Introduced Version
SENATE BILL No. 340
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-2; IC 11-10-2-11; IC 11-13-4.5-4; IC 31-30;
IC 31-30.5-1-6; IC 31-31; IC 31-37; IC 31-39; IC 31-40;
IC 33-23-16-23.5; IC 33-24-6-4; IC 33-37; IC 33-40-3; IC 35-38;
IC 35-50-2; IC 36-2-16.5-6.
Synopsis: Juvenile law matters. Repeals provisions providing that
juvenile courts do not have jurisdiction over juveniles charged with
certain offenses. Repeals provisions: (1) imposing various juvenile
court fees; (2) under which a parent of a delinquent child is required to
pay: (A) an application fee for transfer of the child to another state; or
(B) the costs of returning the child to Indiana; under the interstate
compact for juveniles; (3) under which: (A) child support payments;
and (B) state or federal benefits; for a child removed from the child's
home by the department of child services (DCS) are paid or assigned
to DCS for the duration of the child's removal; (4) imposing a fee for
a child's participation in a program of informal adjustment; (5)
requiring parents of a child to pay costs of educational or rehabilitative
services provided for the child while the child is under the supervision
of the probation department; (6) under which a juvenile court may
order a parent of a child adjudicated to be a child in need of services
(CHINS) or adjudicated delinquent to reimburse the county for costs
incurred by the county with respect to services for or placement of the
child; (7) under which a parent of a child: (A) adjudicated to be a
CHINS; (B) adjudicated delinquent; or (C) participating in a program
of informal adjustment; is required to reimburse DCS for the cost of
services provided for the child by DCS; (8) under which a parent of a
(Continued next page)
Effective: June 30, 2022; July 1, 2022.
Breaux
January 11, 2022, read first time and referred to Committee on Corrections and Criminal
Law.
2022 IN 340—LS 6954/DI 119 Digest Continued
delinquent child may be required to reimburse costs of services
provided by the department of correction if the child is made a ward of
the department of correction; (9) imposing a juvenile probation fee;
(10) allowing a juvenile court to require a parent of a child to pay a fee
for the services of a guardian ad litem or court appointed special
advocate appointed for the child; (11) requiring a parent to pay
expenses assessed against the parent's child by a problem solving court;
and (12) requiring a parent to reimburse a county for public defender
services provided to the parent's child; and provides that any
outstanding costs, fees, or other financial obligations, or any warrant
based solely on costs, fees, or other financial obligations, that have
been imposed on a delinquent child or the parent or guardian of a
delinquent child under these repealed provisions are vacated and
unenforceable. Discontinues the collection of a civil filing fee for
paternity actions. Discontinues the division of youth services
transitional services fund. Provides that a statement made during a
custodial interrogation by a juvenile regarding an act allegedly
committed when the juvenile was less than 18 years of age is
inadmissible for purposes of specified criminal or juvenile proceedings
if a law enforcement officer or school resource officer knowingly
communicates to the juvenile: (1) false information regarding evidence
relating to the act; or (2) false or unauthorized statements regarding
penalties for the act or leniency in the imposition of penalties for the
act; during the custodial interrogation. Imposes requirements on
juvenile detention facilities with regard to visitation and contact with
residents of a juvenile detention facility. Provides that commission by
a juvenile of an offense related to unlawful carry of a firearm is a
delinquent act. Provides that commission by a juvenile of: (1) indecent
display by a youth; or (2) an act that would be a misdemeanor if
committed by an adult; under specified circumstances is a delinquent
act. Amends, with respect to provisions allowing public access to
certain juvenile court records and records regarding allegations of
certain delinquent acts: (1) the circumstances under which such records
may be accessed by the public; and (2) the information in the records
that may be accessed; without a court order. Allows an individual
convicted of a crime committed by the individual before the individual
was 18 years of age to petition a court for modification of the
individual's sentence. Eliminates a provision allowing an individual
who is 16 or 17 years of age and found guilty of murder to be sentenced
to life imprisonment without parole. Provides with regard to murder
sentencing that the defendant's commission of the murder when the
defendant was less than 25 years of age (rather than 18 years of age,
under current law) at the time of the murder is a mitigating factor.
Urges the legislative council to assign to an appropriate interim study
committee topics related to court fees, including: (1) distribution of
court fee revenue; and (2) alternatives to the collection of court fees.
2022 IN 340—LS 6954/DI 1192022 IN 340—LS 6954/DI 119 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 340
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-2-6-24, AS AMENDED BY P.L.142-2018,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 24. (a) As used in this section, "criminal code
4 reform" refers to statutory provisions relating to criminal law enacted
5 by P.L.158-2013 and HEA 1006-2014.
6 (b) The institute shall monitor and evaluate criminal code reform as
7 described in this section.
8 (c) The institute shall annually gather data and analyze the impact
9 of criminal code reform on:
10 (1) local units of government;
11 (2) the department of correction; and
12 (3) the office of judicial administration.
13 (d) The institute shall prepare an annual report, in conjunction with
14 the justice reinvestment advisory council (established by
15 IC 33-38-9.5-2), containing the results of its analysis before December
2022 IN 340—LS 6954/DI 119 2
1 1 of each year. The report shall be provided to the governor, the chief
2 justice, and the legislative council. The report provided to the
3 legislative council must be in an electronic format under IC 5-14-6.
4 (e) The report required under this section must:
5 (1) include an analysis of:
6 (A) the effect of criminal code reform on:
7 (i) county jails;
8 (ii) community corrections programs;
9 (iii) probation departments; and
10 (iv) courts;
11 (B) recidivism rates;
12 (C) reentry court programs; and
13 (D) data relevant to the availability and effectiveness of mental
14 health and addiction programs for persons who are at risk of
15 entering the criminal justice system, who are in the criminal
16 justice system, and who have left the criminal justice system;
17 (2) track the number of requests for sentence modification that are
18 set for hearing by the court, including the relief granted by the
19 court, if any. The report must include whether the grant or denial
20 of a request for sentence modification was discretionary or
21 mandatory, and whether the prosecuting attorney opposed the
22 request for sentence modification, agreed to the request for
23 sentence modification, or took no position on the request for
24 sentence modification;
25 (3) track, by age and offense, the number of juveniles under the
26 jurisdiction of an adult court due to
27 (A) lack of jurisdiction under IC 31-30-1-4; or
28 (B) waiver of jurisdiction under IC 31-30-3-2 through
29 IC 31-30-3-6; and
30 (4) track the number of juveniles under the jurisdiction of adult
31 court due to a juvenile court not having jurisdiction of the cases
32 in accordance with IC 31-30-1-4, by:
33 (A) age;
34 (B) sex;
35 (C) race;
36 (D) county of prosecution;
37 (E) offenses charged;
38 (F) convictions received; and
39 (G) sentences received; and
40 (5) (4) track the number of waivers of juvenile court jurisdiction
41 granted under IC 31-30-3-2 through IC 31-30-3-6 by:
42 (A) age;
2022 IN 340—LS 6954/DI 119 3
1 (B) sex;
2 (C) race;
3 (D) charges filed in juvenile court in which a waiver was
4 sought;
5 (E) charges filed in adult court following the waiver of
6 juvenile court jurisdiction;
7 (F) county of prosecution;
8 (G) convictions received; and
9 (H) sentences received.
10 (f) All local units of government and local elected officials,
11 including sheriffs, prosecuting attorneys, judges, and county fiscal
12 bodies, shall cooperate with the institute by providing data as requested
13 by the institute.
14 (g) State agencies, including the department of correction, the
15 Indiana prosecuting attorneys council, the Indiana public defender
16 council, and the office of judicial administration, shall assist the
17 institute by providing requested data in a timely manner.
18 (h) Based on their analysis, the institute and the justice reinvestment
19 advisory council shall include recommendations to improve the
20 criminal justice system in Indiana, with particular emphasis being
21 placed on recommendations that relate to sentencing policies and
22 reform.
23 (i) The institute and the justice reinvestment advisory council shall
24 include research data relevant to their analysis and recommendations
25 in the report.
26 (j) The institute shall:
27 (1) make the data collected under subsection (e)(4) and (e)(5)
28 available to the public in an annual report, by fiscal year, due by
29 October 30 of each year;
30 (2) post the annual report required by subdivision (1) on the
31 institute's Internet web site; and
32 (3) provide a copy of the annual report required by subdivision (1)
33 to the commission on improving the status of children in Indiana
34 established by IC 2-5-36-3.
35 SECTION 2. IC 5-2-8-5, AS AMENDED BY P.L.217-2017,
36 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 5. (a) There is established the state police training
38 fund. The fund consists of amounts collected under IC 33-37-4-1(b)(4)
39 and IC 33-37-4-2(b)(3) and IC 33-37-4-3(b)(4) on behalf of the state
40 police department.
