	5 (B) another adult who:
635	635	6 (i) has a supportive relationship with the resident; and
636	636	7 (ii) has been approved for visitation with the resident by
637	637	8 a court; and
638	638	9 (C) the resident's own children.
639	639	10 (2) A juvenile detention facility shall allow a resident in
640	640	11 person, contact visits at least twice weekly, for at least one (1)
641	641	12 hour per visit, unless the detention facility determines that
642	642	13 extraordinary conditions exist such that in person, contact
643	643	14 visitation would place the safety or security of the resident or
644	644	15 detention facility staff at risk. If the detention facility
645	645	16 determines that in person, contact visitation cannot safely be
646	646	17 accommodated, the detention facility shall:
647	647	18 (A) document the reasons and circumstances that
648	648	19 prompted the detention facility's determination;
649	649	20 (B) notify family or visitors of the resident that in person,
650	650	21 contact visitation cannot be accommodated; and
651	651	22 (C) make reasonable efforts to arrange an alternative to an
652	652	23 in person, contact visit, such as remote, audiovisual contact
653	653	24 through an electronic device.
654	654	25 (3) A juvenile detention facility shall allow a resident to
655	655	26 communicate with the resident's parent, guardian, custodian,
656	656	27 or own child by a minimum of two (2) free telephone calls
657	657	28 each week, the length of which may not be limited to less than
658	658	29 ten (10) minutes.
659	659	30 (4) A juvenile detention facility shall provide notice to a
660	660	31 resident, and the resident's family, of the schedule for:
661	661	32 (A) in person, contact visitation with the resident; and
662	662	33 (B) the resident's weekly telephone calls or remote visits.
663	663	34 (5) A juvenile detention facility shall make reasonable efforts
664	664	35 to allow visitation of residents on multiple days of the week,
665	665	36 including both weekends and weekdays, and at times that are
666	666	37 not limited to regular business hours.
667	667	38 (6) A juvenile detention facility:
668	668	39 (A) shall supervise visits with residents; but
669	669	40 (B) shall not monitor conversations that take place during
670	670	41 visits, except upon reasonable suspicion that a crime,
671	671	42 escape, or threat to safety or security is likely to occur.
672	672	2022 IN 340—LS 6954/DI 119 15
673	673	1 (7) A juvenile detention facility shall not revoke or cancel a
674	674	2 resident's visitation under this section on the basis of the
675	675	3 resident's behavior, unless the resident's behavior interferes
676	676	4 with the safe conduct of a visit. If the detention facility
677	677	5 determines that a safety risk prevents a visit from occurring,
678	678	6 the detention facility shall:
679	679	7 (A) document the reasons and circumstances that
680	680	8 prompted the detention facility's determination;
681	681	9 (B) notify the visitor of the revocation or cancellation of
682	682	10 the visit; and
683	683	11 (C) make reasonable efforts to reschedule the visit when
684	684	12 the detention facility determines that the visit no longer
685	685	13 presents a risk to safety.
686	686	14 (b) This section provides a minimum standard for visitation of
687	687	15 a juvenile resident of a detention facility, and does not limit a
688	688	16 detention facility's ability to implement additional visitation
689	689	17 opportunities and behavioral incentives.
690	690	18 SECTION 17. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
691	691	19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
692	692	20 JULY 1, 2022]: Sec. 2. A child commits a delinquent act if, before
693	693	21 becoming eighteen (18) years of age, the child commits: an act:
694	694	22 (1) an act that would be an offense a felony if committed by an
695	695	23 adult;
696	696	24 (2) in violation of 35-45-4-6; or
697	697	25 (3) (2) in a violation of IC 35-47-10-5;
698	698	26 (3) a violation of IC 35-47-2-1; or
699	699	27 (4) a violation of IC 35-45-4-6 or an act that would be a
700	700	28 misdemeanor if committed by an adult and:
701	701	29 (A) the child has also committed a delinquent act that
702	702	30 would be a felony if committed by an adult; or
703	703	31 (B) the child needs care, treatment, or rehabilitation that:
704	704	32 (i) the child is not receiving;
705	705	33 (ii) the child is unlikely to accept voluntarily; and
706	706	34 (iii) is unlikely to be provided or accepted with the
707	707	35 coercive intervention of a court;
708	708	36 except an act committed by a person over which the juvenile court
709	709	37 lacks jurisdiction under IC 31-30-1.
710	710	38 SECTION 18. IC 31-37-9-9 IS REPEALED [EFFECTIVE JULY 1,
711	711	39 2022]. Sec. 9. The juvenile court may order each child who participates
712	712	40 in a program of informal adjustment or the child's parents to pay an
713	713	41 informal adjustment program fee of:
714	714	42 (1) at least five dollars ($5); but
715	715	2022 IN 340—LS 6954/DI 119 16
716	716	1 (2) not more than fifteen dollars ($15);
717	717	2 for each month that the child participates in the program instead of the
718	718	3 court cost fees prescribed by IC 33-37-4-3.
719	719	4 SECTION 19. IC 31-37-9-10 IS REPEALED [EFFECTIVE JULY
720	720	5 1, 2022]. Sec. 10. (a) The probation department for the juvenile court
721	721	6 shall do the following:
722	722	7 (1) Collect the informal adjustment program fee set under section
723	723	8 9 of this chapter; and
724	724	9 (2) Transfer the collected informal adjustment program fees to the
725	725	10 county auditor not later than thirty (30) days after the fees are
726	726	11 collected.
727	727	12 (b) The county auditor shall deposit the fees in the county user fee
728	728	13 fund established by IC 33-37-8-5.
729	729	14 SECTION 20. IC 31-37-19-1, AS AMENDED BY P.L.85-2017,
730	730	15 SECTION 105, IS AMENDED TO READ AS FOLLOWS
731	731	16 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Subject to section 6.5 of this
732	732	17 chapter, if a child is a delinquent child under IC 31-37-2, the juvenile
733	733	18 court may enter one (1) or more of the following dispositional decrees:
734	734	19 (1) Order supervision of the child by the probation department.
735	735	20 (2) Order the child to receive outpatient treatment:
736	736	21 (A) at a social service agency or a psychological, a psychiatric,
737	737	22 a medical, or an educational facility; or
738	738	23 (B) from an individual practitioner.
739	739	24 (3) Remove the child from the child's home and place the child in
740	740	25 another home or a shelter care facility, child caring institution,
741	741	26 group home, or secure private facility. Placement under this
742	742	27 subdivision includes authorization to control and discipline the
743	743	28 child.
744	744	29 (4) Award wardship to a:
745	745	30 (A) person, other than the department; or
746	746	31 (B) shelter care facility.
747	747	32 (5) Partially or completely emancipate the child under section 27
748	748	33 of this chapter.
749	749	34 (6) Order:
750	750	35 (A) the child; or
751	751	36 (B) the child's parent, guardian, or custodian;
752	752	37 to receive family services.
753	753	38 (7) Order a person who is a party to refrain from direct or indirect
754	754	39 contact with the child.
755	755	40 (b) If the child is removed from the child's home and placed in a
756	756	41 foster family home or another facility, the juvenile court shall:
757	757	42 (1) approve a permanency plan for the child;
758	758	2022 IN 340—LS 6954/DI 119 17
759	759	1 (2) find whether or not reasonable efforts were made to prevent
760	760	2 or eliminate the need for the removal;
761	761	3 (3) designate responsibility for the placement and care of the child
762	762	4 with the probation department; and
763	763	5 (4) find whether it:
764	764	6 (A) serves the best interests of the child to be removed; and
765	765	7 (B) would be contrary to the health and welfare of the child for
766	766	8 the child to remain in the home.
767	767	9 (c) If a dispositional decree under this section:
768	768	10 (1) orders or approves removal of a child from the child's home or
769	769	11 awards wardship of the child to a:
770	770	12 (A) person other than the department; or
771	771	13 (B) shelter care facility; and
772	772	14 (2) is the first court order in the delinquent child proceeding that
773	773	15 authorizes or approves removal of the child from the child's
774	774	16 parent, guardian, or custodian;
775	775	17 the court shall include in the decree the appropriate findings and
776	776	18 conclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).
777	777	19 (d) If the juvenile court orders supervision of the child by the
778	778	20 probation department under subsection (a)(1), the child or the child's
779	779	21 parent, guardian, or custodian is responsible for any costs resulting
780	780	22 from the participation in a rehabilitative service or educational class
781	781	23 provided by the probation department. Any costs collected for services
782	782	24 provided by the probation department shall be deposited in the county
783	783	25 supplemental juvenile probation services fund.
784	784	26 SECTION 21. IC 31-37-19-5, AS AMENDED BY P.L.147-2012,
785	785	27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
786	786	28 JULY 1, 2022]: Sec. 5. (a) This section applies if a child is a delinquent
787	787	29 child under IC 31-37-1.
788	788	30 (b) The juvenile court may, in addition to an order under section 6
789	789	31 of this chapter, enter at least one (1) of the following dispositional
790	790	32 decrees:
791	791	33 (1) Order supervision of the child by the probation department as
792	792	34 a condition of probation under this subdivision. The juvenile court
793	793	35 shall after a determination under IC 11-8-8-5 require a child who
794	794	36 is adjudicated a delinquent child for an act that would be an
795	795	37 offense described in IC 11-8-8-5 if committed by an adult to
796	796	38 register with the local law enforcement authority under IC 11-8-8.
797	797	39 (2) Order the child to receive outpatient treatment:
798	798	40 (A) at a social service agency or a psychological, a psychiatric,
799	799	41 a medical, or an educational facility; or
800	800	42 (B) from an individual practitioner.
801	801	2022 IN 340—LS 6954/DI 119 18
802	802	1 (3) Order the child to surrender the child's driver's license to the
803	803	2 court for a specified period of time.
804	804	3 (4) Order the child to pay restitution if the victim provides
805	805	4 reasonable evidence of the victim's loss, which the child may
806	806	5 challenge at the dispositional hearing.
807	807	6 (5) Partially or completely emancipate the child under section 27
808	808	7 of this chapter.
809	809	8 (6) Order the child to attend an alcohol and drug services program
810	810	9 established under IC 12-23-14.
811	811	10 (7) Order the child to perform community restitution or service
812	812	11 for a specified period of time.
813	813	12 (8) Order wardship of the child as provided in section 9 of this
814	814	13 chapter.
815	815	14 (c) If the juvenile court orders supervision of the child by the
816	816	15 probation department under subsection (b)(1), the child or the child's
817	817	16 parent, guardian, or custodian is responsible for any costs resulting
818	818	17 from the participation in a rehabilitative service or educational class
819	819	18 provided by the probation department. Any costs collected for services
820	820	19 or classes provided by the probation department shall be deposited in
821	821	20 the county supplemental juvenile probation services fund.
822	822	21 SECTION 22. IC 31-39-2-8 IS AMENDED TO READ AS
823	823	22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The records of
824	824	23 the juvenile court are available without a court order to the public,
825	825	24 subject to the restrictions in subsections (b) and (c), whenever a
826	826	25 petition has been filed alleging that a child is delinquent as the result
827	827	26 of any of the following alleged acts or combination of alleged acts:
828	828	27 (1) an act that would be murder or a felony if committed by an
829	829	28 adult.
830	830	29 (2) An aggregate of two (2) unrelated acts that would be
831	831	30 misdemeanors if committed by an adult if the child was at least
832	832	31 twelve (12) years of age when the acts were committed.
833	833	32 (3) An aggregate of five (5) unrelated acts that would be
834	834	33 misdemeanors if committed by an adult if the child was less than
835	835	34 twelve (12) years of age when the acts were committed.
836	836	35 (b) Only the following information or documents, redacted to
837	837	36 protect the child's identity, may be released under this section:
838	838	37 (1) The child's name. initials.
839	839	38 (2) The child's age.
840	840	39 (3) The nature of the offense.
841	841	40 (4) Chronological case summaries.
842	842	41 (5) Index entries.
843	843	42 (6) Summonses.
844	844	2022 IN 340—LS 6954/DI 119 19
845	845	1 (7) Warrants.
846	846	2 (8) Petitions.
847	847	3 (9) Orders.
848	848	4 (10) Motions, excluding:
849	849	5 (A) motions concerning psychological evaluations; and
850	850	6 (B) motions concerning child abuse and neglect.
851	851	7 (11) Decrees.
852	852	8 (12) If the child is adjudicated as a delinquent child for an act or
853	853	9 combination of acts described in subsection (a)(1), (a)(2), or
854	854	10 (a)(3), the child's photograph.
855	855	11 (c) The clerk of the juvenile court shall place all other records of the
856	856	12 child alleged to be or adjudicated as a delinquent child in an envelope
857	857	13 marked "confidential" inside the court's file pertaining to the child.
858	858	14 Records placed in the confidential envelope may only be released to
859	859	15 persons who are allowed disclosure under this section or section 2, 3,
860	860	16 4, 5, 6, 7 or 10 of this chapter. The identifying information of any child
861	861	17 who is a victim or a witness shall remain confidential under this
862	862	18 section.
863	863	19 SECTION 23. IC 31-39-3-2 IS AMENDED TO READ AS
864	864	20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. The following
865	865	21 information contained in records involving allegations of delinquency
866	866	22 that would be a crime if committed by an adult is considered public
867	867	23 information:
868	868	24 (1) The nature of the offense allegedly committed and the
869	869	25 circumstances immediately surrounding the alleged offense,
870	870	26 including the time, location, and property involved.
871	871	27 (2) The identity of any victim who is an adult.
872	872	28 (3) A description of the method of apprehension.
873	873	29 (4) Any instrument of physical force used.
874	874	30 (5) The identity of any officers assigned to the investigation,
875	875	31 except for the undercover units.
876	876	32 (6) The age and sex of any child apprehended or sought for the
877	877	33 alleged commission of the offense.
878	878	34 (7) The identity of a child, if the child is apprehended or sought
879	879	35 for the alleged commission of
880	880	36 (A) an offense over which a juvenile court does not have
881	881	37 jurisdiction under IC 31-30-1-2. and IC 31-30-1-4; or
882	882	38 (B) an act specified under IC 31-30-3-3.
883	883	39 SECTION 24. IC 31-40-1-1, AS AMENDED BY P.L.204-2011,
884	884	40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
885	885	41 JULY 1, 2022]: Sec. 1. This article applies to costs paid by the
886	886	42 department the department of correction, and counties under this
887	887	2022 IN 340—LS 6954/DI 119 20
888	888	1 chapter, including costs resulting from the institutional placement of a
889	889	2 child adjudicated a delinquent child or a child in need of services.
890	890	3 SECTION 25. IC 31-40-1-2, AS AMENDED BY P.L.48-2012,
891	891	4 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
892	892	5 JULY 1, 2022]: Sec. 2. (a) Except as otherwise provided in this section
893	893	6 and subject to:
894	894	7 (1) this chapter; and
895	895	8 (2) any other provisions of IC 31-34, IC 31-37, or other applicable
896	896	9 law relating to the particular program, activity, or service for
897	897	10 which payment is made by or through the department;
898	898	11 the department shall pay the cost of any child services provided by or
899	899	12 through the department for any child or the child's parent, guardian, or
900	900	13 custodian.
901	901	14 (b) The department shall pay the cost of returning a child under
902	902	15 IC 31-37-23 or IC 11-13-4.5-1.5.
903	903	16 (c) Except as provided under section 2.5 of this chapter, the
904	904	17 department is not responsible for payment of any costs of secure
905	905	18 detention.
906	906	19 (d) The department is not responsible for the payment of any costs
907	907	20 or expenses for child services for a child placed in a child caring
908	908	21 institution, a group home, or a private secure facility if the entity does
909	909	22 not have an executed contract with the department, unless the child
910	910	23 services to be provided by the entity are recommended or approved by
911	911	24 the director of the department or the director's designee in writing prior
912	912	25 to the placement.
913	913	26 (e) The department is not responsible for payment of any costs or
914	914	27 expenses for housing or services provided to or for the benefit of a
915	915	28 child placed by a juvenile court in a home or facility located outside
916	916	29 Indiana, if the placement is not recommended or approved by the
917	917	30 director of the department or the director's designee.
918	918	31 (f) If a county is responsible for the payment of:
919	919	32 (1) any costs or expenses of services for or the placement of a
920	920	33 child in need of services; or
921	921	34 (2) the costs or expenses of services for or the placement of a
922	922	35 delinquent child;
923	923	36 the court may order the parents to reimburse the county as set forth in
924	924	37 section 3.8 of this chapter.
925	925	38 SECTION 26. IC 31-40-1-3 IS REPEALED [EFFECTIVE JULY 1,
926	926	39 2022]. Sec. 3. (a) A parent or guardian of the estate of:
927	927	40 (1) a child adjudicated a delinquent child or a child in need of
928	928	41 services; or
929	929	42 (2) a participant in a program of informal adjustment approved by
930	930	2022 IN 340—LS 6954/DI 119 21
931	931	1 a juvenile court under IC 31-34-8 or IC 31-37-9;
932	932	2 is financially responsible as provided in this chapter (or
933	933	3 IC 31-6-4-18(e) before its repeal) for any services provided by or
934	934	4 through the department.
935	935	5 (b) Each person described in subsection (a) shall, before a hearing
936	936	6 under subsection (c) concerning payment or reimbursement of costs,
937	937	7 furnish the court and the department with an accurately completed and
938	938	8 current child support obligation worksheet on the same form that is
939	939	9 prescribed by the Indiana supreme court for child support orders.
940	940	10 (c) At:
941	941	11 (1) a detention hearing;
942	942	12 (2) a hearing that is held after the payment of costs by the
943	943	13 department under section 2 of this chapter (or IC 31-6-4-18(b)
944	944	14 before its repeal);
945	945	15 (3) the dispositional hearing; or
946	946	16 (4) any other hearing to consider modification of a dispositional
947	947	17 decree;
948	948	18 the juvenile court shall order the child's parents or the guardian of the
949	949	19 child's estate to pay for, or reimburse the department for the cost of
950	950	20 services provided to the child or the parent or guardian unless the court
951	951	21 makes a specific finding that the parent or guardian is unable to pay or
952	952	22 that justice would not be served by ordering payment from the parent
953	953	23 or guardian.
954	954	24 (d) Any parental reimbursement obligation under this section shall
955	955	25 be paid directly to the department and not to the local court clerk so
956	956	26 long as the child in need of services case, juvenile delinquency case, or
957	957	27 juvenile status offense case is open. The department shall keep track of
958	958	28 all payments made by each parent and shall provide a receipt for each
959	959	29 payment received. At the end of the child in need of services, juvenile
960	960	30 delinquency, or juvenile status action, the department shall provide an
961	961	31 accounting of payments received, and the court may consider
962	962	32 additional evidence of payment activity and determine the amount of
963	963	33 parental reimbursement obligation that remains unpaid. The court shall
964	964	34 reduce the unpaid balance to a final judgment that may be enforced in
965	965	35 any court having jurisdiction over such matters.
966	966	36 (e) After a judgment for unpaid parental reimbursement obligation
967	967	37 is rendered, payments made toward satisfaction of the judgment shall
968	968	38 be made to the clerk of the court in the county where the enforcement
969	969	39 action is filed and shall be promptly forwarded to the department in the
970	970	40 same manner as any other judgment payment.
971	971	41 SECTION 27. IC 31-40-1-3.5 IS REPEALED [EFFECTIVE JULY
972	972	42 1, 2022]. Sec. 3.5. (a) If a juvenile court:
973	973	2022 IN 340—LS 6954/DI 119 22
974	974	1 (1) adjudicates a child to be a delinquent child; and
975	975	2 (2) awards wardship of the child to the department of correction;
976	976	3 the juvenile court may conduct a hearing. The juvenile court shall use
977	977	4 the Child Support Rules and Guidelines of the Indiana supreme court
978	978	5 and the child support obligation worksheet developed by the Indiana
979	979	6 supreme court to determine what each parent should pay for the
980	980	7 services provided for the child under this section. If the parent
981	981	8 participates with the treatment plans developed by the department of
982	982	9 correction, the parent or parents are entitled to receive a parenting time
983	983	10 credit under the Child Support Rules and Guidelines. The hearing may
984	984	11 be conducted before or after the department of correction incurs costs
985	985	12 for a child.
986	986	13 (b) Each parent shall, before a hearing under subsection (a), furnish
987	987	14 the juvenile court and the department of correction with an accurately
988	988	15 completed and current child support obligation worksheet on the same
989	989	16 form that is prescribed by the Indiana supreme court for child support
990	990	17 orders.
991	991	18 (c) A juvenile court may not order a parent to pay or reimburse the
992	992	19 department of correction if the juvenile court makes a specific finding
993	993	20 that the parent is unable to pay or that justice would not be served by
994	994	21 ordering payment from the parent.
995	995	22 (d) If, after a hearing, the juvenile court orders a parent to pay or
996	996	23 reimburse costs, the parent is financially responsible for the costs of
997	997	24 treatment services incurred by the department of correction.
998	998	25 (e) Any parental reimbursement obligation under this section shall
999	999	26 be paid directly to the clerk of the court so long as the juvenile
1000	1000	27 delinquency case is open. The clerk of the court shall keep track of all
1001	1001	28 payments made by each parent and shall provide a receipt for each
1002	1002	29 payment received. At the end of the juvenile delinquency action, the
1003	1003	30 clerk of the court shall provide an accounting of payments received,
1004	1004	31 and the juvenile court may consider additional evidence of payment
1005	1005	32 activity and determine the amount of parental reimbursement
1006	1006	33 obligation that remains unpaid. The juvenile court shall reduce the
1007	1007	34 unpaid balance to a final judgment that may be enforced in any court
1008	1008	35 having jurisdiction over such matters.
1009	1009	36 (f) After a judgment for unpaid parental reimbursement obligation
1010	1010	37 is rendered, payments made toward satisfaction of the judgment shall
1011	1011	38 be made to the clerk of the court in the county where the enforcement
1012	1012	39 action is filed and shall be forwarded promptly to the department of
1013	1013	40 correction in the same manner as any other judgment payment.
1014	1014	41 (g) The department of correction may compromise a claim owed by
1015	1015	42 a parent under this section. The department of correction, after
1016	1016	2022 IN 340—LS 6954/DI 119 23
1017	1017	1 obtaining the advice of the attorney general, may notify the court of a
1018	1018	2 parental reimbursement obligation that is willfully ignored.
1019	1019	3 (h) Upon release from the department of correction, the parental
1020	1020	4 reimbursement obligation payment to the department of correction
1021	1021	5 ends. If there was a child support order for the child adjudicated
1022	1022	6 delinquent, it reverts to the most recent child support order in effect
1023	1023	7 before the child's adjudication. If the child is placed with a person other
1024	1024	8 than a custodial parent, the juvenile court shall establish a new support
1025	1025	9 order for the benefit of the child being released from the department of
1026	1026	10 correction.
1027	1027	11 (i) The department of correction shall deposit money collected
1028	1028	12 under this section in the division of youth services transitional services
1029	1029	13 fund established by IC 11-10-2-11.
1030	1030	14 SECTION 28. IC 31-40-1-3.8 IS REPEALED [EFFECTIVE JULY
1031	1031	15 1, 2022]. Sec. 3.8. (a) If a county is responsible for the payment of:
1032	1032	16 (1) any costs or expenses of services for or the placement of a
1033	1033	17 child in need of services; or
1034	1034	18 (2) the costs or expenses of services for or the placement of a
1035	1035	19 delinquent child under section 2 of this chapter;
1036	1036	20 the juvenile court ordering the services that the county is responsible
1037	1037	21 for may hold a hearing. The juvenile court shall use the Child Support
1038	1038	22 Rules and Guidelines of the Indiana supreme court and the child
1039	1039	23 support obligation worksheet developed by the Indiana supreme court
1040	1040	24 to determine what each parent should pay for the services provided for
1041	1041	25 the child under this section. If the parent participates with the treatment
1042	1042	26 plans developed by the department or court, the parent or parents are
1043	1043	27 entitled to receive a parenting time credit under the Child Support
1044	1044	28 Rules and Guidelines.
1045	1045	29 (b) Each person described in subsection (a) shall, before a hearing
1046	1046	30 under subsection (c) concerning payment or reimbursement of costs,
1047	1047	31 furnish the court with an accurately completed and current child
1048	1048	32 support obligation worksheet on the same form that is prescribed by the
1049	1049	33 Indiana supreme court for child support orders.
1050	1050	34 (c) At:
1051	1051	35 (1) a detention hearing;
1052	1052	36 (2) a hearing that is held after the payment of costs by the county;
1053	1053	37 (3) the dispositional hearing; or
1054	1054	38 (4) any other hearing to consider modification of a dispositional
1055	1055	39 decree;
1056	1056	40 the juvenile court shall order the child's parents to pay for, or reimburse
1057	1057	41 the county for, the cost of services provided to the child or the parent
1058	1058	42 unless the court makes a specific finding that the parent is unable to
1059	1059	2022 IN 340—LS 6954/DI 119 24
1060	1060	1 pay or that justice would not be served by ordering payment from the
1061	1061	2 parent.
1062	1062	3 (d) Any parental reimbursement obligation under this section shall
1063	1063	4 be paid directly to the clerk of the court so long as the child in need of
1064	1064	5 services case, juvenile delinquency case, or juvenile status offense case
1065	1065	6 is open. The clerk of the court shall keep track of all payments made by
1066	1066	7 each parent and shall provide a receipt for each payment received. At
1067	1067	8 the end of the child in need of services, juvenile delinquency, or
1068	1068	9 juvenile status action, the clerk of the court shall provide an accounting
1069	1069	10 of payments received, and the court may consider additional evidence
1070	1070	11 of payment activity and determine the amount of parental
1071	1071	12 reimbursement obligation that remains unpaid. The court shall reduce
1072	1072	13 the unpaid balance to a final judgment that may be enforced in any
1073	1073	14 court having jurisdiction over such matters.
1074	1074	15 (e) After a judgment for unpaid parental reimbursement obligation
1075	1075	16 is rendered, payments made toward satisfaction of the judgment shall
1076	1076	17 be made to the clerk of the court in the county where the enforcement
1077	1077	18 action is filed.
1078	1078	19 (f) The county may collect any money that is owed under this
1079	1079	20 section as provided by IC 36-1-4-17.
1080	1080	21 (g) Upon release from services ordered under this section, the
1081	1081	22 parental reimbursement obligation payment ends. If there was a child
1082	1082	23 support order for the child adjudicated delinquent, it reverts to the most
1083	1083	24 recent child support order in effect before the child's adjudication. If
1084	1084	25 the child is placed with a person other than a custodial parent, the
1085	1085	26 juvenile court shall establish a new support order for the benefit of the
1086	1086	27 child.
1087	1087	28 SECTION 29. IC 31-40-1-4 IS REPEALED [EFFECTIVE JULY 1,
1088	1088	29 2022]. Sec. 4. The parent or guardian of the estate of any child returned
1089	1089	30 to Indiana under the interstate compact on juveniles under IC 31-37-23
1090	1090	31 shall reimburse the department for all costs involved in returning the
1091	1091	32 child that the court orders the parent or guardian to pay under section
1092	1092	33 3 of this chapter (or IC 31-6-4-18(e) before its repeal) whether or not
1093	1093	34 the child has been adjudicated a delinquent child or a child in need of
1094	1094	35 services.
1095	1095	36 SECTION 30. IC 31-40-1-5 IS REPEALED [EFFECTIVE JULY 1,
1096	1096	37 2022]. Sec. 5. (a) This section applies whenever the court approves
1097	1097	38 removal of a child from the home of a child's parent or guardian and the
1098	1098	39 department places the child in a child caring institution, a foster family
1099	1099	40 home, a group home, or the home of a relative of the child that is not
1100	1100	41 a foster family home.