41 (b) If the state police department files a claim under IC 33-37-8-4
42 or IC 33-37-8-6 against a city or town user fee fund or a county user fee
2022 IN 340—LS 6954/DI 119 4
1 fund, the fiscal officer of the city or town or the county auditor shall
2 deposit fees collected under the cause numbers submitted by the state
3 police department into the state police training fund established under
4 this section.
5 (c) Claims against the state police training fund must be submitted
6 in accordance with IC 5-11-10.
7 (d) Money in excess of one hundred dollars ($100) that is
8 unencumbered and remains in the state police training fund for at least
9 one (1) entire calendar year from the date of its deposit shall, at the end
10 of the state's fiscal year, be deposited in the law enforcement academy
11 fund established under IC 5-2-1-13.
12 (e) As used in this subsection, "abuse" has the meaning set forth in
13 section 1(a) of this chapter. As a part of the state police department's
14 in-service training, the department shall provide to each law
15 enforcement officer employed by the department continuing education
16 concerning the following:
17 (1) Duties of a law enforcement officer in enforcing restraining
18 orders, protective orders, temporary injunctions, and permanent
19 injunctions involving abuse.
20 (2) Guidelines for making felony and misdemeanor arrests in
21 cases involving abuse.
22 (3) Techniques for handling incidents of abuse that:
23 (A) minimize the likelihood of injury to the law enforcement
24 officer; and
25 (B) promote the safety of a victim.
26 (4) Information about the nature and extent of the abuse.
27 (5) Information about the legal rights of and remedies available
28 to victims of abuse.
29 (6) How to document and collect evidence in an abuse case.
30 (7) The legal consequences of abuse.
31 (8) The impact on children of law enforcement intervention in
32 abuse cases.
33 (9) Services and facilities available to victims of abuse and
34 abusers.
35 (10) Verification of restraining orders, protective orders,
36 temporary injunctions, and permanent injunctions.
37 (11) Policies concerning arrest or release of suspects in abuse
38 cases.
39 (12) Emergency assistance to victims of abuse and criminal
40 justice options for victims of abuse.
41 (13) Landlord-tenant concerns in abuse cases.
42 (14) The taking of an abused child into protective custody.
2022 IN 340—LS 6954/DI 119 5
1 (15) Assessment of a situation in which a child may be seriously
2 endangered if the child is left in the child's home.
3 (16) Assessment of a situation involving an endangered adult (as
4 defined in IC 12-10-3-2).
5 (17) Response to a sudden, unexpected infant death.
6 The cost of providing continuing education under this subsection shall
7 be paid from money in the state police training fund.
8 SECTION 3. IC 5-2-8-7, AS AMENDED BY P.L.217-2017,
9 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 7. (a) There is established the conservation
11 officers training fund. The department of natural resources shall
12 administer the fund. The fund consists of amounts collected under
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
14 behalf of the department of natural resources.
15 (b) If the department of natural resources files a claim under
16 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
17 county user fee fund, the fiscal officer of the city or town or the county
18 auditor shall deposit fees collected under the cause numbers submitted
19 by the department of natural resources into the conservation officers
20 training fund established under this section.
21 (c) Claims against the conservation officers training fund must be
22 submitted in accordance with IC 5-11-10.
23 (d) Money in excess of one hundred dollars ($100) that is
24 unencumbered and remains in the conservation officers' training fund
25 for at least one (1) entire calendar year from the date of its deposit
26 shall, at the end of the state's fiscal year, be deposited in the law
27 enforcement academy fund established under IC 5-2-1-13.
28 SECTION 4. IC 5-2-8-8, AS AMENDED BY P.L.217-2017,
29 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 8. (a) There is established the alcoholic beverage
31 enforcement officers' training fund. The alcohol and tobacco
32 commission shall administer the fund. The fund consists of amounts
33 collected under IC 33-37-4-1(b)(4) and IC 33-37-4-2(b)(3) and
34 IC 33-37-4-3(b)(4) on behalf of the alcohol and tobacco commission.
35 (b) If the alcohol and tobacco commission files a claim under
36 IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a
37 county user fee fund, the fiscal officer of the city or town or the county
38 auditor shall deposit fees collected under the cause numbers submitted
39 by the alcohol and tobacco commission into the alcoholic beverage
40 enforcement officers' training fund established under this section.
41 (c) Claims against the alcoholic beverage enforcement officers'
42 training fund must be submitted in accordance with IC 5-11-10.
2022 IN 340—LS 6954/DI 119 6
1 (d) Money in excess of one hundred dollars ($100) that is
2 unencumbered and remains in the alcoholic beverage enforcement
3 officers' training fund for at least one (1) entire calendar year from the
4 date of its deposit shall, at the end of the state's fiscal year, be deposited
5 in the law enforcement academy fund established under IC 5-2-1-13.
6 SECTION 5. IC 11-10-2-11 IS REPEALED [EFFECTIVE JULY 1,
7 2022]. Sec. 11. (a) The division of youth services transitional services
8 fund is established for the purposes described in subsection (e). The
9 department shall administer the fund.
10 (b) The fund consists of money collected under IC 31-40-1-3.5.
11 (c) The treasurer of state shall invest the money in the fund not
12 currently needed to meet the obligations of the fund in the same
13 manner as other public money may be invested.
14 (d) Money in the fund at the end of a state fiscal year does not revert
15 to the state general fund.
16 (e) Money in the fund is for the purposes of:
17 (1) augmenting and supplementing the funds appropriated to the
18 department of correction to provide juvenile transitional services
19 to delinquent offenders; and
20 (2) paying collection costs incurred under IC 31-40-1-3.5.
21 SECTION 6. IC 11-13-4.5-4, AS AMENDED BY P.L.161-2018,
22 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 4. (a) Except as provided in subsection (b), an
24 Indiana offender or delinquent child on probation or parole who applies
25 to be transferred out of state under the interstate compact for adult
26 supervision or the interstate compact for juveniles shall pay an
27 application fee of one hundred twenty-five dollars ($125). The
28 application fee shall be used to cover the costs of administering the
29 interstate compact for adult offender supervision and the interstate
30 compact for juveniles.
31 (b) An offender or delinquent child who has been found indigent by
32 a trial court at the time the offender applies to be transferred out of
33 state under the interstate compact for adult supervision or the interstate
34 compact for juveniles may, at the court's discretion, be required to pay
35 a lesser amount of the cost of the application fee under subsection (a).
36 (c) An Indiana offender or delinquent child who is on probation
37 shall pay the application fee to the county probation department.
38 (d) An Indiana offender or delinquent child who is on parole shall
39 pay the application fee to the department of correction.
40 (e) The application fee paid by an Indiana offender or delinquent
41 child who is on probation shall be transferred to the county treasurer.
42 The county treasurer shall deposit fifty percent (50%) of the money
2022 IN 340—LS 6954/DI 119 7
1 collected under this subsection into the county offender transportation
2 fund and shall transmit the remaining fifty percent (50%) of the money
3 collected under this subsection to the Indiana supreme court for deposit
4 in the general fund, to be used to cover the cost of administering the
5 interstate compact for adult offender supervision and the interstate
6 compact for juveniles.
7 (f) The chief administrative officer or designee of the office of
8 judicial administration shall submit a proposed budget for expenditure
9 of the money deposited in the general fund under this section to the
10 budget agency in accordance with IC 4-12-1.
11 (g) The application fee paid by an Indiana offender or delinquent
12 child who is on parole shall be deposited into the general fund to be
13 used to cover the cost of administering the interstate compact for adult
14 offender supervision and the interstate compact for juveniles.
15 (h) The commissioner of the department of correction shall submit
16 a proposed budget for expenditure of the money deposited in the
17 general fund under this section to the budget agency in accordance with
18 IC 4-12-1.
19 (i) The office of judicial administration and the department of
20 correction shall develop a process to ensure that a sex or violent
21 offender who transfers to or out of Indiana under the compact will be
22 registered appropriately.
23 SECTION 7. IC 31-30-1-4 IS REPEALED [EFFECTIVE JULY 1,
24 2022]. Sec. 4. (a) The juvenile court does not have jurisdiction over an
25 individual for an alleged violation of:
26 (1) IC 35-41-5-1(a) (attempted murder);
27 (2) IC 35-42-1-1 (murder);
28 (3) IC 35-42-3-2 (kidnapping);
29 (4) IC 35-42-4-1 (rape);
30 (5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);
31 (6) IC 35-42-5-1 (robbery) if:
32 (A) the robbery was committed while armed with a deadly
33 weapon; or
34 (B) the robbery results in bodily injury or serious bodily
35 injury;
36 (7) IC 35-42-5-2 (carjacking) (before its repeal);
37 (8) IC 35-47-2-1 (carrying a handgun without a license), if
38 charged as a felony;
39 (9) IC 35-47-10 (children and firearms), if charged as a felony; or
40 (10) any offense that may be joined under IC 35-34-1-9(a)(2) with
41 any crime listed in this subsection;
42 if the individual was at least sixteen (16) years of age but less than
2022 IN 340—LS 6954/DI 119 8
1 eighteen (18) years of age at the time of the alleged violation.