1101	1101	42 (b) If an existing support order is in effect, the juvenile court shall
1102	1102	2022 IN 340—LS 6954/DI 119 25
1103	1103	1 order the support payments to be assigned to the department for the
1104	1104	2 duration of the placement out of the home of the child's parent or
1105	1105	3 guardian. The juvenile court shall notify the court that:
1106	1106	4 (1) entered the existing support order; or
1107	1107	5 (2) had jurisdiction, immediately before the placement, to modify
1108	1108	6 or enforce the existing support order;
1109	1109	7 of the assignment and assumption of jurisdiction by the juvenile court
1110	1110	8 under this section.
1111	1111	9 (c) If an existing support order is not in effect, the court shall do the
1112	1112	10 following:
1113	1113	11 (1) Include in the order for out-of-home placement of the child an
1114	1114	12 assignment to the department or confirmation of an assignment
1115	1115	13 that occurs or is required under applicable federal law, of any
1116	1116	14 rights to support, including support for the cost of any medical
1117	1117	15 care payable by the state under IC 12-15, from any parent or
1118	1118	16 guardian who has a legal obligation to support the child.
1119	1119	17 (2) Order support paid to the department by each of the child's
1120	1120	18 parents or the guardians of the child's estate to be based on child
1121	1121	19 support guidelines adopted by the Indiana supreme court and for
1122	1122	20 the duration of the placement of the child out of the home of the
1123	1123	21 child's parent or guardian, unless:
1124	1124	22 (A) the court finds that entry of an order based on the child
1125	1125	23 support guidelines would be unjust or inappropriate
1126	1126	24 considering the best interests of the child and other necessary
1127	1127	25 obligations of the child's family; or
1128	1128	26 (B) the department does not make foster care maintenance
1129	1129	27 payments to the custodian of the child. For purposes of this
1130	1130	28 clause, "foster care maintenance payments" means any
1131	1131	29 payments for the cost of (in whole or in part) providing food,
1132	1132	30 clothing, shelter, daily supervision, school supplies, a child's
1133	1133	31 personal incidentals, liability insurance with respect to a child,
1134	1134	32 and reasonable amounts for travel to the child's home for
1135	1135	33 visitation. In the case of a child caring institution, the term also
1136	1136	34 includes the reasonable costs of administration and operation
1137	1137	35 of the institution as are necessary to provide the items
1138	1138	36 described in this clause.
1139	1139	37 (3) If the court:
1140	1140	38 (A) does not enter a support order; or
1141	1141	39 (B) enters an order that is not based on the child support
1142	1142	40 guidelines;
1143	1143	41 the court shall make findings as required by 45 CFR 302.56(g).
1144	1144	42 (d) Payments in accordance with a support order assigned under
1145	1145	2022 IN 340—LS 6954/DI 119 26
1146	1146	1 subsection (b) or entered under subsection (c) (or IC 31-6-4-18(f)
1147	1147	2 before its repeal) shall be paid through the:
1148	1148	3 (1) clerk of the circuit court as trustee for remittance to the
1149	1149	4 department; or
1150	1150	5 (2) state central collection unit established in IC 31-25-3-1.
1151	1151	6 (e) The Title IV-D agency shall establish, modify, or enforce a
1152	1152	7 support order assigned or entered by a court under this section in
1153	1153	8 accordance with IC 31-25-3, IC 31-25-4, and 42 U.S.C. 654. The
1154	1154	9 department shall, if requested, assist the Title IV-D agency in
1155	1155	10 performing its duties under this subsection.
1156	1156	11 (f) If the juvenile court terminates placement of a child out of the
1157	1157	12 home of the child's parent or guardian, the court shall:
1158	1158	13 (1) notify the court that:
1159	1159	14 (A) entered a support order assigned to the department under
1160	1160	15 subsection (b); or
1161	1161	16 (B) had jurisdiction, immediately before the placement, to
1162	1162	17 modify or enforce the existing support order;
1163	1163	18 of the termination of jurisdiction of the juvenile court with respect
1164	1164	19 to the support order;
1165	1165	20 (2) terminate a support order entered under subsection (c) that
1166	1166	21 requires payment of support by a custodial parent or guardian of
1167	1167	22 the child, with respect to support obligations that accrue after
1168	1168	23 termination of the placement; or
1169	1169	24 (3) continue in effect, subject to modification or enforcement by
1170	1170	25 a court having jurisdiction over the obligor, a support order
1171	1171	26 entered under subsection (c) that requires payment of support by
1172	1172	27 a noncustodial parent or guardian of the estate of the child.
1173	1173	28 (g) The court may at or after a hearing described in section 3 of this
1174	1174	29 chapter order the child's parent or the guardian of the child's estate to
1175	1175	30 reimburse the department for all or any portion of the expenses for
1176	1176	31 services provided to or for the benefit of the child that are paid by the
1177	1177	32 department during the placement of the child out of the home of the
1178	1178	33 parent or guardian, in addition to amounts reimbursed through
1179	1179	34 payments in accordance with a support order assigned or entered as
1180	1180	35 provided in this section, subject to applicable federal law.
1181	1181	36 SECTION 31. IC 31-40-1-6 IS REPEALED [EFFECTIVE JULY 1,
1182	1182	37 2022]. Sec. 6. (a) The department may contract with any of the
1183	1183	38 following, on terms and conditions with respect to compensation and
1184	1184	39 payment or reimbursement of expenses as the department may
1185	1185	40 determine, for the enforcement and collection of any parental
1186	1186	41 reimbursement obligation established by order entered by the court
1187	1187	42 under section 3 or 5(g) of this chapter:
1188	1188	2022 IN 340—LS 6954/DI 119 27
1189	1189	1 (1) The prosecuting attorney of the county in which the juvenile
1190	1190	2 court that ordered or approved the services is located or in which
1191	1191	3 the obligor resides.
1192	1192	4 (2) An attorney licensed to practice law in Indiana, if the attorney
1193	1193	5 is not an employee of the department.
1194	1194	6 (3) A private collection agency licensed under IC 25-11.
1195	1195	7 (b) A contract entered into under this section is subject to approval
1196	1196	8 under IC 4-13-2-14.1.
1197	1197	9 (c) Any fee payable to a prosecuting attorney under a contract under
1198	1198	10 subsection (a)(1) shall be deposited in the county general fund and
1199	1199	11 credited to a separate account identified as the prosecuting attorney's
1200	1200	12 child services collections account. The prosecuting attorney may
1201	1201	13 expend funds credited to the prosecuting attorney's child services
1202	1202	14 collections account, without appropriation, only for the purpose of
1203	1203	15 supporting and enhancing the functions of the prosecuting attorney in
1204	1204	16 enforcement and collection of parental obligations to reimburse the
1205	1205	17 department.
1206	1206	18 (d) Contracts between a prosecuting attorney, a private attorney, or
1207	1207	19 a collection agency licensed under IC 25-11 and the department:
1208	1208	20 (1) must:
1209	1209	21 (A) be in writing;
1210	1210	22 (B) include:
1211	1211	23 (i) all fees, charges, and costs, including administrative and
1212	1212	24 application fees; and
1213	1213	25 (ii) the right of the department to cancel the contract at any
1214	1214	26 time;
1215	1215	27 (C) require the prosecuting attorney, private attorney, or
1216	1216	28 collection agency, upon the request of the department, to
1217	1217	29 provide the:
1218	1218	30 (i) source of each payment received for a parental
1219	1219	31 reimbursement order;
1220	1220	32 (ii) form of each payment received for a parental
1221	1221	33 reimbursement order; and
1222	1222	34 (iii) amount and percentage that is deducted as a fee or a
1223	1223	35 charge from each payment on the parental reimbursement
1224	1224	36 order; and
1225	1225	37 (D) have a term of not more than four (4) years; and
1226	1226	38 (2) may be negotiable contingency contracts in which a
1227	1227	39 prosecuting attorney, private attorney, or collection agency may
1228	1228	40 not collect a fee that exceeds fifteen percent (15%) of the parental
1229	1229	41 reimbursement collected per case.
1230	1230	42 (e) A prosecuting attorney, private attorney, or collection agency
1231	1231	2022 IN 340—LS 6954/DI 119 28
1232	1232	1 that contracts with the department under this section may, in addition
1233	1233	2 to the collection of the parental reimbursement order, assess and collect
1234	1234	3 from an obligor all fees, charges, costs, and other expenses as provided
1235	1235	4 under the terms of the contract described in subsection (d).
1236	1236	5 SECTION 32. IC 31-40-2-1 IS REPEALED [EFFECTIVE JULY 1,
1237	1237	6 2022]. Sec. 1. (a) Subject to IC 31-40-1-3, a juvenile court may order
1238	1238	7 each delinquent child who receives supervision under IC 31-37-19 or
1239	1239	8 the child's parent, guardian, or custodian to pay to either the probation
1240	1240	9 department or the clerk of the court:
1241	1241	10 (1) an initial probation user's fee of at least twenty-five dollars
1242	1242	11 ($25) but not more than one hundred dollars ($100);
1243	1243	12 (2) a probation user's fee of at least ten dollars ($10) but not more
1244	1244	13 than twenty-five dollars ($25) for each month the child receives
1245	1245	14 supervision; and
1246	1246	15 (3) an administrative fee of one hundred dollars ($100) if the
1247	1247	16 delinquent child is supervised by a juvenile probation officer.
1248	1248	17 (b) If a clerk of a court collects a probation user's fee, the clerk:
1249	1249	18 (1) may keep not more than three percent (3%) of the fee to defray
1250	1250	19 the administrative costs of collecting the fee and shall deposit any
1251	1251	20 fee kept under this subsection in the clerk's record perpetuation
1252	1252	21 fund established under IC 33-37-5-2; and
1253	1253	22 (2) if requested to do so by the county auditor, city fiscal officer,
1254	1254	23 or town fiscal officer under clause (A), (B), or (C), transfer not
1255	1255	24 more than three percent (3%) of the fee to the:
1256	1256	25 (A) county auditor who shall deposit the money transferred
1257	1257	26 under this subdivision into the county general fund;
1258	1258	27 (B) city general fund when requested by the city fiscal officer;
1259	1259	28 or
1260	1260	29 (C) town general fund when requested by the town fiscal
1261	1261	30 officer.
1262	1262	31 (c) The probation department or clerk shall collect the
1263	1263	32 administrative fee under subsection (a)(3) before collecting any other
1264	1264	33 fee under subsection (a). The probation department or the clerk shall
1265	1265	34 deposit the probation user's fees and the administrative fees paid under
1266	1266	35 subsection (a) into the county supplemental juvenile probation services
1267	1267	36 fund.
1268	1268	37 (d) In addition to other methods of payment allowed by law, a
1269	1269	38 probation department may accept payment of fees required under this
1270	1270	39 section and section 1.5 of this chapter by credit card (as defined in
1271	1271	40 IC 14-11-1-7). The liability for payment is not discharged until the
1272	1272	41 probation department receives payment or credit from the institution
1273	1273	42 responsible for making the payment or credit.
1274	1274	2022 IN 340—LS 6954/DI 119 29
1275	1275	1 (e) The probation department may contract with a bank or credit
1276	1276	2 card vendor for acceptance of bank or credit cards. However, if there
1277	1277	3 is a vendor transaction charge or discount fee, whether billed to the
1278	1278	4 probation department or charged directly to the probation department's
1279	1279	5 account, the probation department may collect a credit card service fee
1280	1280	6 from the person using the bank or credit card. The fee collected under
1281	1281	7 this subsection is a permitted additional charge to the money the
1282	1282	8 probation department is required to collect under subsection (a).
1283	1283	9 (f) The probation department shall deposit the credit card service
1284	1284	10 fees collected under subsection (e) into the county supplemental
1285	1285	11 juvenile probation services fund. These funds may be used without
1286	1286	12 appropriation to pay the transaction charge or discount fee charged by
1287	1287	13 the bank or credit card vendor.
1288	1288	14 SECTION 33. IC 31-40-2-1.5 IS REPEALED [EFFECTIVE JULY
1289	1289	15 1, 2022]. Sec. 1.5. Notwithstanding the probation user's fee amounts
1290	1290	16 established under section 1 of this chapter, a court may order a person
1291	1291	17 to pay a probation user's fee that exceeds the maximum amount
1292	1292	18 allowed under section 1 of this chapter if:
1293	1293	19 (1) the person was placed on probation in another state and
1294	1294	20 moved or was transferred to Indiana;
1295	1295	21 (2) the other state allows a higher probation user's fee than the
1296	1296	22 maximum amount allowed under section 1 of this chapter; and
1297	1297	23 (3) the probation user's fee the court orders the person to pay does
1298	1298	24 not exceed the maximum amount allowed in the other state.
1299	1299	25 SECTION 34. IC 31-40-2-1.7 IS REPEALED [EFFECTIVE JULY
1300	1300	26 1, 2022]. Sec. 1.7. (a) A person may pay a monthly probation user's fee
1301	1301	27 under section 1 or 1.5 of this chapter before the date the payment is
1302	1302	28 required to be made without obtaining the prior approval of a court or
1303	1303	29 a probation department. However, if a delinquent child is discharged
1304	1304	30 from probation before the date the delinquent child was scheduled to
1305	1305	31 be released from probation, any monthly probation user's fee paid in
1306	1306	32 advance for the delinquent child may not be refunded.
1307	1307	33 (b) A probation department may petition a court to:
1308	1308	34 (1) impose a probation user's fee on a person; or
1309	1309	35 (2) increase a person's probation user's fee;
1310	1310	36 under section 1 or 1.5 of this chapter if the financial ability of the
1311	1311	37 person to pay a probation user's fee changes while the person is on
1312	1312	38 probation.
1313	1313	39 (c) An order to pay a probation user's fee under section 1 or 1.5 of
1314	1314	40 this chapter:
1315	1315	41 (1) is a judgment lien that:
1316	1316	42 (A) attaches to the property of the person subject to the order;
1317	1317	2022 IN 340—LS 6954/DI 119 30
1318	1318	1 (B) may be perfected;
1319	1319	2 (C) may be enforced to satisfy any payment that is delinquent
1320	1320	3 under section 1 or 1.5 of this chapter; and
1321	1321	4 (D) expires;
1322	1322	5 in the same manner as a judgment lien created in a civil
1323	1323	6 proceeding;
1324	1324	7 (2) is not discharged by the completion of the person's
1325	1325	8 probationary period or other sentence imposed on the person; and
1326	1326	9 (3) is not discharged by the liquidation of a person's estate by a
1327	1327	10 receiver under IC 32-30-5.
1328	1328	11 (d) A delinquent child placed on probation for more than one (1)
1329	1329	12 delinquent act:
1330	1330	13 (1) may be required to pay more than one (1) initial probation
1331	1331	14 user's fee; and
1332	1332	15 (2) may not be required to pay more than one (1) monthly
1333	1333	16 probation user's fee per month;
1334	1334	17 to either the probation department or the clerk of the court.
1335	1335	18 (e) If a court orders a person to pay a probation user's fee under
1336	1336	19 section 1 or 1.5 of this chapter, the court may garnish the wages, salary,
1337	1337	20 and other income earned by the person to enforce the order.
1338	1338	21 SECTION 35. IC 31-40-3-1 IS REPEALED [EFFECTIVE JULY 1,
1339	1339	22 2022]. Sec. 1. Subject to IC 31-40-1-3, juvenile court may order the
1340	1340	23 parent or guardian of the estate of any child for whom a guardian ad
1341	1341	24 litem or court appointed special advocate is appointed to pay to the
1342	1342	25 probation department a user fee of not more than one hundred dollars
1343	1343	26 ($100) for deposit by the probation department in:
1344	1344	27 (1) the guardian ad litem fund if a guardian ad litem has been
1345	1345	28 appointed; or
1346	1346	29 (2) the court appointed special advocate fund if a court appointed
1347	1347	30 special advocate has been appointed.
1348	1348	31 SECTION 36. IC 31-40-4 IS REPEALED [EFFECTIVE JULY 1,
1349	1349	32 2022]. (Failure to Pay Fees).
1350	1350	33 SECTION 37. IC 31-40-5 IS ADDED TO THE INDIANA CODE
1351	1351	34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1352	1352	35 JULY 1, 2022]:
1353	1353	36 Chapter 5. Outstanding Costs and Warrants
1354	1354	37 Sec. 1. (a) Any outstanding unpaid balance of costs, fees, or
1355	1355	38 other financial obligations imposed on a delinquent child, or on the
1356	1356	39 parent or guardian of a delinquent child, under any of the
1357	1357	40 following statutes before the repeal or amendment of the statute
1358	1358	41 during the 2022 regular session of the general assembly is
1359	1359	42 unenforceable and uncollectable:
1360	1360	2022 IN 340—LS 6954/DI 119 31
1361	1361	1 (1) IC 11-13-4.5-4.
1362	1362	2 (2) IC 31-37-9-9 (repealed).
1363	1363	3 (3) IC 31-37-19-1.
1364	1364	4 (4) IC 31-37-19-5.
1365	1365	5 (5) IC 31-40-1-2.
1366	1366	6 (6) IC 31-40-1-3 (repealed).
1367	1367	7 (7) IC 31-40-1-3.5 (repealed).
1368	1368	8 (8) IC 31-40-1-3.8 (repealed).
1369	1369	9 (9) IC 31-40-1-4 (repealed).
1370	1370	10 (10) IC 31-40-1-5 (repealed).
1371	1371	11 (11) IC 31-40-2-1 (repealed).
1372	1372	12 (12) IC 31-40-2-1.5 (repealed).
1373	1373	13 (13) IC 31-40-2-1.7 (repealed).
1374	1374	14 (14) IC 31-40-3-1 (repealed).
1375	1375	15 (15) IC 31-40-4 (repealed).
1376	1376	16 (16) IC 33-23-16-23.5 (repealed).
1377	1377	17 (17) IC 33-37-4-3 (repealed).
1378	1378	18 (18) IC 33-37-5-10.
1379	1379	19 (19) IC 33-40-3-6.
1380	1380	20 (b) A delinquent child, or parent or guardian of a delinquent
1381	1381	21 child, is not required to take any affirmative action to vacate an
1382	1382	22 outstanding unpaid balance described in subsection (a).
1383	1383	23 (c) The office of judicial administration, in consultation with
1384	1384	24 other state or municipal agencies as necessary, shall establish
1385	1385	25 procedures to vacate all outstanding unpaid balances described in
1386	1386	26 subsection (a).
1387	1387	27 (d) The office of judicial administration shall design and
1388	1388	28 implement the procedures described in subsection (c) such that all
1389	1389	29 outstanding unpaid balances described in subsection (a) are
1390	1390	30 vacated not later than January 1, 2023.
1391	1391	31 Sec. 2. (a) Any outstanding unpaid balance resulting from a civil
1392	1392	32 judgment based on costs, fees, or other financial obligations
1393	1393	33 imposed on a delinquent child, or parent or guardian of a
1394	1394	34 delinquent child, under any of the following statutes before the
1395	1395	35 repeal or amendment of the statute during the 2022 regular session
1396	1396	36 of the general assembly is unenforceable and uncollectable:
1397	1397	37 (1) IC 11-13-4.5-4.
1398	1398	38 (2) IC 31-37-9-9 (repealed).
1399	1399	39 (3) IC 31-37-19-1.
1400	1400	40 (4) IC 31-37-19-5.
1401	1401	41 (5) IC 31-40-1-2.
1402	1402	42 (6) IC 31-40-1-3 (repealed).
1403	1403	2022 IN 340—LS 6954/DI 119 32
1404	1404	1 (7) IC 31-40-1-3.5 (repealed).
1405	1405	2 (8) IC 31-40-1-3.8 (repealed).
1406	1406	3 (9) IC 31-40-1-4 (repealed).
1407	1407	4 (10) IC 31-40-1-5 (repealed).
1408	1408	5 (11) IC 31-40-2-1 (repealed).
1409	1409	6 (12) IC 31-40-2-1.5 (repealed).
1410	1410	7 (13) IC 31-40-2-1.7 (repealed).
1411	1411	8 (14) IC 31-40-3-1 (repealed).
1412	1412	9 (15) IC 31-40-4 (repealed).
1413	1413	10 (16) IC 33-23-16-23.5 (repealed).
1414	1414	11 (17) IC 33-37-4-3 (repealed).
1415	1415	12 (18) IC 33-37-5-10.
1416	1416	13 (19) IC 33-40-3-6.
1417	1417	14 (b) A delinquent child, or parent or guardian of a delinquent
1418	1418	15 child, is not required to take any affirmative action to vacate an
1419	1419	16 outstanding unpaid balance described in subsection (a).
1420	1420	17 (c) The office of judicial administration, in consultation with
1421	1421	18 other state or municipal agencies as necessary, shall establish
1422	1422	19 procedures to vacate all outstanding unpaid balances described in
1423	1423	20 subsection (a).
1424	1424	21 (d) The office of judicial administration shall design and
1425	1425	22 implement the procedures described in subsection (c) such that all
1426	1426	23 such outstanding unpaid balances described in subsection (a) are
1427	1427	24 vacated not later than January 1, 2023.
1428	1428	25 Sec. 3. (a) A warrant issued solely on the basis of failure by a
1429	1429	26 delinquent child, or parent or guardian of a delinquent child, to:
1430	1430	27 (1) pay:
1431	1431	28 (A) costs, fees, or other financial obligations described in
1432	1432	29 section 1 of this chapter; or
1433	1433	30 (B) a civil judgment described in section 2 of this chapter;
1434	1434	31 or
1435	1435	32 (2) appear at a court hearing concerning only:
1436	1436	33 (A) payment of costs, fees, or other financial obligations
1437	1437	34 described in section 1 of this chapter; or
1438	1438	35 (B) payment of a civil judgment described in section 2 of
1439	1439	36 this chapter;
1440	1440	37 is void.
1441	1441	38 (b) A delinquent child, or parent or guardian of a delinquent
1442	1442	39 child, is not required to take any affirmative action to void or
1443	1443	40 expunge an outstanding warrant described in subsection (a).
1444	1444	41 (c) The office of judicial administration, in consultation with
1445	1445	42 other state, municipal, or law enforcement agencies as necessary,
1446	1446	2022 IN 340—LS 6954/DI 119 33
1447	1447	1 shall establish procedures to formally rescind and expunge all
1448	1448	2 warrants described in subsection (a).
1449	1449	3 (d) The office of judicial administration shall design and
1450	1450	4 implement the procedures described in subsection (c) such that any
1451	1451	5 outstanding warrants described in subsection (a) are rescinded and
1452	1452	6 expunged not later than January 1, 2023.
1453	1453	7 Sec. 4. This chapter expires July 1, 2023.
1454	1454	8 SECTION 38. IC 33-23-16-23.5 IS REPEALED [EFFECTIVE
1455	1455	9 JULY 1, 2022]. Sec. 23.5. (a) A parent or guardian of a child:
1456	1456	10 (1) who is:
1457	1457	11 (A) adjudicated a delinquent child; or
1458	1458	12 (B) in a program of informal adjustment approved by a
1459	1459	13 juvenile court under IC 31-37-9; and
1460	1460	14 (2) who is accepted into a problem solving court program;
1461	1461	15 is financially responsible for the problem solving court services fee and
1462	1462	16 chemical testing expenses assessed against the child by the problem
1463	1463	17 solving court under this chapter.
1464	1464	18 (b) A parent or guardian of a child described in subsection (a) shall,
1465	1465	19 before a hearing under subsection (c) concerning payment of fees and
1466	1466	20 expenses assessed against the child, provide financial information to
1467	1467	21 the problem solving court as ordered by the problem solving court.
1468	1468	22 (c) The problem solving court shall hold a hearing and may order
1469	1469	23 the parent or guardian to pay fees and expenses assessed against a child
1470	1470	24 described in subsection (a) unless the problem solving court makes a
1471	1471	25 specific finding that:
1472	1472	26 (1) the parent or guardian is unable to pay the fees or expenses;
1473	1473	27 or
1474	1474	28 (2) justice would not be served by ordering the parent or guardian
1475	1475	29 to pay the fees or expenses.
1476	1476	30 (d) If a parent or guardian is ordered to pay fees or expenses under
1477	1477	31 this section, the parent or guardian shall pay the fees or expenses to the
1478	1478	32 problem solving court or the clerk of the court. The problem solving
1479	1479	33 court shall keep a record of all payments made under this section by
1480	1480	34 each parent or guardian. When a child is discharged from a problem
1481	1481	35 solving court program, the problem solving court shall determine the
1482	1482	36 amount of any unpaid fees or expenses a parent or guardian owes under
1483	1483	37 this section. The problem solving court may reduce the unpaid balance
1484	1484	38 to a final judgment that may be enforced in any court that has
1485	1485	39 appropriate jurisdiction.
1486	1486	40 SECTION 39. IC 33-24-6-4, AS AMENDED BY P.L.161-2018,
1487	1487	41 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1488	1488	42 JULY 1, 2022]: Sec. 4. (a) The office of judicial administration shall
1489	1489	2022 IN 340—LS 6954/DI 119 34
1490	1490	1 establish and administer an office of guardian ad litem and court
1491	1491	2 appointed special advocate services. The office of judicial
1492	1492	3 administration shall use money it receives from the state general fund
1493	1493	4 to administer the office. If funds for guardian ad litem and court
1494	1494	5 appointed special advocate programs are appropriated by the general
1495	1495	6 assembly, the office of judicial administration shall provide matching
1496	1496	7 funds to counties that implement and administer, in courts with
1497	1497	8 juvenile jurisdiction, a guardian ad litem or court appointed special
1498	1498	9 advocate program for children who are alleged to be victims of child
1499	1499	10 abuse or neglect under IC 31-33. Matching funds must be distributed
1500	1500	11 in accordance with the provisions of section 5 of this chapter. A county
1501	1501	12 may use these matching funds to supplement amounts that are collected
1502	1502	13 as fees under IC 31-40-3-1 and used for the operation of guardian ad
1503	1503	14 litem and court appointed special advocate programs. The office of
1504	1504	15 judicial administration may use its administrative fund to provide
1505	1505	16 training services and communication services for local officials and
1506	1506	17 local guardian ad litem and court appointed special advocate programs.
1507	1507	18 The county fiscal body shall appropriate adequate funds for the county
1508	1508	19 to be eligible for matching funds under this section.
1509	1509	20 (b) Matching funds provided to a county under this section shall be
1510	1510	21 used for guardian ad litem and court appointed special advocate
1511	1511	22 programs and may be deposited in the county's guardian ad litem or
1512	1512	23 court appointed special advocate fund described in IC 31-40-3.
1513	1513	24 (c) Any matching funds appropriated to the office of judicial
1514	1514	25 administration that are not used before July 1 of each fiscal year do not
1515	1515	26 revert but shall be redistributed under this section on July 1. The office
1516	1516	27 of judicial administration shall redistribute the funds among counties
1517	1517	28 providing guardian ad litem and court appointed special advocate
1518	1518	29 programs that are entitled to receive matching funds.
1519	1519	30 (d) Money appropriated to the office of judicial administration does
1520	1520	31 not revert at the end of a state fiscal year to the state general fund.
1521	1521	32 (e) Only guardian ad litem or court appointed special advocate
1522	1522	33 programs certified by the supreme court are eligible for funding under
1523	1523	34 this section.
1524	1524	35 SECTION 40. IC 33-37-4-3 IS REPEALED [EFFECTIVE JULY 1,
1525	1525	36 2022]. Sec. 3. (a) The clerk shall collect a juvenile costs fee of one
1526	1526	37 hundred twenty dollars ($120) for each action filed under any of the
1527	1527	38 following:
1528	1528	39 (1) IC 31-34 (children in need of services).
1529	1529	40 (2) IC 31-37 (delinquent children).
1530	1530	41 (3) IC 31-14 (paternity).
1531	1531	42 (b) In addition to the juvenile costs fee collected under this section,
1532	1532	2022 IN 340—LS 6954/DI 119 35
1533	1533	1 the clerk shall collect the following fees, if they are required under
1534	1534	2 IC 33-37-5:
1535	1535	3 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
1536	1536	4 IC 33-37-5-4).