2 (b) Once an individual described in subsection (a) has been charged
3 with any offense listed in subsection (a), the court having adult
4 criminal jurisdiction shall retain jurisdiction over the case if the
5 individual pleads guilty to or is convicted of any offense listed in
6 subsection (a)(1) through (a)(9).
7 (c) If:
8 (1) an individual described in subsection (a) is charged with one
9 (1) or more offenses listed in subsection (a);
10 (2) all the charges under subsection (a)(1) through (a)(9) resulted
11 in an acquittal or were dismissed; and
12 (3) the individual pleads guilty to or is convicted of any offense
13 other than an offense listed in subsection (a)(1) through (a)(9);
14 the court having adult criminal jurisdiction may withhold judgment and
15 transfer jurisdiction to the juvenile court for adjudication and
16 disposition. In determining whether to transfer jurisdiction to the
17 juvenile court for adjudication and disposition, the court having adult
18 criminal jurisdiction shall consider whether there are appropriate
19 services available in the juvenile justice system, whether the child is
20 amenable to rehabilitation under the juvenile justice system, and
21 whether it is in the best interests of the safety and welfare of the
22 community that the child be transferred to juvenile court. All orders
23 concerning release conditions remain in effect until a juvenile court
24 detention hearing, which must be held not later than forty-eight (48)
25 hours, excluding Saturdays, Sundays, and legal holidays, after the order
26 of transfer of jurisdiction.
27 SECTION 8. IC 31-30-2-1, AS AMENDED BY P.L.86-2017,
28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsections (b), (c),
30 and (h), (g), the juvenile court's jurisdiction over a delinquent child or
31 a child in need of services and over the child's parent, guardian, or
32 custodian continues until:
33 (1) the child becomes twenty-one (21) years of age, unless the
34 court discharges the child and the child's parent, guardian, or
35 custodian at an earlier time; or
36 (2) guardianship of the child is awarded to the department of
37 correction.
38 (b) The juvenile court may, on its own motion, after guardianship of
39 a child is awarded to the department of correction, reinstate the court's
40 jurisdiction for the purpose of ordering the child's parent, guardian, or
41 custodian to participate in programs operated by or through the
42 department of correction.
2022 IN 340—LS 6954/DI 119 9
1 (c) The juvenile court's jurisdiction over a parent or guardian of the
2 estate of a child under this section continues until the parent or
3 guardian of the estate has satisfied the financial obligation of the parent
4 or guardian of the estate that is imposed under IC 31-40 (or
5 IC 31-6-4-18 before its repeal).
6 (d) Except as provided in subsection (g), (f), the jurisdiction of the
7 juvenile court over a proceeding described in IC 31-30-1-1(10) for a
8 guardianship of the person continues until the earlier of the date that:
9 (1) the juvenile court terminates the guardianship of the person;
10 or
11 (2) the child becomes:
12 (A) nineteen (19) years of age, if a child who is at least
13 eighteen (18) years of age is a full-time student in a secondary
14 school or the equivalent level of vocational or career and
15 technical education; or
16 (B) eighteen (18) years of age, if clause (A) does not apply.
17 If the guardianship of the person continues after the child becomes the
18 age specified in subdivision (2), the juvenile court shall transfer the
19 guardianship of the person proceedings to a court having probate
20 jurisdiction in the county in which the guardian of the person resides.
21 If the juvenile court has both juvenile and probate jurisdiction, the
22 juvenile court may transfer the guardianship of the person proceedings
23 to the probate docket of the court.
24 (e) The jurisdiction of the juvenile court to enter, modify, or enforce
25 a support order under IC 31-40-1-5 continues during the time that the
26 court retains jurisdiction over a guardianship of the person proceeding
27 described in IC 31-30-1-1(10).
28 (f) (e) At any time, a juvenile court may, with the consent of a
29 probate court, transfer to the probate court guardianship of the person
30 proceedings and any related support order initiated in the juvenile
31 court.
32 (g) (f) A juvenile court may retain jurisdiction over an older youth,
33 as defined in IC 31-28-5.8-4, who is a recipient or beneficiary of:
34 (1) kinship guardianship assistance under Title IV-E of the federal
35 Social Security Act (42 U.S.C. 673), as amended; or
36 (2) other financial assistance provided to or for the benefit of a
37 child who:
38 (A) was previously adjudicated as a child in need of services
39 or delinquent child;
40 (B) is a protected person under a legal guardianship if
41 IC 29-3-8-9(f) applies; and
42 (C) is approved for assistance under a rule or published policy
2022 IN 340—LS 6954/DI 119 10
1 of the department.
2 (h) (g) Upon receipt of a motion under IC 31-37-22-11, the juvenile
3 court shall reinstate its jurisdiction to conduct a hearing and issue an
4 appropriate order in accordance with IC 31-37-22-11.
5 SECTION 9. IC 31-30-3-5, AS AMENDED BY P.L.158-2013,
6 SECTION 316, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 5. Except for those cases in which
8 the juvenile court has no jurisdiction in accordance with IC 31-30-1-4,
9 The court shall, upon motion of the prosecuting attorney and after full
10 investigation and hearing, waive jurisdiction if it finds that:
11 (1) the child is charged with an act that, if committed by an adult,
12 would be:
13 (A) a Level 1 felony, Level 2 felony, Level 3 felony, or Level
14 4 felony, except a felony defined by IC 35-48-4;
15 (B) involuntary manslaughter as a Level 5 felony under
16 IC 35-42-1-4; or
17 (C) reckless homicide as a Level 5 felony under IC 35-42-1-5;
18 (2) there is probable cause to believe that the child has committed
19 the act; and
20 (3) the child was at least sixteen (16) years of age when the act
21 charged was allegedly committed;
22 unless it would be in the best interests of the child and of the safety and
23 welfare of the community for the child to remain within the juvenile
24 justice system.
25 SECTION 10. IC 31-30-4-1, AS ADDED BY P.L.104-2013,
26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2022]: Sec. 1. This chapter applies to the following:
28 (1) an offender who:
29 (A) (1) is less than eighteen (18) years of age;
30 (B) (2) has been waived to a court with criminal jurisdiction
31 under IC 31-30-3; and
32 (C) (3) is charged as an adult offender.
33 (2) An offender who:
34 (A) is less than eighteen (18) years of age; and
35 (B) does not come under the jurisdiction of a juvenile court
36 because the offender is charged with an offense listed in
37 IC 31-30-1-4.
38 SECTION 11. IC 31-30-4-2, AS AMENDED BY P.L.168-2014,
39 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 2. (a) Subject to subsection (c), if
41 (1) an offender is:
42 (A) (1) less than eighteen (18) years of age;
2022 IN 340—LS 6954/DI 119 11
1 (B) (2) waived to a court with criminal jurisdiction under
2 IC 31-30-3 because the offender committed an act that would be
3 a felony if committed by an adult; and
4 (C) (3) convicted of committing the felony or enters a plea of
5 guilty to committing the felony; or
6 (2) an offender is:
7 (A) less than eighteen (18) years of age;
8 (B) charged with a felony over which a juvenile court does not
9 have jurisdiction under IC 31-30-1-4; and
10 (C) convicted of committing the felony by a court with
11 criminal jurisdiction or enters a plea of guilty to committing
12 the felony with the court;
13 the court may, upon its own motion, a motion of the prosecuting
14 attorney, or a motion of the offender's legal representative, impose a
15 sentence upon the conviction of the offender under this chapter.
16 (b) If a court elects to impose a sentence upon conviction of an
17 offender under subsection (a) and, before the offender is sentenced, the
18 department of correction determines that there is space available for the
19 offender in a juvenile facility of the division of youth services of the
20 department, the sentencing court may:
21 (1) impose an appropriate criminal sentence on the offender under
22 IC 35-50-2;
23 (2) suspend the criminal sentence imposed, notwithstanding
24 IC 35-50-2-2 (before its repeal), IC 35-50-2-2.1, and
25 IC 35-50-2-2.2;
26 (3) order the offender to be placed into the custody of the
27 department of correction to be placed in the juvenile facility of the
28 division of youth services; and
29 (4) provide that the successful completion of the placement of the
30 offender in the juvenile facility is a condition of the suspended
31 criminal sentence.
32 (c) The court may not impose a sentence on an offender under
33 subsection (a) until:
34 (1) the prosecuting attorney has notified the victim of the felony
35 of the possible imposition of a sentence on the offender under this
36 chapter; and
37 (2) either:
38 (A) the probation department of the court has conducted a
39 presentence investigation concerning the offender and reported
40 its findings to the court; or
41 (B) the department of correction has conducted a diagnostic
42 evaluation of the offender and reported its findings to the
2022 IN 340—LS 6954/DI 119 12
1 court.