1537	1537	5 (2) A marijuana eradication program fee (IC 33-37-5-7).
1538	1538	6 (3) An alcohol and drug services program fee (IC 33-37-5-8(b)).
1539	1539	7 (4) A law enforcement continuing education program fee (IC
1540	1540	8 33-37-5-8(c)).
1541	1541	9 (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
1542	1542	10 (6) A document storage fee (IC 33-37-5-20).
1543	1543	11 (7) An automated record keeping fee (IC 33-37-5-21).
1544	1544	12 (8) A late payment fee (IC 33-37-5-22).
1545	1545	13 (9) A public defense administration fee (IC 33-37-5-21.2).
1546	1546	14 (10) A judicial insurance adjustment fee (IC 33-37-5-25).
1547	1547	15 (11) A judicial salaries fee (IC 33-37-5-26).
1548	1548	16 (12) A court administration fee (IC 33-37-5-27).
1549	1549	17 (13) A DNA sample processing fee (IC 33-37-5-26.2).
1550	1550	18 (c) The clerk shall transfer to the county auditor or city or town
1551	1551	19 fiscal officer the following fees not later than thirty (30) days after they
1552	1552	20 are collected:
1553	1553	21 (1) The marijuana eradication program fee (IC 33-37-5-7).
1554	1554	22 (2) The alcohol and drug services program fee (IC 33-37-5-8(b)).
1555	1555	23 (3) The law enforcement continuing education program fee (IC
1556	1556	24 33-37-5-8(c)).
1557	1557	25 The auditor or fiscal officer shall deposit the fees in the appropriate
1558	1558	26 user fee fund established under IC 33-37-8.
1559	1559	27 SECTION 41. IC 33-37-4-4, AS AMENDED BY P.L.39-2017,
1560	1560	28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1561	1561	29 JULY 1, 2022]: Sec. 4. (a) The clerk shall collect a civil costs fee of
1562	1562	30 one hundred dollars ($100) from a party filing a civil action. This
1563	1563	31 subsection does not apply to the following civil actions:
1564	1564	32 (1) Proceedings to enforce a statute defining an infraction under
1565	1565	33 IC 34-28-5 (or IC 34-4-32 before its repeal).
1566	1566	34 (2) Proceedings to enforce an ordinance under IC 34-28-5 (or
1567	1567	35 IC 34-4-32 before its repeal).
1568	1568	36 (3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
1569	1569	37 (4) Proceedings in paternity under IC 31-14.
1570	1570	38 (5) (4) Proceedings in small claims court under IC 33-34.
1571	1571	39 (6) (5) Proceedings in actions described in section 7 of this
1572	1572	40 chapter.
1573	1573	41 (b) In addition to the civil costs fee collected under this section, the
1574	1574	42 clerk shall collect the following fees, if they are required under
1575	1575	2022 IN 340—LS 6954/DI 119 36
1576	1576	1 IC 33-37-5:
1577	1577	2 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
1578	1578	3 IC 33-37-5-4).
1579	1579	4 (2) A support and maintenance fee (IC 33-37-5-6).
1580	1580	5 (3) A document storage fee (IC 33-37-5-20).
1581	1581	6 (4) An automated record keeping fee (IC 33-37-5-21).
1582	1582	7 (5) A public defense administration fee (IC 33-37-5-21.2).
1583	1583	8 (6) A judicial insurance adjustment fee (IC 33-37-5-25).
1584	1584	9 (7) A judicial salaries fee (IC 33-37-5-26).
1585	1585	10 (8) A court administration fee (IC 33-37-5-27).
1586	1586	11 (9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
1587	1587	12 (10) A garnishee service fee (IC 33-37-5-28(b)(3) or
1588	1588	13 IC 33-37-5-28(b)(4)).
1589	1589	14 (11) For a mortgage foreclosure action, a mortgage foreclosure
1590	1590	15 counseling and education fee (IC 33-37-5-33) (before its
1591	1591	16 expiration on July 1, 2017).
1592	1592	17 (12) Before July 1, 2022, a pro bono legal services fee (IC
1593	1593	18 33-37-5-31).
1594	1594	19 SECTION 42. IC 33-37-5-10 IS AMENDED TO READ AS
1595	1595	20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 10. (a) The clerk shall
1596	1596	21 collect an alcohol and drug countermeasures fee of two hundred dollars
1597	1597	22 ($200) in each action in which:
1598	1598	23 (1) a person is found to have:
1599	1599	24 (A) committed an offense under IC 9-30-5; or
1600	1600	25 (B) violated a statute defining an infraction under IC 9-30-5;
1601	1601	26 or
1602	1602	27 (C) been adjudicated a delinquent for an act that would be an
1603	1603	28 offense under IC 9-30-5, if committed by an adult; and
1604	1604	29 (2) the person's driving privileges are suspended by the court or
1605	1605	30 the bureau of motor vehicles as a result of the finding.
1606	1606	31 (b) The clerk shall collect an alcohol and drug countermeasures fee
1607	1607	32 of two hundred dollars ($200) in each action in which:
1608	1608	33 (1) a person is charged with an offense under IC 9-30-5; and
1609	1609	34 (2) by a plea agreement or an agreement of the parties that is
1610	1610	35 approved by the court:
1611	1611	36 (A) judgment is entered for an offense under:
1612	1612	37 (i) IC 9-21-8-50;
1613	1613	38 (ii) IC 9-21-8-52;
1614	1614	39 (iii) IC 7.1-5-1-3; or
1615	1615	40 (iv) IC 7.1-5-1-6; and
1616	1616	41 (B) the defendant agrees to pay the alcohol and drug counter
1617	1617	42 measures fee.
1618	1618	2022 IN 340—LS 6954/DI 119 37
1619	1619	1 SECTION 43. IC 33-37-7-2, AS AMENDED BY P.L.165-2021,
1620	1620	2 SECTION 193, IS AMENDED TO READ AS FOLLOWS
1621	1621	3 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The clerk of a circuit court
1622	1622	4 shall distribute semiannually to the auditor of state as the state share for
1623	1623	5 deposit in the homeowner protection unit account established by
1624	1624	6 IC 4-6-12-9 one hundred percent (100%) of the automated record
1625	1625	7 keeping fees collected under IC 33-37-5-21 with respect to actions
1626	1626	8 resulting in the accused person entering into a pretrial diversion
1627	1627	9 program agreement under IC 33-39-1-8 or a deferral program
1628	1628	10 agreement under IC 34-28-5-1 and for deposit in the state general fund
1629	1629	11 seventy percent (70%) of the amount of fees collected under the
1630	1630	12 following:
1631	1631	13 (1) IC 33-37-4-1(a) (criminal costs fees).
1632	1632	14 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
1633	1633	15 (3) IC 33-37-4-3(a) (juvenile costs fees).
1634	1634	16 (4) (3) IC 33-37-4-4(a) (civil costs fees).
1635	1635	17 (5) (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
1636	1636	18 (6) (5) IC 33-37-4-7(a) (probate costs fees).
1637	1637	19 (7) (6) IC 33-37-5-17 (deferred prosecution fees).
1638	1638	20 (b) The clerk of a circuit court shall distribute semiannually to the
1639	1639	21 auditor of state for deposit in the state user fee fund established in
1640	1640	22 IC 33-37-9-2 the following:
1641	1641	23 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
1642	1642	24 interdiction, and correction fees collected under
1643	1643	25 IC 33-37-4-1(b)(5).
1644	1644	26 (2) Twenty-five percent (25%) of the alcohol and drug
1645	1645	27 countermeasures fees collected under IC 33-37-4-1(b)(6) and
1646	1646	28 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
1647	1647	29 (3) One hundred percent (100%) of the child abuse prevention
1648	1648	30 fees collected under IC 33-37-4-1(b)(7).
1649	1649	31 (4) One hundred percent (100%) of the domestic violence
1650	1650	32 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
1651	1651	33 (5) One hundred percent (100%) of the highway worksite zone
1652	1652	34 fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
1653	1653	35 (6) Seventy-five percent (75%) of the safe schools fee collected
1654	1654	36 under IC 33-37-5-18.
1655	1655	37 (7) One hundred percent (100%) of the automated record keeping
1656	1656	38 fee collected under IC 33-37-5-21 not distributed under
1657	1657	39 subsection (a).
1658	1658	40 (c) The clerk of a circuit court shall distribute monthly to the county
1659	1659	41 auditor the following:
1660	1660	42 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
1661	1661	2022 IN 340—LS 6954/DI 119 38
1662	1662	1 interdiction, and correction fees collected under
1663	1663	2 IC 33-37-4-1(b)(5).
1664	1664	3 (2) Seventy-five percent (75%) of the alcohol and drug
1665	1665	4 countermeasures fees collected under IC 33-37-4-1(b)(6) and
1666	1666	5 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
1667	1667	6 The county auditor shall deposit fees distributed by a clerk under this
1668	1668	7 subsection into the county drug free community fund established under
1669	1669	8 IC 5-2-11.
1670	1670	9 (d) The clerk of a circuit court shall distribute monthly to the county
1671	1671	10 auditor one hundred percent (100%) of the late payment fees collected
1672	1672	11 under IC 33-37-5-22. The county auditor shall deposit fees distributed
1673	1673	12 by a clerk under this subsection as follows:
1674	1674	13 (1) If directed to do so by an ordinance adopted by the county
1675	1675	14 fiscal body, the county auditor shall deposit forty percent (40%)
1676	1676	15 of the fees in the clerk's record perpetuation fund established
1677	1677	16 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
1678	1678	17 county general fund.
1679	1679	18 (2) If the county fiscal body has not adopted an ordinance
1680	1680	19 described in subdivision (1), the county auditor shall deposit all
1681	1681	20 the fees in the county general fund.
1682	1682	21 (e) The clerk of the circuit court shall distribute semiannually to the
1683	1683	22 auditor of state for deposit in the sexual assault victims assistance fund
1684	1684	23 established by IC 5-2-6-23(d) one hundred percent (100%) of the
1685	1685	24 sexual assault victims assistance fees collected under IC 33-37-5-23.
1686	1686	25 (f) The clerk of a circuit court shall distribute monthly to the county
1687	1687	26 auditor the following:
1688	1688	27 (1) One hundred percent (100%) of the support and maintenance
1689	1689	28 fees for cases designated as non-Title IV-D child support cases in
1690	1690	29 the Indiana support enforcement tracking system (ISETS) or the
1691	1691	30 successor statewide automated support enforcement system
1692	1692	31 collected under IC 33-37-5-6.
1693	1693	32 (2) The percentage share of the support and maintenance fees for
1694	1694	33 cases designated as Title IV-D child support cases in ISETS or the
1695	1695	34 successor statewide automated support enforcement system
1696	1696	35 collected under IC 33-37-5-6 that is reimbursable to the county at
1697	1697	36 the federal financial participation rate.
1698	1698	37 The county clerk shall distribute monthly to the department of child
1699	1699	38 services the percentage share of the support and maintenance fees for
1700	1700	39 cases designated as Title IV-D child support cases in ISETS, or the
1701	1701	40 successor statewide automated support enforcement system, collected
1702	1702	41 under IC 33-37-5-6 that is not reimbursable to the county at the
1703	1703	42 applicable federal financial participation rate.
1704	1704	2022 IN 340—LS 6954/DI 119 39
1705	1705	1 (g) The clerk of a circuit court shall distribute monthly to the county
1706	1706	2 auditor the following:
1707	1707	3 (1) One hundred percent (100%) of the small claims service fee
1708	1708	4 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
1709	1709	5 the county general fund.
1710	1710	6 (2) One hundred percent (100%) of the small claims garnishee
1711	1711	7 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
1712	1712	8 deposit in the county general fund.
1713	1713	9 (3) Twenty-five percent (25%) of the safe schools fee collected
1714	1714	10 under IC 33-37-5-18 for deposit in the county general fund.
1715	1715	11 (h) This subsection does not apply to court administration fees
1716	1716	12 collected in small claims actions filed in a court described in IC 33-34.
1717	1717	13 The clerk of a circuit court shall semiannually distribute to the auditor
1718	1718	14 of state for deposit in the state general fund one hundred percent
1719	1719	15 (100%) of the following:
1720	1720	16 (1) The public defense administration fee collected under
1721	1721	17 IC 33-37-5-21.2.
1722	1722	18 (2) The judicial salaries fees collected under IC 33-37-5-26.
1723	1723	19 (3) The DNA sample processing fees collected under
1724	1724	20 IC 33-37-5-26.2.
1725	1725	21 (4) The court administration fees collected under IC 33-37-5-27.
1726	1726	22 (5) The judicial insurance adjustment fee collected under
1727	1727	23 IC 33-37-5-25.
1728	1728	24 (i) The proceeds of the service fee collected under
1729	1729	25 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
1730	1730	26 follows:
1731	1731	27 (1) The clerk shall distribute one hundred percent (100%) of the
1732	1732	28 service fees collected in a circuit, superior, county, or probate
1733	1733	29 court to the county auditor for deposit in the county general fund.
1734	1734	30 (2) The clerk shall distribute one hundred percent (100%) of the
1735	1735	31 service fees collected in a city or town court to the city or town
1736	1736	32 fiscal officer for deposit in the city or town general fund.
1737	1737	33 (j) The proceeds of the garnishee service fee collected under
1738	1738	34 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
1739	1739	35 follows:
1740	1740	36 (1) The clerk shall distribute one hundred percent (100%) of the
1741	1741	37 garnishee service fees collected in a circuit, superior, county, or
1742	1742	38 probate court to the county auditor for deposit in the county
1743	1743	39 general fund.
1744	1744	40 (2) The clerk shall distribute one hundred percent (100%) of the
1745	1745	41 garnishee service fees collected in a city or town court to the city
1746	1746	42 or town fiscal officer for deposit in the city or town general fund.
1747	1747	2022 IN 340—LS 6954/DI 119 40
1748	1748	1 (k) The clerk of the circuit court shall distribute semiannually to the
1749	1749	2 auditor of state for deposit in the home ownership education account
1750	1750	3 established by IC 5-20-1-27 one hundred percent (100%) of the
1751	1751	4 following:
1752	1752	5 (1) The mortgage foreclosure counseling and education fees
1753	1753	6 collected under IC 33-37-5-33 (before its expiration on July 1,
1754	1754	7 2017).
1755	1755	8 (2) Any civil penalties imposed and collected by a court for a
1756	1756	9 violation of a court order in a foreclosure action under
1757	1757	10 IC 32-30-10.5.
1758	1758	11 (l) The clerk of a circuit court shall distribute semiannually to the
1759	1759	12 auditor of state one hundred percent (100%) of the pro bono legal
1760	1760	13 services fees collected before July 1, 2022, under IC 33-37-5-31. The
1761	1761	14 auditor of state shall transfer semiannually the pro bono legal services
1762	1762	15 fees to the Indiana Bar Foundation (or a successor entity) as the entity
1763	1763	16 designated to organize and administer the interest on lawyers trust
1764	1764	17 accounts (IOLTA) program under Rule 1.15 of the Rules of
1765	1765	18 Professional Conduct of the Indiana supreme court. The Indiana Bar
1766	1766	19 Foundation shall:
1767	1767	20 (1) deposit in an appropriate account and otherwise manage the
1768	1768	21 fees the Indiana Bar Foundation receives under this subsection in
1769	1769	22 the same manner the Indiana Bar Foundation deposits and
1770	1770	23 manages the net earnings the Indiana Bar Foundation receives
1771	1771	24 from IOLTA accounts; and
1772	1772	25 (2) use the fees the Indiana Bar Foundation receives under this
1773	1773	26 subsection to assist or establish approved pro bono legal services
1774	1774	27 programs.
1775	1775	28 The handling and expenditure of the pro bono legal services fees
1776	1776	29 received under this section by the Indiana Bar Foundation (or its
1777	1777	30 successor entity) are subject to audit by the state board of accounts. The
1778	1778	31 amounts necessary to make the transfers required by this subsection are
1779	1779	32 appropriated from the state general fund.
1780	1780	33 SECTION 44. IC 33-37-7-4 IS AMENDED TO READ AS
1781	1781	34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The clerk of a
1782	1782	35 circuit court shall forward the county share of fees collected to the
1783	1783	36 county auditor in accordance with IC 33-37-7-12(a). The auditor shall
1784	1784	37 retain as the county share twenty-seven percent (27%) of the amount
1785	1785	38 of fees collected under the following:
1786	1786	39 (1) IC 33-37-4-1(a) (criminal costs fees).
1787	1787	40 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
1788	1788	41 (3) IC 33-37-4-3(a) (juvenile costs fees).
1789	1789	42 (4) (3) IC 33-37-4-4(a) (civil costs fees).
1790	1790	2022 IN 340—LS 6954/DI 119 41
1791	1791	1 (5) (4) IC 33-37-4-6(a)(1) (small claims costs fees).
1792	1792	2 (6) (5) IC 33-37-4-7(a) (probate costs fees).
1793	1793	3 (7) (6) IC 33-37-5-17 (deferred prosecution fees).
1794	1794	4 (b) This section applies after June 30, 2005.
1795	1795	5 SECTION 45. IC 33-37-7-6, AS AMENDED BY P.L.201-2011,
1796	1796	6 SECTION 102, IS AMENDED TO READ AS FOLLOWS
1797	1797	7 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) The qualified municipality
1798	1798	8 share to be distributed to each city and town maintaining a law
1799	1799	9 enforcement agency that prosecutes at least fifty percent (50%) of the
1800	1800	10 city's or town's ordinance violations in a circuit or superior court
1801	1801	11 located in the county is three percent (3%) of the amount of fees
1802	1802	12 collected under the following:
1803	1803	13 (1) IC 33-37-4-1(a) (criminal costs fees).
1804	1804	14 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
1805	1805	15 (3) IC 33-37-4-3(a) (juvenile costs fees).
1806	1806	16 (4) (3) IC 33-37-4-4(a) (civil costs fees).
1807	1807	17 (5) (4) IC 33-37-4-6(a)(1) (small claims costs fees).
1808	1808	18 (6) (5) IC 33-37-4-7(a) (probate costs fees).
1809	1809	19 (7) (6) IC 33-37-5-17 (deferred prosecution fees).
1810	1810	20 (b) The county auditor shall determine the amount to be distributed
1811	1811	21 to each city and town qualified under subsection (a) as follows:
1812	1812	22 STEP ONE: Determine the population of the qualified city or
1813	1813	23 town.
1814	1814	24 STEP TWO: Add the populations of all qualified cities and towns
1815	1815	25 determined under STEP ONE.
1816	1816	26 STEP THREE: Divide the population of each qualified city and
1817	1817	27 town by the sum determined under STEP TWO.
1818	1818	28 STEP FOUR: Multiply the result determined under STEP THREE
1819	1819	29 for each qualified city and town by the amount of the qualified
1820	1820	30 municipality share.
1821	1821	31 (c) The county auditor shall distribute semiannually to each city and
1822	1822	32 town described in subsection (a) the amount computed for that city or
1823	1823	33 town under STEP FOUR of subsection (b).
1824	1824	34 (d) This section applies after June 30, 2005.
1825	1825	35 SECTION 46. IC 33-37-7-8, AS AMENDED BY P.L.165-2021,
1826	1826	36 SECTION 194, IS AMENDED TO READ AS FOLLOWS
1827	1827	37 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The clerk of a city or town
1828	1828	38 court shall distribute semiannually to the auditor of state as the state
1829	1829	39 share for deposit in the homeowner protection unit account established
1830	1830	40 by IC 4-6-12-9 one hundred percent (100%) of the automated record
1831	1831	41 keeping fees collected under IC 33-37-5-21 with respect to actions
1832	1832	42 resulting in the accused person entering into a pretrial diversion
1833	1833	2022 IN 340—LS 6954/DI 119 42
1834	1834	1 program agreement under IC 33-39-1-8 or a deferral program
1835	1835	2 agreement under IC 34-28-5-1 and for deposit in the state general fund
1836	1836	3 fifty-five percent (55%) of the amount of fees collected under the
1837	1837	4 following:
1838	1838	5 (1) IC 33-37-4-1(a) (criminal costs fees).
1839	1839	6 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
1840	1840	7 (3) IC 33-37-4-4(a) (civil costs fees).
1841	1841	8 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
1842	1842	9 (5) IC 33-37-5-17 (deferred prosecution fees).
1843	1843	10 (b) The city or town fiscal officer shall distribute monthly to the
1844	1844	11 county auditor as the county share twenty percent (20%) of the amount
1845	1845	12 of fees collected under the following:
1846	1846	13 (1) IC 33-37-4-1(a) (criminal costs fees).
1847	1847	14 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
1848	1848	15 (3) IC 33-37-4-4(a) (civil costs fees).
1849	1849	16 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
1850	1850	17 (5) IC 33-37-5-17 (deferred prosecution fees).
1851	1851	18 (c) The city or town fiscal officer shall retain twenty-five percent
1852	1852	19 (25%) as the city or town share of the fees collected under the
1853	1853	20 following:
1854	1854	21 (1) IC 33-37-4-1(a) (criminal costs fees).
1855	1855	22 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
1856	1856	23 (3) IC 33-37-4-4(a) (civil costs fees).
1857	1857	24 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
1858	1858	25 (5) IC 33-37-5-17 (deferred prosecution fees).
1859	1859	26 (d) The clerk of a city or town court shall distribute semiannually to
1860	1860	27 the auditor of state for deposit in the state user fee fund established in
1861	1861	28 IC 33-37-9 the following:
1862	1862	29 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
1863	1863	30 interdiction, and correction fees collected under
1864	1864	31 IC 33-37-4-1(b)(5).
1865	1865	32 (2) Twenty-five percent (25%) of the alcohol and drug
1866	1866	33 countermeasures fees collected under IC 33-37-4-1(b)(6) and
1867	1867	34 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
1868	1868	35 (3) One hundred percent (100%) of the highway worksite zone
1869	1869	36 fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
1870	1870	37 (4) Seventy-five percent (75%) of the safe schools fee collected
1871	1871	38 under IC 33-37-5-18.
1872	1872	39 (5) One hundred percent (100%) of the automated record keeping
1873	1873	40 fee collected under IC 33-37-5-21 not distributed under
1874	1874	41 subsection (a).
1875	1875	42 (e) The clerk of a city or town court shall distribute monthly to the
1876	1876	2022 IN 340—LS 6954/DI 119 43
1877	1877	1 county auditor the following:
1878	1878	2 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
1879	1879	3 interdiction, and correction fees collected under
1880	1880	4 IC 33-37-4-1(b)(5).
1881	1881	5 (2) Seventy-five percent (75%) of the alcohol and drug
1882	1882	6 countermeasures fees collected under IC 33-37-4-1(b)(6) and
1883	1883	7 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
1884	1884	8 The county auditor shall deposit fees distributed by a clerk under this
1885	1885	9 subsection into the county drug free community fund established under
1886	1886	10 IC 5-2-11.
1887	1887	11 (f) The clerk of a city or town court shall distribute monthly to the
1888	1888	12 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
1889	1889	13 percent (100%) of the following:
1890	1890	14 (1) The late payment fees collected under IC 33-37-5-22.
1891	1891	15 (2) The small claims service fee collected under
1892	1892	16 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
1893	1893	17 (3) The small claims garnishee service fee collected under
1894	1894	18 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
1895	1895	19 (4) Twenty-five percent (25%) of the safe schools fee collected
1896	1896	20 under IC 33-37-5-18.
1897	1897	21 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
1898	1898	22 fees distributed by a clerk under this subsection in the city or town
1899	1899	23 general fund.
1900	1900	24 (g) The clerk of a city or town court shall semiannually distribute to
1901	1901	25 the auditor of state for deposit in the state general fund one hundred
1902	1902	26 percent (100%) of the following:
1903	1903	27 (1) The public defense administration fee collected under
1904	1904	28 IC 33-37-5-21.2.
1905	1905	29 (2) The DNA sample processing fees collected under
1906	1906	30 IC 33-37-5-26.2.
1907	1907	31 (3) The court administration fees collected under IC 33-37-5-27.
1908	1908	32 (4) The judicial insurance adjustment fee collected under
1909	1909	33 IC 33-37-5-25.
1910	1910	34 (h) The clerk of a city or town court shall semiannually distribute to
1911	1911	35 the auditor of state for deposit in the state general fund seventy-five
1912	1912	36 percent (75%) of the judicial salaries fee collected under
1913	1913	37 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
1914	1914	38 percent (25%) of the judicial salaries fee collected under
1915	1915	39 IC 33-37-5-26. The funds retained by the city or town shall be
1916	1916	40 prioritized to fund city or town court operations.
1917	1917	41 (i) The clerk of a city or town court shall distribute semiannually to
1918	1918	42 the auditor of state one hundred percent (100%) of the pro bono legal
1919	1919	2022 IN 340—LS 6954/DI 119 44
1920	1920	1 services fees collected before July 1, 2022, under IC 33-37-5-31. The
1921	1921	2 auditor of state shall transfer semiannually the pro bono legal services
1922	1922	3 fees to the Indiana Bar Foundation (or a successor entity) as the entity
1923	1923	4 designated to organize and administer the interest on lawyers trust
1924	1924	5 accounts (IOLTA) program under Rule 1.15 of the Rules of
1925	1925	6 Professional Conduct of the Indiana supreme court. The Indiana Bar
1926	1926	7 Foundation shall:
1927	1927	8 (1) deposit in an appropriate account and otherwise manage the
1928	1928	9 fees the Indiana Bar Foundation receives under this subsection in
1929	1929	10 the same manner the Indiana Bar Foundation deposits and
1930	1930	11 manages the net earnings the Indiana Bar Foundation receives
1931	1931	12 from IOLTA accounts; and
1932	1932	13 (2) use the fees the Indiana Bar Foundation receives under this
1933	1933	14 subsection to assist or establish approved pro bono legal services
1934	1934	15 programs.
1935	1935	16 The handling and expenditure of the pro bono legal services fees
1936	1936	17 received under this section by the Indiana Bar Foundation (or its
1937	1937	18 successor entity) are subject to audit by the state board of accounts. The
1938	1938	19 amounts necessary to make the transfers required by this subsection are
1939	1939	20 appropriated from the state general fund.
1940	1940	21 SECTION 47. IC 33-37-8-5, AS AMENDED BY P.L.187-2011,
1941	1941	22 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1942	1942	23 JULY 1, 2022]: Sec. 5. (a) A county user fee fund is established in each
1943	1943	24 county to finance various program services. The county fund is
1944	1944	25 administered by the county auditor.
1945	1945	26 (b) The county fund consists of the following fees collected by a
1946	1946	27 clerk under this article: and by the probation department for the
1947	1947	28 juvenile court under IC 31-37-9-9:
1948	1948	29 (1) The pretrial diversion program fee.
1949	1949	30 (2) The informal adjustment program fee.
1950	1950	31 (3) (2) The marijuana eradication program fee.
1951	1951	32 (4) (3) The alcohol and drug services program fee.
1952	1952	33 (5) (4) The law enforcement continuing education program fee.
1953	1953	34 (6) (5) The deferral program fee.
1954	1954	35 (7) (6) The jury fee.
1955	1955	36 (8) (7) The problem solving court fee.
1956	1956	37 (c) All of the jury fee and two dollars ($2) of a deferral program fee
1957	1957	38 collected under IC 33-37-4-2(e) shall be deposited by the county
1958	1958	39 auditor in the jury pay fund established under IC 33-37-11.