2 SECTION 12. IC 31-30-4-5, AS AMENDED BY P.L.168-2014,
3 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 5. (a) At the request of a sentencing court, the
5 department of correction shall provide a progress report to the
6 sentencing court concerning an offender sentenced and placed in a
7 juvenile facility under section 2(b) of this chapter. When the offender
8 becomes eighteen (18) years of age:
9 (1) the department shall notify the sentencing court; and
10 (2) the sentencing court shall hold a review hearing concerning
11 the offender before the offender becomes nineteen (19) years of
12 age.
13 (b) Except as provided in subsection (c), After a hearing conducted
14 under subsection (a), the sentencing court may:
15 (1) continue the offender's placement in a juvenile facility until
16 the objectives of the sentence imposed on the offender have been
17 met, if the sentencing court finds that the objectives of the
18 sentence imposed on the offender have not been met;
19 (2) discharge the offender if the sentencing court finds that the
20 objectives of the sentence imposed on the offender have been
21 met;
22 (3) order execution of all or part of the offender's suspended
23 criminal sentence in an adult facility of the department of
24 correction; or
25 (4) place the offender:
26 (A) in home detention under IC 35-38-2.5;
27 (B) in a community corrections program under IC 35-38-2.6;
28 (C) on probation under IC 35-50-7; or
29 (D) in any other appropriate alternative sentencing program.
30 (c) This subsection applies to an offender over whom a juvenile
31 court lacks jurisdiction under IC 31-30-1-4 who is convicted of one (1)
32 or more of the following offenses:
33 (1) Murder (IC 35-42-1-1).
34 (2) Attempted murder (IC 35-41-5-1).
35 (3) Kidnapping (IC 35-42-3-2).
36 (4) Rape as a Class A felony (for a crime committed before July
37 1, 2014) or a Level 1 felony (for a crime committed after June 30,
38 2014) (IC 35-42-4-1(b)).
39 (5) Criminal deviate conduct as a Class A felony (IC
40 35-42-4-2(b)) (before its repeal).
41 (6) Robbery as a Class A felony (for a crime committed before
42 July 1, 2014) or a Level 2 felony (for a crime committed after
2022 IN 340—LS 6954/DI 119 13
1 June 30, 2014) (IC 35-42-5-1), if:
2 (A) the offense was committed while armed with a deadly
3 weapon; and
4 (B) the offense resulted in bodily injury to any person other
5 than a defendant.
6 The court may not modify the original sentence of an offender to whom
7 this subsection applies if the prosecuting attorney objects in writing to
8 the modification. The prosecuting attorney shall set forth in writing the
9 prosecuting attorney's reasons for objecting to the sentence
10 modification.
11 SECTION 13. IC 31-30.5-1-6 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 6. A statement that is made by a
14 juvenile:
15 (1) with regard to an act:
16 (A) that was allegedly committed by the juvenile when the
17 juvenile was less than eighteen (18) years of age; and
18 (B) that:
19 (i) would be a felony or misdemeanor offense if
20 committed by an adult; or
21 (ii) is an offense under IC 35-45-4-6 or IC 35-47-10-5;
22 and
23 (2) as a result of a custodial interrogation of the juvenile
24 during which a law enforcement officer or school resource
25 officer knowingly communicates to the juvenile:
26 (A) false information regarding evidence relating to the
27 act; or
28 (B) false or unauthorized statements regarding:
29 (i) penalties for the act; or
30 (ii) leniency in the imposition of penalties for the act;
31 is inadmissible in a criminal or juvenile court proceeding regarding
32 the act.
33 SECTION 14. IC 31-31-2-1 IS REPEALED [EFFECTIVE JULY 1,
34 2022]. Sec. 1. The fees in juvenile court proceedings are set under
35 IC 33-37-4-3.
36 SECTION 15. IC 31-31-2-3 IS AMENDED TO READ AS
37 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. Except as provided
38 in sections 1 and section 2 of this chapter, no other costs may be
39 charged to any person in any proceeding in the juvenile court.
40 SECTION 16. IC 31-31-8-7 IS ADDED TO THE INDIANA CODE
41 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
42 1, 2022]: Sec. 7. (a) A juvenile detention facility shall comply with
2022 IN 340—LS 6954/DI 119 14
1 the following with respect to residents of the detention facility:
2 (1) A juvenile detention facility shall offer a resident in
3 person, contact visitation with:
4 (A) the resident's parent, guardian, or custodian;
5 (B) another adult who:
6 (i) has a supportive relationship with the resident; and
7 (ii) has been approved for visitation with the resident by
8 a court; and
9 (C) the resident's own children.
10 (2) A juvenile detention facility shall allow a resident in
11 person, contact visits at least twice weekly, for at least one (1)
12 hour per visit, unless the detention facility determines that
13 extraordinary conditions exist such that in person, contact
14 visitation would place the safety or security of the resident or
15 detention facility staff at risk. If the detention facility
16 determines that in person, contact visitation cannot safely be
17 accommodated, the detention facility shall:
18 (A) document the reasons and circumstances that
19 prompted the detention facility's determination;
20 (B) notify family or visitors of the resident that in person,
21 contact visitation cannot be accommodated; and
22 (C) make reasonable efforts to arrange an alternative to an
23 in person, contact visit, such as remote, audiovisual contact
24 through an electronic device.
25 (3) A juvenile detention facility shall allow a resident to
26 communicate with the resident's parent, guardian, custodian,
27 or own child by a minimum of two (2) free telephone calls
28 each week, the length of which may not be limited to less than
29 ten (10) minutes.
30 (4) A juvenile detention facility shall provide notice to a
31 resident, and the resident's family, of the schedule for:
32 (A) in person, contact visitation with the resident; and
33 (B) the resident's weekly telephone calls or remote visits.
34 (5) A juvenile detention facility shall make reasonable efforts
35 to allow visitation of residents on multiple days of the week,
36 including both weekends and weekdays, and at times that are
37 not limited to regular business hours.
38 (6) A juvenile detention facility:
39 (A) shall supervise visits with residents; but
40 (B) shall not monitor conversations that take place during
41 visits, except upon reasonable suspicion that a crime,
42 escape, or threat to safety or security is likely to occur.
2022 IN 340—LS 6954/DI 119 15
1 (7) A juvenile detention facility shall not revoke or cancel a
2 resident's visitation under this section on the basis of the
3 resident's behavior, unless the resident's behavior interferes
4 with the safe conduct of a visit. If the detention facility
5 determines that a safety risk prevents a visit from occurring,
6 the detention facility shall:
7 (A) document the reasons and circumstances that
8 prompted the detention facility's determination;
9 (B) notify the visitor of the revocation or cancellation of
10 the visit; and
11 (C) make reasonable efforts to reschedule the visit when
12 the detention facility determines that the visit no longer
13 presents a risk to safety.
14 (b) This section provides a minimum standard for visitation of
15 a juvenile resident of a detention facility, and does not limit a
16 detention facility's ability to implement additional visitation
17 opportunities and behavioral incentives.
18 SECTION 17. IC 31-37-1-2, AS AMENDED BY P.L.84-2021,
19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 2. A child commits a delinquent act if, before
21 becoming eighteen (18) years of age, the child commits: an act:
22 (1) an act that would be an offense a felony if committed by an
23 adult;
24 (2) in violation of 35-45-4-6; or
25 (3) (2) in a violation of IC 35-47-10-5;
26 (3) a violation of IC 35-47-2-1; or
27 (4) a violation of IC 35-45-4-6 or an act that would be a
28 misdemeanor if committed by an adult and:
29 (A) the child has also committed a delinquent act that
30 would be a felony if committed by an adult; or
31 (B) the child needs care, treatment, or rehabilitation that:
32 (i) the child is not receiving;
33 (ii) the child is unlikely to accept voluntarily; and
34 (iii) is unlikely to be provided or accepted with the
35 coercive intervention of a court;
36 except an act committed by a person over which the juvenile court
37 lacks jurisdiction under IC 31-30-1.
38 SECTION 18. IC 31-37-9-9 IS REPEALED [EFFECTIVE JULY 1,
39 2022]. Sec. 9. The juvenile court may order each child who participates
40 in a program of informal adjustment or the child's parents to pay an
41 informal adjustment program fee of:
42 (1) at least five dollars ($5); but
2022 IN 340—LS 6954/DI 119 16
1 (2) not more than fifteen dollars ($15);
2 for each month that the child participates in the program instead of the
3 court cost fees prescribed by IC 33-37-4-3.
4 SECTION 19. IC 31-37-9-10 IS REPEALED [EFFECTIVE JULY
5 1, 2022]. Sec. 10. (a) The probation department for the juvenile court
6 shall do the following:
7 (1) Collect the informal adjustment program fee set under section
8 9 of this chapter; and
9 (2) Transfer the collected informal adjustment program fees to the
10 county auditor not later than thirty (30) days after the fees are
11 collected.
12 (b) The county auditor shall deposit the fees in the county user fee
13 fund established by IC 33-37-8-5.
14 SECTION 20. IC 31-37-19-1, AS AMENDED BY P.L.85-2017,
15 SECTION 105, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Subject to section 6.5 of this
17 chapter, if a child is a delinquent child under IC 31-37-2, the juvenile
18 court may enter one (1) or more of the following dispositional decrees:
19 (1) Order supervision of the child by the probation department.