1959	1959	40 SECTION 48. IC 33-37-10-3, AS AMENDED BY P.L.41-2014,
1960	1960	41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1961	1961	42 JULY 1, 2022]: Sec. 3. Except as provided in section 3.5 of this
1962	1962	2022 IN 340—LS 6954/DI 119 45
1963	1963	1 chapter, a witness in an action listed in IC 33-37-4-2, IC 33-37-4-3,
1964	1964	2 IC 33-37-4-4, IC 33-37-4-6, and or IC 33-37-4-7 or an action under
1965	1965	3 IC 31-14, IC 31-34, or IC 31-37 is entitled to the sum of the
1966	1966	4 following:
1967	1967	5 (1) An amount for mileage at the mileage rate paid to state
1968	1968	6 officers for each mile necessarily traveled to and from the court.
1969	1969	7 (2) Five dollars ($5) for each day of attendance in court.
1970	1970	8 SECTION 49. IC 33-40-3-6 IS AMENDED TO READ AS
1971	1971	9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) If at any stage of
1972	1972	10 a prosecution for a felony or a misdemeanor the court makes a finding
1973	1973	11 of ability to pay the costs of representation under section 7 of this
1974	1974	12 chapter, the court shall require payment by the person or the person's
1975	1975	13 parent, if the person is a child alleged to be a delinquent child, of the
1976	1976	14 following costs in addition to other costs assessed against the person:
1977	1977	15 (1) Reasonable attorney's fees if an attorney has been appointed
1978	1978	16 for the person by the court.
1979	1979	17 (2) Costs incurred by the county as a result of court appointed
1980	1980	18 legal services rendered to the person.
1981	1981	19 (b) The clerk of the court shall deposit costs collected under this
1982	1982	20 section into the supplemental public defender services fund established
1983	1983	21 under section 1 of this chapter.
1984	1984	22 (c) A person ordered to pay any part of the costs of representation
1985	1985	23 under subsection (a) has the same rights and protections as those of
1986	1986	24 other judgment debtors under the Constitution of the State of Indiana
1987	1987	25 and under Indiana law.
1988	1988	26 (d) The sum of:
1989	1989	27 (1) the fee collected under IC 35-33-7-6;
1990	1990	28 (2) any amount assessed by the court under this section; and
1991	1991	29 (3) any amount ordered to be paid under IC 33-37-2-3;
1992	1992	30 may not exceed the cost of defense services rendered to the person.
1993	1993	31 SECTION 50. IC 33-40-3-7 IS AMENDED TO READ AS
1994	1994	32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If a defendant or
1995	1995	33 a child alleged to be a delinquent child is receiving publicly paid
1996	1996	34 representation, the court shall consider:
1997	1997	35 (1) the person's independently held assets and assets available to
1998	1998	36 the spouse of the person; or the person's parent if the person is
1999	1999	37 unemancipated;
2000	2000	38 (2) the person's income;
2001	2001	39 (3) the person's liabilities; and
2002	2002	40 (4) the extent of the burden that payment of costs assessed under
2003	2003	41 section 6 of this chapter would impose on the person and the
2004	2004	42 dependents of the person.
2005	2005	2022 IN 340—LS 6954/DI 119 46
2006	2006	1 (b) If, after considering the factors described in subsection (a), the
2007	2007	2 court determines that the person is able to pay the costs of
2008	2008	3 representation, the court shall enter a finding that the person is able to
2009	2009	4 pay those additional costs.
2010	2010	5 SECTION 51. IC 35-38-1-17.1 IS ADDED TO THE INDIANA
2011	2011	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
2012	2012	7 [EFFECTIVE JULY 1, 2022]: Sec. 17.1. (a) Notwithstanding any
2013	2013	8 other law to the contrary, a person convicted of an offense
2014	2014	9 committed by the person when the person was less than eighteen
2015	2015	10 (18) years of age may, not less than fifteen (15) years after the date
2016	2016	11 of the conviction, petition a court under this section for
2017	2017	12 modification of the person's sentence for the offense.
2018	2018	13 (b) If a petition under subsection (a) contains a verified
2019	2019	14 statement that the petitioner is indigent and desires the
2020	2020	15 appointment of counsel for purposes of the petitioner's request for
2021	2021	16 sentence modification, the court shall appoint counsel to represent
2022	2022	17 the petitioner in seeking the sentence modification.
2023	2023	18 (c) A court with which a petition under subsection (a) is filed
2024	2024	19 shall transmit a copy of the petition to the prosecuting attorney.
2025	2025	20 The prosecuting attorney shall, not later than thirty (30) days after
2026	2026	21 receiving the petition, send notice of:
2027	2027	22 (1) the filing of the petition; and
2028	2028	23 (2) the rights of victims under Article 1, Section 13 of the
2029	2029	24 Constitution of the State of Indiana and IC 35-40;
2030	2030	25 to any victims of the offense for which the petitioner is seeking
2031	2031	26 sentence modification.
2032	2032	27 (d) The court with which a petition under subsection (a) is filed
2033	2033	28 shall conduct a hearing on the petition not later than ninety (90)
2034	2034	29 days after the petition is filed. At the hearing, the court shall
2035	2035	30 consider the following factors in deciding whether to grant the
2036	2036	31 petition:
2037	2037	32 (1) Whether the petitioner has substantially complied with the
2038	2038	33 rules of the institution in which the petitioner has been
2039	2039	34 confined, taking into consideration the age of the petitioner at
2040	2040	35 the time of any violations of the institution's rules.
2041	2041	36 (2) The nature of the offense and the history and
2042	2042	37 characteristics of the petitioner.
2043	2043	38 (3) Any statement offered by a victim, or representative of a
2044	2044	39 victim, of the offense.
2045	2045	40 (4) Any reports from a physical, mental, or behavioral
2046	2046	41 examination of the petitioner conducted by a health
2047	2047	42 professional.
2048	2048	2022 IN 340—LS 6954/DI 119 47
2049	2049	1 (5) Influences that may have contributed to the petitioner's
2050	2050	2 behavior at the time of the offense, including a history of
2051	2051	3 trauma, neglect, abuse, or involvement in the child welfare
2052	2052	4 system.
2053	2053	5 (6) The role of the petitioner in the offense, and the extent to
2054	2054	6 which the petitioner's commission of the offense was
2055	2055	7 influenced by others.
2056	2056	8 (7) The diminished capacity of a juvenile as compared to an
2057	2057	9 adult, including the inability to fully appreciate risks and
2058	2058	10 consequences at the time of an offense.
2059	2059	11 (8) Any other consideration the court finds relevant.
2060	2060	12 (e) If, based on the court's consideration of the factors described
2061	2061	13 in subsection (d), the court finds that:
2062	2062	14 (1) the petitioner is not a danger to the public; and
2063	2063	15 (2) it is in the interest of justice to reduce or modify the
2064	2064	16 petitioner's sentence;
2065	2065	17 the court shall modify the petitioner's sentence.
2066	2066	18 (f) A court shall issue the court's decision under subsection (e)
2067	2067	19 in a writing that sets forth the basis for the decision, including a
2068	2068	20 brief explanation of the court's reasoning with respect to the
2069	2069	21 factors described in subsection (d).
2070	2070	22 (g) If a court:
2071	2071	23 (1) denies a petition filed under this section; or
2072	2072	24 (2) reduces or modifies the petitioner's sentence in such a
2073	2073	25 manner that the offender remains confined five (5) years after
2074	2074	26 the reduction or modification;
2075	2075	27 the petitioner may file another petition under this section.
2076	2076	28 (h) An individual may file no more than three (3) petitions
2077	2077	29 under this section, not including any amendments made to a
2078	2078	30 petition filed under this section before the court issues an order on
2079	2079	31 the petition.
2080	2080	32 (i) The grant or denial of a petition under this section is a final
2081	2081	33 appealable order.
2082	2082	34 SECTION 52. IC 35-38-2-0.2, AS ADDED BY P.L.220-2011,
2083	2083	35 SECTION 588, IS AMENDED TO READ AS FOLLOWS
2084	2084	36 [EFFECTIVE JULY 1, 2022]: Sec. 0.2. The following statutes, as
2085	2085	37 added or amended by P.L.277-2003, apply only to individuals who are
2086	2086	38 placed on probation after June 30, 2003:
2087	2087	39 (1) IC 31-40-1-1.7(b) (before its repeal).
2088	2088	40 (2) IC 31-40-1-1.7(d) (before its repeal).
2089	2089	41 (3) IC 31-40-2-1(a).
2090	2090	42 (4) IC 31-40-2-1(b).
2091	2091	2022 IN 340—LS 6954/DI 119 48
2092	2092	1 (5) IC 31-40-2-1.5.
2093	2093	2 (6) (3) Section 1(c), 1(d), 1(e), and 1(i) of this chapter.
2094	2094	3 (7) (4) Section 1.5 of this chapter.
2095	2095	4 (8) (5) Section 1.7 of this chapter.
2096	2096	5 SECTION 53. IC 35-50-2-3, AS AMENDED BY P.L.117-2015,
2097	2097	6 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2098	2098	7 JULY 1, 2022]: Sec. 3. (a) A person who commits murder shall be
2099	2099	8 imprisoned for a fixed term of between forty-five (45) and sixty-five
2100	2100	9 (65) years, with the advisory sentence being fifty-five (55) years. In
2101	2101	10 addition, the person may be fined not more than ten thousand dollars
2102	2102	11 ($10,000).
2103	2103	12 (b) Notwithstanding subsection (a), a person who was
2104	2104	13 (1) at least eighteen (18) years of age at the time the murder was
2105	2105	14 committed may be sentenced to:
2106	2106	15 (A) (1) death; or
2107	2107	16 (B) (2) life imprisonment without parole; and
2108	2108	17 (2) at least sixteen (16) years of age but less than eighteen (18)
2109	2109	18 years of age at the time the murder was committed may be
2110	2110	19 sentenced to life imprisonment without parole;
2111	2111	20 under section 9 of this chapter unless a court determines under
2112	2112	21 IC 35-36-9 that the person is an individual with an intellectual
2113	2113	22 disability.
2114	2114	23 SECTION 54. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
2115	2115	24 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2116	2116	25 JULY 1, 2022]: Sec. 9. (a) The state may seek either a death sentence
2117	2117	26 or a sentence of life imprisonment without parole for murder by
2118	2118	27 alleging, on a page separate from the rest of the charging instrument,
2119	2119	28 the existence of at least one (1) of the aggravating circumstances listed
2120	2120	29 in subsection (b). In the sentencing hearing after a person is convicted
2121	2121	30 of murder, the state must prove beyond a reasonable doubt the
2122	2122	31 existence of at least one (1) of the aggravating circumstances alleged.
2123	2123	32 However, the state may not proceed against a defendant under this
2124	2124	33 section if a court determines at a pretrial hearing under IC 35-36-9 that
2125	2125	34 the defendant is an individual with an intellectual disability.
2126	2126	35 (b) The aggravating circumstances are as follows:
2127	2127	36 (1) The defendant committed the murder by intentionally killing
2128	2128	37 the victim while committing or attempting to commit any of the
2129	2129	38 following:
2130	2130	39 (A) Arson (IC 35-43-1-1).
2131	2131	40 (B) Burglary (IC 35-43-2-1).
2132	2132	41 (C) Child molesting (IC 35-42-4-3).
2133	2133	42 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
2134	2134	2022 IN 340—LS 6954/DI 119 49
2135	2135	1 repeal).
2136	2136	2 (E) Kidnapping (IC 35-42-3-2).
2137	2137	3 (F) Rape (IC 35-42-4-1).
2138	2138	4 (G) Robbery (IC 35-42-5-1).
2139	2139	5 (H) Carjacking (IC 35-42-5-2) (before its repeal).
2140	2140	6 (I) Criminal organization activity (IC 35-45-9-3).
2141	2141	7 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
2142	2142	8 (K) Criminal confinement (IC 35-42-3-3).
2143	2143	9 (2) The defendant committed the murder by the unlawful
2144	2144	10 detonation of an explosive with intent to injure a person or
2145	2145	11 damage property.
2146	2146	12 (3) The defendant committed the murder by lying in wait.
2147	2147	13 (4) The defendant who committed the murder was hired to kill.
2148	2148	14 (5) The defendant committed the murder by hiring another person
2149	2149	15 to kill.
2150	2150	16 (6) The victim of the murder was a corrections employee,
2151	2151	17 probation officer, parole officer, community corrections worker,
2152	2152	18 home detention officer, fireman, judge, or law enforcement
2153	2153	19 officer, and either:
2154	2154	20 (A) the victim was acting in the course of duty; or
2155	2155	21 (B) the murder was motivated by an act the victim performed
2156	2156	22 while acting in the course of duty.
2157	2157	23 (7) The defendant has been convicted of another murder.
2158	2158	24 (8) The defendant has committed another murder, at any time,
2159	2159	25 regardless of whether the defendant has been convicted of that
2160	2160	26 other murder.
2161	2161	27 (9) The defendant was:
2162	2162	28 (A) under the custody of the department of correction;
2163	2163	29 (B) under the custody of a county sheriff;
2164	2164	30 (C) on probation after receiving a sentence for the commission
2165	2165	31 of a felony; or
2166	2166	32 (D) on parole;
2167	2167	33 at the time the murder was committed.
2168	2168	34 (10) The defendant dismembered the victim.
2169	2169	35 (11) The defendant:
2170	2170	36 (A) burned, mutilated, or tortured the victim; or
2171	2171	37 (B) decapitated or attempted to decapitate the victim;
2172	2172	38 while the victim was alive.
2173	2173	39 (12) The victim of the murder was less than twelve (12) years of
2174	2174	40 age.
2175	2175	41 (13) The victim was a victim of any of the following offenses for
2176	2176	42 which the defendant was convicted:
2177	2177	2022 IN 340—LS 6954/DI 119 50
2178	2178	1 (A) A battery offense included in IC 35-42-2 committed before
2179	2179	2 July 1, 2014, as a Class D felony or as a Class C felony, or a
2180	2180	3 battery offense included in IC 35-42-2 committed after June
2181	2181	4 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
2182	2182	5 felony, or a Level 3 felony.
2183	2183	6 (B) Kidnapping (IC 35-42-3-2).
2184	2184	7 (C) Criminal confinement (IC 35-42-3-3).
2185	2185	8 (D) A sex crime under IC 35-42-4.