20 (2) Order the child to receive outpatient treatment:
21 (A) at a social service agency or a psychological, a psychiatric,
22 a medical, or an educational facility; or
23 (B) from an individual practitioner.
24 (3) Remove the child from the child's home and place the child in
25 another home or a shelter care facility, child caring institution,
26 group home, or secure private facility. Placement under this
27 subdivision includes authorization to control and discipline the
28 child.
29 (4) Award wardship to a:
30 (A) person, other than the department; or
31 (B) shelter care facility.
32 (5) Partially or completely emancipate the child under section 27
33 of this chapter.
34 (6) Order:
35 (A) the child; or
36 (B) the child's parent, guardian, or custodian;
37 to receive family services.
38 (7) Order a person who is a party to refrain from direct or indirect
39 contact with the child.
40 (b) If the child is removed from the child's home and placed in a
41 foster family home or another facility, the juvenile court shall:
42 (1) approve a permanency plan for the child;
2022 IN 340—LS 6954/DI 119 17
1 (2) find whether or not reasonable efforts were made to prevent
2 or eliminate the need for the removal;
3 (3) designate responsibility for the placement and care of the child
4 with the probation department; and
5 (4) find whether it:
6 (A) serves the best interests of the child to be removed; and
7 (B) would be contrary to the health and welfare of the child for
8 the child to remain in the home.
9 (c) If a dispositional decree under this section:
10 (1) orders or approves removal of a child from the child's home or
11 awards wardship of the child to a:
12 (A) person other than the department; or
13 (B) shelter care facility; and
14 (2) is the first court order in the delinquent child proceeding that
15 authorizes or approves removal of the child from the child's
16 parent, guardian, or custodian;
17 the court shall include in the decree the appropriate findings and
18 conclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).
19 (d) If the juvenile court orders supervision of the child by the
20 probation department under subsection (a)(1), the child or the child's
21 parent, guardian, or custodian is responsible for any costs resulting
22 from the participation in a rehabilitative service or educational class
23 provided by the probation department. Any costs collected for services
24 provided by the probation department shall be deposited in the county
25 supplemental juvenile probation services fund.
26 SECTION 21. IC 31-37-19-5, AS AMENDED BY P.L.147-2012,
27 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 5. (a) This section applies if a child is a delinquent
29 child under IC 31-37-1.
30 (b) The juvenile court may, in addition to an order under section 6
31 of this chapter, enter at least one (1) of the following dispositional
32 decrees:
33 (1) Order supervision of the child by the probation department as
34 a condition of probation under this subdivision. The juvenile court
35 shall after a determination under IC 11-8-8-5 require a child who
36 is adjudicated a delinquent child for an act that would be an
37 offense described in IC 11-8-8-5 if committed by an adult to
38 register with the local law enforcement authority under IC 11-8-8.
39 (2) Order the child to receive outpatient treatment:
40 (A) at a social service agency or a psychological, a psychiatric,
41 a medical, or an educational facility; or
42 (B) from an individual practitioner.
2022 IN 340—LS 6954/DI 119 18
1 (3) Order the child to surrender the child's driver's license to the
2 court for a specified period of time.
3 (4) Order the child to pay restitution if the victim provides
4 reasonable evidence of the victim's loss, which the child may
5 challenge at the dispositional hearing.
6 (5) Partially or completely emancipate the child under section 27
7 of this chapter.
8 (6) Order the child to attend an alcohol and drug services program
9 established under IC 12-23-14.
10 (7) Order the child to perform community restitution or service
11 for a specified period of time.
12 (8) Order wardship of the child as provided in section 9 of this
13 chapter.
14 (c) If the juvenile court orders supervision of the child by the
15 probation department under subsection (b)(1), the child or the child's
16 parent, guardian, or custodian is responsible for any costs resulting
17 from the participation in a rehabilitative service or educational class
18 provided by the probation department. Any costs collected for services
19 or classes provided by the probation department shall be deposited in
20 the county supplemental juvenile probation services fund.
21 SECTION 22. IC 31-39-2-8 IS AMENDED TO READ AS
22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The records of
23 the juvenile court are available without a court order to the public,
24 subject to the restrictions in subsections (b) and (c), whenever a
25 petition has been filed alleging that a child is delinquent as the result
26 of any of the following alleged acts or combination of alleged acts:
27 (1) an act that would be murder or a felony if committed by an
28 adult.
29 (2) An aggregate of two (2) unrelated acts that would be
30 misdemeanors if committed by an adult if the child was at least
31 twelve (12) years of age when the acts were committed.
32 (3) An aggregate of five (5) unrelated acts that would be
33 misdemeanors if committed by an adult if the child was less than
34 twelve (12) years of age when the acts were committed.
35 (b) Only the following information or documents, redacted to
36 protect the child's identity, may be released under this section:
37 (1) The child's name. initials.
38 (2) The child's age.
39 (3) The nature of the offense.
40 (4) Chronological case summaries.
41 (5) Index entries.
42 (6) Summonses.
2022 IN 340—LS 6954/DI 119 19
1 (7) Warrants.
2 (8) Petitions.
3 (9) Orders.
4 (10) Motions, excluding:
5 (A) motions concerning psychological evaluations; and
6 (B) motions concerning child abuse and neglect.
7 (11) Decrees.
8 (12) If the child is adjudicated as a delinquent child for an act or
9 combination of acts described in subsection (a)(1), (a)(2), or
10 (a)(3), the child's photograph.
11 (c) The clerk of the juvenile court shall place all other records of the
12 child alleged to be or adjudicated as a delinquent child in an envelope
13 marked "confidential" inside the court's file pertaining to the child.
14 Records placed in the confidential envelope may only be released to
15 persons who are allowed disclosure under this section or section 2, 3,
16 4, 5, 6, 7 or 10 of this chapter. The identifying information of any child
17 who is a victim or a witness shall remain confidential under this
18 section.
19 SECTION 23. IC 31-39-3-2 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. The following
21 information contained in records involving allegations of delinquency
22 that would be a crime if committed by an adult is considered public
23 information:
24 (1) The nature of the offense allegedly committed and the
25 circumstances immediately surrounding the alleged offense,
26 including the time, location, and property involved.
27 (2) The identity of any victim who is an adult.
28 (3) A description of the method of apprehension.
29 (4) Any instrument of physical force used.
30 (5) The identity of any officers assigned to the investigation,
31 except for the undercover units.
32 (6) The age and sex of any child apprehended or sought for the
33 alleged commission of the offense.
34 (7) The identity of a child, if the child is apprehended or sought
35 for the alleged commission of
36 (A) an offense over which a juvenile court does not have
37 jurisdiction under IC 31-30-1-2. and IC 31-30-1-4; or
38 (B) an act specified under IC 31-30-3-3.
39 SECTION 24. IC 31-40-1-1, AS AMENDED BY P.L.204-2011,
40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 1. This article applies to costs paid by the
42 department the department of correction, and counties under this
2022 IN 340—LS 6954/DI 119 20
1 chapter, including costs resulting from the institutional placement of a
2 child adjudicated a delinquent child or a child in need of services.
3 SECTION 25. IC 31-40-1-2, AS AMENDED BY P.L.48-2012,
4 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2022]: Sec. 2. (a) Except as otherwise provided in this section
6 and subject to:
7 (1) this chapter; and
8 (2) any other provisions of IC 31-34, IC 31-37, or other applicable
9 law relating to the particular program, activity, or service for
10 which payment is made by or through the department;
11 the department shall pay the cost of any child services provided by or
12 through the department for any child or the child's parent, guardian, or
13 custodian.
14 (b) The department shall pay the cost of returning a child under
15 IC 31-37-23 or IC 11-13-4.5-1.5.
16 (c) Except as provided under section 2.5 of this chapter, the
17 department is not responsible for payment of any costs of secure
18 detention.
19 (d) The department is not responsible for the payment of any costs
20 or expenses for child services for a child placed in a child caring
21 institution, a group home, or a private secure facility if the entity does
22 not have an executed contract with the department, unless the child
23 services to be provided by the entity are recommended or approved by
24 the director of the department or the director's designee in writing prior
25 to the placement.
26 (e) The department is not responsible for payment of any costs or
27 expenses for housing or services provided to or for the benefit of a
28 child placed by a juvenile court in a home or facility located outside
29 Indiana, if the placement is not recommended or approved by the
30 director of the department or the director's designee.
31 (f) If a county is responsible for the payment of:
32 (1) any costs or expenses of services for or the placement of a
33 child in need of services; or
34 (2) the costs or expenses of services for or the placement of a
35 delinquent child;
36 the court may order the parents to reimburse the county as set forth in
37 section 3.8 of this chapter.