2186	2186	9 (14) The victim of the murder was listed by the state or known by
2187	2187	10 the defendant to be a witness against the defendant and the
2188	2188	11 defendant committed the murder with the intent to prevent the
2189	2189	12 person from testifying.
2190	2190	13 (15) The defendant committed the murder by intentionally
2191	2191	14 discharging a firearm (as defined in IC 35-47-1-5):
2192	2192	15 (A) into an inhabited dwelling; or
2193	2193	16 (B) from a vehicle.
2194	2194	17 (16) The victim of the murder was pregnant and the murder
2195	2195	18 resulted in the intentional killing of a fetus that has attained
2196	2196	19 viability (as defined in IC 16-18-2-365).
2197	2197	20 (17) The defendant knowingly or intentionally:
2198	2198	21 (A) committed the murder:
2199	2199	22 (i) in a building primarily used for an educational purpose;
2200	2200	23 (ii) on school property; and
2201	2201	24 (iii) when students are present; or
2202	2202	25 (B) committed the murder:
2203	2203	26 (i) in a building or other structure owned or rented by a state
2204	2204	27 educational institution or any other public or private
2205	2205	28 postsecondary educational institution and primarily used for
2206	2206	29 an educational purpose; and
2207	2207	30 (ii) at a time when classes are in session.
2208	2208	31 (18) The murder is committed:
2209	2209	32 (A) in a building that is primarily used for religious worship;
2210	2210	33 and
2211	2211	34 (B) at a time when persons are present for religious worship or
2212	2212	35 education.
2213	2213	36 (c) The mitigating circumstances that may be considered under this
2214	2214	37 section are as follows:
2215	2215	38 (1) The defendant has no significant history of prior criminal
2216	2216	39 conduct.
2217	2217	40 (2) The defendant was under the influence of extreme mental or
2218	2218	41 emotional disturbance when the murder was committed.
2219	2219	42 (3) The victim was a participant in or consented to the defendant's
2220	2220	2022 IN 340—LS 6954/DI 119 51
2221	2221	1 conduct.
2222	2222	2 (4) The defendant was an accomplice in a murder committed by
2223	2223	3 another person, and the defendant's participation was relatively
2224	2224	4 minor.
2225	2225	5 (5) The defendant acted under the substantial domination of
2226	2226	6 another person.
2227	2227	7 (6) The defendant's capacity to appreciate the criminality of the
2228	2228	8 defendant's conduct or to conform that conduct to the
2229	2229	9 requirements of law was substantially impaired as a result of
2230	2230	10 mental disease or defect or of intoxication.
2231	2231	11 (7) The defendant was less than eighteen (18) twenty-five (25)
2232	2232	12 years of age at the time the murder was committed.
2233	2233	13 (8) Any other circumstances appropriate for consideration.
2234	2234	14 (d) If the defendant was convicted of murder in a jury trial, the jury
2235	2235	15 shall reconvene for the sentencing hearing. If the trial was to the court,
2236	2236	16 or the judgment was entered on a guilty plea, the court alone shall
2237	2237	17 conduct the sentencing hearing. The jury or the court may consider all
2238	2238	18 the evidence introduced at the trial stage of the proceedings, together
2239	2239	19 with new evidence presented at the sentencing hearing. The court shall
2240	2240	20 instruct the jury concerning the statutory penalties for murder and any
2241	2241	21 other offenses for which the defendant was convicted, the potential for
2242	2242	22 consecutive or concurrent sentencing, and the availability of
2243	2243	23 educational credit, good time credit, and clemency. The court shall
2244	2244	24 instruct the jury that, in order for the jury to recommend to the court
2245	2245	25 that the death penalty or life imprisonment without parole should be
2246	2246	26 imposed, the jury must find at least one (1) aggravating circumstance
2247	2247	27 beyond a reasonable doubt as described in subsection (l) and shall
2248	2248	28 provide a special verdict form for each aggravating circumstance
2249	2249	29 alleged. The defendant may present any additional evidence relevant
2250	2250	30 to:
2251	2251	31 (1) the aggravating circumstances alleged; or
2252	2252	32 (2) any of the mitigating circumstances listed in subsection (c).
2253	2253	33 (e) For a defendant sentenced after June 30, 2002, except as
2254	2254	34 provided by IC 35-36-9, if the hearing is by jury, the jury shall
2255	2255	35 recommend to the court whether the death penalty or life imprisonment
2256	2256	36 without parole, or neither, should be imposed. The jury may
2257	2257	37 recommend:
2258	2258	38 (1) the death penalty; or
2259	2259	39 (2) life imprisonment without parole;
2260	2260	40 only if it makes the findings described in subsection (l). If the jury
2261	2261	41 reaches a sentencing recommendation, the court shall sentence the
2262	2262	42 defendant accordingly. After a court pronounces sentence, a
2263	2263	2022 IN 340—LS 6954/DI 119 52
2264	2264	1 representative of the victim's family and friends may present a
2265	2265	2 statement regarding the impact of the crime on family and friends. The
2266	2266	3 impact statement may be submitted in writing or given orally by the
2267	2267	4 representative. The statement shall be given in the presence of the
2268	2268	5 defendant.
2269	2269	6 (f) If a jury is unable to agree on a sentence recommendation after
2270	2270	7 reasonable deliberations, the court shall discharge the jury and proceed
2271	2271	8 as if the hearing had been to the court alone.
2272	2272	9 (g) If the hearing is to the court alone, except as provided by
2273	2273	10 IC 35-36-9, the court shall:
2274	2274	11 (1) sentence the defendant to death; or
2275	2275	12 (2) impose a term of life imprisonment without parole;
2276	2276	13 only if it makes the findings described in subsection (l).
2277	2277	14 (h) If a court sentences a defendant to death, the court shall order
2278	2278	15 the defendant's execution to be carried out not later than one (1) year
2279	2279	16 and one (1) day after the date the defendant was convicted. The
2280	2280	17 supreme court has exclusive jurisdiction to stay the execution of a
2281	2281	18 death sentence. If the supreme court stays the execution of a death
2282	2282	19 sentence, the supreme court shall order a new date for the defendant's
2283	2283	20 execution.
2284	2284	21 (i) If a person sentenced to death by a court files a petition for
2285	2285	22 post-conviction relief, the court, not later than ninety (90) days after the
2286	2286	23 date the petition is filed, shall set a date to hold a hearing to consider
2287	2287	24 the petition. If a court does not, within the ninety (90) day period, set
2288	2288	25 the date to hold the hearing to consider the petition, the court's failure
2289	2289	26 to set the hearing date is not a basis for additional post-conviction
2290	2290	27 relief. The attorney general shall answer the petition for post-conviction
2291	2291	28 relief on behalf of the state. At the request of the attorney general, a
2292	2292	29 prosecuting attorney shall assist the attorney general. The court shall
2293	2293	30 enter written findings of fact and conclusions of law concerning the
2294	2294	31 petition not later than ninety (90) days after the date the hearing
2295	2295	32 concludes. However, if the court determines that the petition is without
2296	2296	33 merit, the court may dismiss the petition within ninety (90) days
2297	2297	34 without conducting a hearing under this subsection.
2298	2298	35 (j) A death sentence is subject to automatic review by the supreme
2299	2299	36 court. The review, which shall be heard under rules adopted by the
2300	2300	37 supreme court, shall be given priority over all other cases. The supreme
2301	2301	38 court's review must take into consideration all claims that the:
2302	2302	39 (1) conviction or sentence was in violation of the:
2303	2303	40 (A) Constitution of the State of Indiana; or
2304	2304	41 (B) Constitution of the United States;
2305	2305	42 (2) sentencing court was without jurisdiction to impose a
2306	2306	2022 IN 340—LS 6954/DI 119 53
2307	2307	1 sentence; and
2308	2308	2 (3) sentence:
2309	2309	3 (A) exceeds the maximum sentence authorized by law; or
2310	2310	4 (B) is otherwise erroneous.
2311	2311	5 If the supreme court cannot complete its review by the date set by the
2312	2312	6 sentencing court for the defendant's execution under subsection (h), the
2313	2313	7 supreme court shall stay the execution of the death sentence and set a
2314	2314	8 new date to carry out the defendant's execution.
2315	2315	9 (k) A person who has been sentenced to death and who has
2316	2316	10 completed state post-conviction review proceedings may file a written
2317	2317	11 petition with the supreme court seeking to present new evidence
2318	2318	12 challenging the person's guilt or the appropriateness of the death
2319	2319	13 sentence if the person serves notice on the attorney general. The
2320	2320	14 supreme court shall determine, with or without a hearing, whether the
2321	2321	15 person has presented previously undiscovered evidence that
2322	2322	16 undermines confidence in the conviction or the death sentence. If
2323	2323	17 necessary, the supreme court may remand the case to the trial court for
2324	2324	18 an evidentiary hearing to consider the new evidence and its effect on
2325	2325	19 the person's conviction and death sentence. The supreme court may not
2326	2326	20 make a determination in the person's favor nor make a decision to
2327	2327	21 remand the case to the trial court for an evidentiary hearing without
2328	2328	22 first providing the attorney general with an opportunity to be heard on
2329	2329	23 the matter.
2330	2330	24 (l) Before a sentence may be imposed under this section, the jury,
2331	2331	25 in a proceeding under subsection (e), or the court, in a proceeding
2332	2332	26 under subsection (g), must find that:
2333	2333	27 (1) the state has proved beyond a reasonable doubt that at least
2334	2334	28 one (1) of the aggravating circumstances listed in subsection (b)
2335	2335	29 exists; and
2336	2336	30 (2) any mitigating circumstances that exist are outweighed by the
2337	2337	31 aggravating circumstance or circumstances.
2338	2338	32 SECTION 55. IC 35-50-2-17, AS ADDED BY P.L.104-2013,
2339	2339	33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2340	2340	34 JULY 1, 2022]: Sec. 17. Notwithstanding any other provision of this
2341	2341	35 chapter, if
2342	2342	36 (1) an offender is:
2343	2343	37 (A) (1) less than eighteen (18) years of age;
2344	2344	38 (B) (2) waived to a court with criminal jurisdiction under
2345	2345	39 IC 31-30-3 because the offender committed an act that would be
2346	2346	40 a felony if committed by an adult; and
2347	2347	41 (C) (3) convicted of committing the felony or enters a plea of
2348	2348	42 guilty to committing the felony; or
2349	2349	2022 IN 340—LS 6954/DI 119 54
2350	2350	1 (2) an offender is:
2351	2351	2 (A) less than eighteen (18) years of age;
2352	2352	3 (B) charged with a felony over which a juvenile court does not
2353	2353	4 have jurisdiction under IC 31-30-1-4; and
2354	2354	5 (C) convicted of committing the felony by a court with
2355	2355	6 criminal jurisdiction or enters a plea of guilty to committing
2356	2356	7 the felony with the court;
2357	2357	8 the court may impose a sentence upon the conviction of the offender
2358	2358	9 under IC 31-30-4 concerning sentencing alternatives for certain
2359	2359	10 offenders under criminal court jurisdiction.
2360	2360	11 SECTION 56. IC 36-2-16.5-6, AS ADDED BY P.L.220-2011,
2361	2361	12 SECTION 646, IS AMENDED TO READ AS FOLLOWS
2362	2362	13 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) Except as provided in
2363	2363	14 subsection (b), the administrative fees deposited into:
2364	2364	15 (1) the county supplemental juvenile probation services fund
2365	2365	16 under IC 31-40-2-1;
2366	2366	17 (2) (1) the county supplemental adult probation services fund
2367	2367	18 under IC 35-38-2-1(f); and
2368	2368	19 (3) (2) the local supplemental adult probation services fund under
2369	2369	20 IC 35-38-2-1(g);
2370	2370	21 shall be used to pay for salary increases required under the salary
2371	2371	22 schedule adopted under this chapter and IC 11-13-1-8 that became
2372	2372	23 effective January 1, 2004.
2373	2373	24 (b) Administrative fees collected that exceed the amount required
2374	2374	25 to pay for salary increases required under the salary schedule adopted
2375	2375	26 under this chapter and IC 11-13-1-8 may be used in any manner
2376	2376	27 permitted under IC 31-40-2-2, IC 35-38-2-1(f), or IC 35-38-2-1(j).
2377	2377	28 SECTION 57. [EFFECTIVE JULY 1, 2022] (a) The legislative
2378	2378	29 council is urged to assign to an appropriate interim study
2379	2379	30 committee for study during the 2022 legislative interim the topic of
2380	2380	31 collection and distribution of court cost fees under IC 33-37,
2381	2381	32 including the following:
2382	2382	33 (1) The distribution of fees from circuit, superior, municipal,
2383	2383	34 and probate courts under IC 33-37-7-2, IC 33-37-7-4, and
2384	2384	35 IC 33-37-7-6, all as amended by this act.
2385	2385	36 (2) The distribution of fees from city and town courts
2386	2386	37 according to IC 33-37-7-8, as amended by this act.
2387	2387	38 (3) The amount distributed to the treasurer of state under
2388	2388	39 IC 33-37-7-9.
2389	2389	40 (4) The effect of eliminating or consolidating certain court
2390	2390	41 cost fees for indigent defendants.
2391	2391	42 (5) The fiscal effect of replacing certain court cost fees with an
2392	2392	2022 IN 340—LS 6954/DI 119 55
2393	2393	1 appropriation from the state general fund or other sources of
2394	2394	2 funding.
2395	2395	3 (b) This SECTION expires December 31, 2022.
2396	2396	4 SECTION 58. [EFFECTIVE JUNE 30, 2022] (a) Any balance
2397	2397	5 remaining on June 30, 2022, in the division of youth services
2398	2398	6 transitional fund established by IC 11-10-2-11, before its repeal by
2399	2399	7 this act, shall be transferred to the state general fund on June 30,
2400	2400	8 2022.
2401	2401	9 (b) This SECTION expires August 1, 2022.
2402	2402	10 SECTION 59. An emergency is declared for this act.
2403	2403	2022 IN 340—LS 6954/DI 119