38 SECTION 26. IC 31-40-1-3 IS REPEALED [EFFECTIVE JULY 1,
39 2022]. Sec. 3. (a) A parent or guardian of the estate of:
40 (1) a child adjudicated a delinquent child or a child in need of
41 services; or
42 (2) a participant in a program of informal adjustment approved by
2022 IN 340—LS 6954/DI 119 21
1 a juvenile court under IC 31-34-8 or IC 31-37-9;
2 is financially responsible as provided in this chapter (or
3 IC 31-6-4-18(e) before its repeal) for any services provided by or
4 through the department.
5 (b) Each person described in subsection (a) shall, before a hearing
6 under subsection (c) concerning payment or reimbursement of costs,
7 furnish the court and the department with an accurately completed and
8 current child support obligation worksheet on the same form that is
9 prescribed by the Indiana supreme court for child support orders.
10 (c) At:
11 (1) a detention hearing;
12 (2) a hearing that is held after the payment of costs by the
13 department under section 2 of this chapter (or IC 31-6-4-18(b)
14 before its repeal);
15 (3) the dispositional hearing; or
16 (4) any other hearing to consider modification of a dispositional
17 decree;
18 the juvenile court shall order the child's parents or the guardian of the
19 child's estate to pay for, or reimburse the department for the cost of
20 services provided to the child or the parent or guardian unless the court
21 makes a specific finding that the parent or guardian is unable to pay or
22 that justice would not be served by ordering payment from the parent
23 or guardian.
24 (d) Any parental reimbursement obligation under this section shall
25 be paid directly to the department and not to the local court clerk so
26 long as the child in need of services case, juvenile delinquency case, or
27 juvenile status offense case is open. The department shall keep track of
28 all payments made by each parent and shall provide a receipt for each
29 payment received. At the end of the child in need of services, juvenile
30 delinquency, or juvenile status action, the department shall provide an
31 accounting of payments received, and the court may consider
32 additional evidence of payment activity and determine the amount of
33 parental reimbursement obligation that remains unpaid. The court shall
34 reduce the unpaid balance to a final judgment that may be enforced in
35 any court having jurisdiction over such matters.
36 (e) After a judgment for unpaid parental reimbursement obligation
37 is rendered, payments made toward satisfaction of the judgment shall
38 be made to the clerk of the court in the county where the enforcement
39 action is filed and shall be promptly forwarded to the department in the
40 same manner as any other judgment payment.
41 SECTION 27. IC 31-40-1-3.5 IS REPEALED [EFFECTIVE JULY
42 1, 2022]. Sec. 3.5. (a) If a juvenile court:
2022 IN 340—LS 6954/DI 119 22
1 (1) adjudicates a child to be a delinquent child; and
2 (2) awards wardship of the child to the department of correction;
3 the juvenile court may conduct a hearing. The juvenile court shall use
4 the Child Support Rules and Guidelines of the Indiana supreme court
5 and the child support obligation worksheet developed by the Indiana
6 supreme court to determine what each parent should pay for the
7 services provided for the child under this section. If the parent
8 participates with the treatment plans developed by the department of
9 correction, the parent or parents are entitled to receive a parenting time
10 credit under the Child Support Rules and Guidelines. The hearing may
11 be conducted before or after the department of correction incurs costs
12 for a child.
13 (b) Each parent shall, before a hearing under subsection (a), furnish
14 the juvenile court and the department of correction with an accurately
15 completed and current child support obligation worksheet on the same
16 form that is prescribed by the Indiana supreme court for child support
17 orders.
18 (c) A juvenile court may not order a parent to pay or reimburse the
19 department of correction if the juvenile court makes a specific finding
20 that the parent is unable to pay or that justice would not be served by
21 ordering payment from the parent.
22 (d) If, after a hearing, the juvenile court orders a parent to pay or
23 reimburse costs, the parent is financially responsible for the costs of
24 treatment services incurred by the department of correction.
25 (e) Any parental reimbursement obligation under this section shall
26 be paid directly to the clerk of the court so long as the juvenile
27 delinquency case is open. The clerk of the court shall keep track of all
28 payments made by each parent and shall provide a receipt for each
29 payment received. At the end of the juvenile delinquency action, the
30 clerk of the court shall provide an accounting of payments received,
31 and the juvenile court may consider additional evidence of payment
32 activity and determine the amount of parental reimbursement
33 obligation that remains unpaid. The juvenile court shall reduce the
34 unpaid balance to a final judgment that may be enforced in any court
35 having jurisdiction over such matters.
36 (f) After a judgment for unpaid parental reimbursement obligation
37 is rendered, payments made toward satisfaction of the judgment shall
38 be made to the clerk of the court in the county where the enforcement
39 action is filed and shall be forwarded promptly to the department of
40 correction in the same manner as any other judgment payment.
41 (g) The department of correction may compromise a claim owed by
42 a parent under this section. The department of correction, after
2022 IN 340—LS 6954/DI 119 23
1 obtaining the advice of the attorney general, may notify the court of a
2 parental reimbursement obligation that is willfully ignored.
3 (h) Upon release from the department of correction, the parental
4 reimbursement obligation payment to the department of correction
5 ends. If there was a child support order for the child adjudicated
6 delinquent, it reverts to the most recent child support order in effect
7 before the child's adjudication. If the child is placed with a person other
8 than a custodial parent, the juvenile court shall establish a new support
9 order for the benefit of the child being released from the department of
10 correction.
11 (i) The department of correction shall deposit money collected
12 under this section in the division of youth services transitional services
13 fund established by IC 11-10-2-11.
14 SECTION 28. IC 31-40-1-3.8 IS REPEALED [EFFECTIVE JULY
15 1, 2022]. Sec. 3.8. (a) If a county is responsible for the payment of:
16 (1) any costs or expenses of services for or the placement of a
17 child in need of services; or
18 (2) the costs or expenses of services for or the placement of a
19 delinquent child under section 2 of this chapter;
20 the juvenile court ordering the services that the county is responsible
21 for may hold a hearing. The juvenile court shall use the Child Support
22 Rules and Guidelines of the Indiana supreme court and the child
23 support obligation worksheet developed by the Indiana supreme court
24 to determine what each parent should pay for the services provided for
25 the child under this section. If the parent participates with the treatment
26 plans developed by the department or court, the parent or parents are
27 entitled to receive a parenting time credit under the Child Support
28 Rules and Guidelines.
29 (b) Each person described in subsection (a) shall, before a hearing
30 under subsection (c) concerning payment or reimbursement of costs,
31 furnish the court with an accurately completed and current child
32 support obligation worksheet on the same form that is prescribed by the
33 Indiana supreme court for child support orders.
34 (c) At:
35 (1) a detention hearing;
36 (2) a hearing that is held after the payment of costs by the county;
37 (3) the dispositional hearing; or
38 (4) any other hearing to consider modification of a dispositional
39 decree;
40 the juvenile court shall order the child's parents to pay for, or reimburse
41 the county for, the cost of services provided to the child or the parent
42 unless the court makes a specific finding that the parent is unable to
2022 IN 340—LS 6954/DI 119 24
1 pay or that justice would not be served by ordering payment from the
2 parent.
3 (d) Any parental reimbursement obligation under this section shall
4 be paid directly to the clerk of the court so long as the child in need of
5 services case, juvenile delinquency case, or juvenile status offense case
6 is open. The clerk of the court shall keep track of all payments made by
7 each parent and shall provide a receipt for each payment received. At
8 the end of the child in need of services, juvenile delinquency, or
9 juvenile status action, the clerk of the court shall provide an accounting
10 of payments received, and the court may consider additional evidence
11 of payment activity and determine the amount of parental
12 reimbursement obligation that remains unpaid. The court shall reduce
13 the unpaid balance to a final judgment that may be enforced in any
14 court having jurisdiction over such matters.
15 (e) After a judgment for unpaid parental reimbursement obligation
16 is rendered, payments made toward satisfaction of the judgment shall
17 be made to the clerk of the court in the county where the enforcement
18 action is filed.
19 (f) The county may collect any money that is owed under this
20 section as provided by IC 36-1-4-17.
21 (g) Upon release from services ordered under this section, the
22 parental reimbursement obligation payment ends. If there was a child
23 support order for the child adjudicated delinquent, it reverts to the most
24 recent child support order in effect before the child's adjudication. If
25 the child is placed with a person other than a custodial parent, the
26 juvenile court shall establish a new support order for the benefit of the
27 child.
28 SECTION 29. IC 31-40-1-4 IS REPEALED [EFFECTIVE JULY 1,
29 2022]. Sec. 4. The parent or guardian of the estate of any child returned
30 to Indiana under the interstate compact on juveniles under IC 31-37-23
31 shall reimburse the department for all costs involved in returning the
32 child that the court orders the parent or guardian to pay under section
33 3 of this chapter (or IC 31-6-4-18(e) before its repeal) whether or not
34 the child has been adjudicated a delinquent child or a child in need of
35 services.
36 SECTION 30. IC 31-40-1-5 IS REPEALED [EFFECTIVE JULY 1,
37 2022]. Sec. 5. (a) This section applies whenever the court approves
38 removal of a child from the home of a child's parent or guardian and the
39 department places the child in a child caring institution, a foster family
40 home, a group home, or the home of a relative of the child that is not
41 a foster family home.
42 (b) If an existing support order is in effect, the juvenile court shall
2022 IN 340—LS 6954/DI 119 25
1 order the support payments to be assigned to the department for the
2 duration of the placement out of the home of the child's parent or
3 guardian. The juvenile court shall notify the court that:
4 (1) entered the existing support order; or
5 (2) had jurisdiction, immediately before the placement, to modify
6 or enforce the existing support order;
7 of the assignment and assumption of jurisdiction by the juvenile court
8 under this section.
9 (c) If an existing support order is not in effect, the court shall do the
10 following:
11 (1) Include in the order for out-of-home placement of the child an
12 assignment to the department or confirmation of an assignment
13 that occurs or is required under applicable federal law, of any
14 rights to support, including support for the cost of any medical
15 care payable by the state under IC 12-15, from any parent or
16 guardian who has a legal obligation to support the child.
17 (2) Order support paid to the department by each of the child's
18 parents or the guardians of the child's estate to be based on child
19 support guidelines adopted by the Indiana supreme court and for
20 the duration of the placement of the child out of the home of the
21 child's parent or guardian, unless:
22 (A) the court finds that entry of an order based on the child
23 support guidelines would be unjust or inappropriate
24 considering the best interests of the child and other necessary
25 obligations of the child's family; or
26 (B) the department does not make foster care maintenance
27 payments to the custodian of the child. For purposes of this
28 clause, "foster care maintenance payments" means any
29 payments for the cost of (in whole or in part) providing food,
30 clothing, shelter, daily supervision, school supplies, a child's
31 personal incidentals, liability insurance with respect to a child,
32 and reasonable amounts for travel to the child's home for
33 visitation. In the case of a child caring institution, the term also
34 includes the reasonable costs of administration and operation
35 of the institution as are necessary to provide the items
36 described in this clause.
37 (3) If the court:
38 (A) does not enter a support order; or
39 (B) enters an order that is not based on the child support
40 guidelines;
41 the court shall make findings as required by 45 CFR 302.56(g).
42 (d) Payments in accordance with a support order assigned under
2022 IN 340—LS 6954/DI 119 26
1 subsection (b) or entered under subsection (c) (or IC 31-6-4-18(f)
2 before its repeal) shall be paid through the:
3 (1) clerk of the circuit court as trustee for remittance to the
4 department; or
5 (2) state central collection unit established in IC 31-25-3-1.
6 (e) The Title IV-D agency shall establish, modify, or enforce a
7 support order assigned or entered by a court under this section in
8 accordance with IC 31-25-3, IC 31-25-4, and 42 U.S.C. 654. The
9 department shall, if requested, assist the Title IV-D agency in
10 performing its duties under this subsection.
11 (f) If the juvenile court terminates placement of a child out of the
12 home of the child's parent or guardian, the court shall:
13 (1) notify the court that:
14 (A) entered a support order assigned to the department under
15 subsection (b); or
16 (B) had jurisdiction, immediately before the placement, to
17 modify or enforce the existing support order;
18 of the termination of jurisdiction of the juvenile court with respect
19 to the support order;
20 (2) terminate a support order entered under subsection (c) that
21 requires payment of support by a custodial parent or guardian of
22 the child, with respect to support obligations that accrue after
23 termination of the placement; or
24 (3) continue in effect, subject to modification or enforcement by
25 a court having jurisdiction over the obligor, a support order
26 entered under subsection (c) that requires payment of support by
27 a noncustodial parent or guardian of the estate of the child.
28 (g) The court may at or after a hearing described in section 3 of this
29 chapter order the child's parent or the guardian of the child's estate to
30 reimburse the department for all or any portion of the expenses for
31 services provided to or for the benefit of the child that are paid by the
32 department during the placement of the child out of the home of the
33 parent or guardian, in addition to amounts reimbursed through
34 payments in accordance with a support order assigned or entered as
35 provided in this section, subject to applicable federal law.
36 SECTION 31. IC 31-40-1-6 IS REPEALED [EFFECTIVE JULY 1,
37 2022]. Sec. 6. (a) The department may contract with any of the
38 following, on terms and conditions with respect to compensation and
39 payment or reimbursement of expenses as the department may
40 determine, for the enforcement and collection of any parental
41 reimbursement obligation established by order entered by the court
42 under section 3 or 5(g) of this chapter:
2022 IN 340—LS 6954/DI 119 27
1 (1) The prosecuting attorney of the county in which the juvenile
2 court that ordered or approved the services is located or in which
3 the obligor resides.
4 (2) An attorney licensed to practice law in Indiana, if the attorney
5 is not an employee of the department.
6 (3) A private collection agency licensed under IC 25-11.
7 (b) A contract entered into under this section is subject to approval
8 under IC 4-13-2-14.1.
9 (c) Any fee payable to a prosecuting attorney under a contract under
10 subsection (a)(1) shall be deposited in the county general fund and
11 credited to a separate account identified as the prosecuting attorney's
12 child services collections account. The prosecuting attorney may
13 expend funds credited to the prosecuting attorney's child services
14 collections account, without appropriation, only for the purpose of
15 supporting and enhancing the functions of the prosecuting attorney in
16 enforcement and collection of parental obligations to reimburse the
17 department.
18 (d) Contracts between a prosecuting attorney, a private attorney, or
19 a collection agency licensed under IC 25-11 and the department:
20 (1) must:
21 (A) be in writing;
22 (B) include:
23 (i) all fees, charges, and costs, including administrative and
24 application fees; and
25 (ii) the right of the department to cancel the contract at any
26 time;
27 (C) require the prosecuting attorney, private attorney, or
28 collection agency, upon the request of the department, to
29 provide the:
30 (i) source of each payment received for a parental
31 reimbursement order;
32 (ii) form of each payment received for a parental
33 reimbursement order; and
34 (iii) amount and percentage that is deducted as a fee or a
35 charge from each payment on the parental reimbursement
36 order; and
37 (D) have a term of not more than four (4) years; and
38 (2) may be negotiable contingency contracts in which a
39 prosecuting attorney, private attorney, or collection agency may
40 not collect a fee that exceeds fifteen percent (15%) of the parental
41 reimbursement collected per case.
42 (e) A prosecuting attorney, private attorney, or collection agency
2022 IN 340—LS 6954/DI 119 28
1 that contracts with the department under this section may, in addition
2 to the collection of the parental reimbursement order, assess and collect
3 from an obligor all fees, charges, costs, and other expenses as provided
4 under the terms of the contract described in subsection (d).
5 SECTION 32. IC 31-40-2-1 IS REPEALED [EFFECTIVE JULY 1,
6 2022]. Sec. 1. (a) Subject to IC 31-40-1-3, a juvenile court may order
7 each delinquent child who receives supervision under IC 31-37-19 or
8 the child's parent, guardian, or custodian to pay to either the probation
9 department or the clerk of the court:
10 (1) an initial probation user's fee of at least twenty-five dollars
11 ($25) but not more than one hundred dollars ($100);
12 (2) a probation user's fee of at least ten dollars ($10) but not more
13 than twenty-five dollars ($25) for each month the child receives
14 supervision; and
15 (3) an administrative fee of one hundred dollars ($100) if the
16 delinquent child is supervised by a juvenile probation officer.
17 (b) If a clerk of a court collects a probation user's fee, the clerk:
18 (1) may keep not more than three percent (3%) of the fee to defray
19 the administrative costs of collecting the fee and shall deposit any
20 fee kept under this subsection in the clerk's record perpetuation
21 fund established under IC 33-37-5-2; and
22 (2) if requested to do so by the county auditor, city fiscal officer,
23 or town fiscal officer under clause (A), (B), or (C), transfer not
24 more than three percent (3%) of the fee to the:
25 (A) county auditor who shall deposit the money transferred
26 under this subdivision into the county general fund;
27 (B) city general fund when requested by the city fiscal officer;
28 or
29 (C) town general fund when requested by the town fiscal
30 officer.
31 (c) The probation department or clerk shall collect the
32 administrative fee under subsection (a)(3) before collecting any other
33 fee under subsection (a). The probation department or the clerk shall
34 deposit the probation user's fees and the administrative fees paid under
35 subsection (a) into the county supplemental juvenile probation services
36 fund.
37 (d) In addition to other methods of payment allowed by law, a
38 probation department may accept payment of fees required under this
39 section and section 1.5 of this chapter by credit card (as defined in
40 IC 14-11-1-7). The liability for payment is not discharged until the
41 probation department receives payment or credit from the institution
42 responsible for making the payment or credit.
2022 IN 340—LS 6954/DI 119 29
1 (e) The probation department may contract with a bank or credit
2 card vendor for acceptance of bank or credit cards. However, if there
3 is a vendor transaction charge or discount fee, whether billed to the
4 probation department or charged directly to the probation department's
5 account, the probation department may collect a credit card service fee
6 from the person using the bank or credit card. The fee collected under
7 this subsection is a permitted additional charge to the money the
8 probation department is required to collect under subsection (a).
9 (f) The probation department shall deposit the credit card service
10 fees collected under subsection (e) into the county supplemental
11 juvenile probation services fund. These funds may be used without
12 appropriation to pay the transaction charge or discount fee charged by
13 the bank or credit card vendor.
14 SECTION 33. IC 31-40-2-1.5 IS REPEALED [EFFECTIVE JULY
15 1, 2022]. Sec. 1.5. Notwithstanding the probation user's fee amounts
16 established under section 1 of this chapter, a court may order a person
17 to pay a probation user's fee that exceeds the maximum amount
18 allowed under section 1 of this chapter if:
19 (1) the person was placed on probation in another state and
20 moved or was transferred to Indiana;
21 (2) the other state allows a higher probation user's fee than the
22 maximum amount allowed under section 1 of this chapter; and
23 (3) the probation user's fee the court orders the person to pay does
24 not exceed the maximum amount allowed in the other state.
25 SECTION 34. IC 31-40-2-1.7 IS REPEALED [EFFECTIVE JULY
26 1, 2022]. Sec. 1.7. (a) A person may pay a monthly probation user's fee
27 under section 1 or 1.5 of this chapter before the date the payment is
28 required to be made without obtaining the prior approval of a court or
29 a probation department. However, if a delinquent child is discharged
30 from probation before the date the delinquent child was scheduled to
31 be released from probation, any monthly probation user's fee paid in
32 advance for the delinquent child may not be refunded.
33 (b) A probation department may petition a court to:
34 (1) impose a probation user's fee on a person; or
35 (2) increase a person's probation user's fee;
36 under section 1 or 1.5 of this chapter if the financial ability of the
37 person to pay a probation user's fee changes while the person is on
38 probation.
39 (c) An order to pay a probation user's fee under section 1 or 1.5 of
40 this chapter:
41 (1) is a judgment lien that:
42 (A) attaches to the property of the person subject to the order;
2022 IN 340—LS 6954/DI 119 30
1 (B) may be perfected;
2 (C) may be enforced to satisfy any payment that is delinquent
3 under section 1 or 1.5 of this chapter; and
4 (D) expires;
5 in the same manner as a judgment lien created in a civil
6 proceeding;
7 (2) is not discharged by the completion of the person's
8 probationary period or other sentence imposed on the person; and
9 (3) is not discharged by the liquidation of a person's estate by a
10 receiver under IC 32-30-5.
11 (d) A delinquent child placed on probation for more than one (1)
12 delinquent act:
13 (1) may be required to pay more than one (1) initial probation
14 user's fee; and
15 (2) may not be required to pay more than one (1) monthly
16 probation user's fee per month;
17 to either the probation department or the clerk of the court.
18 (e) If a court orders a person to pay a probation user's fee under
19 section 1 or 1.5 of this chapter, the court may garnish the wages, salary,
20 and other income earned by the person to enforce the order.
21 SECTION 35. IC 31-40-3-1 IS REPEALED [EFFECTIVE JULY 1,
22 2022]. Sec. 1. Subject to IC 31-40-1-3, juvenile court may order the
23 parent or guardian of the estate of any child for whom a guardian ad
24 litem or court appointed special advocate is appointed to pay to the
25 probation department a user fee of not more than one hundred dollars
26 ($100) for deposit by the probation department in:
27 (1) the guardian ad litem fund if a guardian ad litem has been
28 appointed; or
29 (2) the court appointed special advocate fund if a court appointed
30 special advocate has been appointed.
31 SECTION 36. IC 31-40-4 IS REPEALED [EFFECTIVE JULY 1,
32 2022]. (Failure to Pay Fees).
33 SECTION 37. IC 31-40-5 IS ADDED TO THE INDIANA CODE
34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]:
36 Chapter 5. Outstanding Costs and Warrants
37 Sec. 1. (a) Any outstanding unpaid balance of costs, fees, or
38 other financial obligations imposed on a delinquent child, or on the
39 parent or guardian of a delinquent child, under any of the
40 following statutes before the repeal or amendment of the statute
41 during the 2022 regular session of the general assembly is
42 unenforceable and uncollectable:
2022 IN 340—LS 6954/DI 119 31
1 (1) IC 11-13-4.5-4.
2 (2) IC 31-37-9-9 (repealed).
3 (3) IC 31-37-19-1.
4 (4) IC 31-37-19-5.
5 (5) IC 31-40-1-2.
6 (6) IC 31-40-1-3 (repealed).
7 (7) IC 31-40-1-3.5 (repealed).
8 (8) IC 31-40-1-3.8 (repealed).
9 (9) IC 31-40-1-4 (repealed).
10 (10) IC 31-40-1-5 (repealed).
11 (11) IC 31-40-2-1 (repealed).
12 (12) IC 31-40-2-1.5 (repealed).
13 (13) IC 31-40-2-1.7 (repealed).
14 (14) IC 31-40-3-1 (repealed).
15 (15) IC 31-40-4 (repealed).
16 (16) IC 33-23-16-23.5 (repealed).
17 (17) IC 33-37-4-3 (repealed).
18 (18) IC 33-37-5-10.
19 (19) IC 33-40-3-6.
20 (b) A delinquent child, or parent or guardian of a delinquent
21 child, is not required to take any affirmative action to vacate an
22 outstanding unpaid balance described in subsection (a).
23 (c) The office of judicial administration, in consultation with
24 other state or municipal agencies as necessary, shall establish
25 procedures to vacate all outstanding unpaid balances described in
26 subsection (a).
27 (d) The office of judicial administration shall design and
28 implement the procedures described in subsection (c) such that all
29 outstanding unpaid balances described in subsection (a) are
30 vacated not later than January 1, 2023.
31 Sec. 2. (a) Any outstanding unpaid balance resulting from a civil
32 judgment based on costs, fees, or other financial obligations
33 imposed on a delinquent child, or parent or guardian of a
34 delinquent child, under any of the following statutes before the
35 repeal or amendment of the statute during the 2022 regular session
36 of the general assembly is unenforceable and uncollectable:
37 (1) IC 11-13-4.5-4.
38 (2) IC 31-37-9-9 (repealed).
39 (3) IC 31-37-19-1.
40 (4) IC 31-37-19-5.
41 (5) IC 31-40-1-2.
42 (6) IC 31-40-1-3 (repealed).
2022 IN 340—LS 6954/DI 119 32
1 (7) IC 31-40-1-3.5 (repealed).
2 (8) IC 31-40-1-3.8 (repealed).
3 (9) IC 31-40-1-4 (repealed).
4 (10) IC 31-40-1-5 (repealed).
5 (11) IC 31-40-2-1 (repealed).
6 (12) IC 31-40-2-1.5 (repealed).
7 (13) IC 31-40-2-1.7 (repealed).
8 (14) IC 31-40-3-1 (repealed).
9 (15) IC 31-40-4 (repealed).
10 (16) IC 33-23-16-23.5 (repealed).
11 (17) IC 33-37-4-3 (repealed).
12 (18) IC 33-37-5-10.
13 (19) IC 33-40-3-6.
14 (b) A delinquent child, or parent or guardian of a delinquent
15 child, is not required to take any affirmative action to vacate an
16 outstanding unpaid balance described in subsection (a).
17 (c) The office of judicial administration, in consultation with
18 other state or municipal agencies as necessary, shall establish
19 procedures to vacate all outstanding unpaid balances described in
20 subsection (a).
21 (d) The office of judicial administration shall design and
22 implement the procedures described in subsection (c) such that all
23 such outstanding unpaid balances described in subsection (a) are
24 vacated not later than January 1, 2023.
25 Sec. 3. (a) A warrant issued solely on the basis of failure by a
26 delinquent child, or parent or guardian of a delinquent child, to:
27 (1) pay:
28 (A) costs, fees, or other financial obligations described in
29 section 1 of this chapter; or
30 (B) a civil judgment described in section 2 of this chapter;
31 or
32 (2) appear at a court hearing concerning only:
33 (A) payment of costs, fees, or other financial obligations
34 described in section 1 of this chapter; or
35 (B) payment of a civil judgment described in section 2 of
36 this chapter;
37 is void.
38 (b) A delinquent child, or parent or guardian of a delinquent
39 child, is not required to take any affirmative action to void or
40 expunge an outstanding warrant described in subsection (a).
41 (c) The office of judicial administration, in consultation with
42 other state, municipal, or law enforcement agencies as necessary,
2022 IN 340—LS 6954/DI 119 33
1 shall establish procedures to formally rescind and expunge all
2 warrants described in subsection (a).
3 (d) The office of judicial administration shall design and
4 implement the procedures described in subsection (c) such that any
5 outstanding warrants described in subsection (a) are rescinded and
6 expunged not later than January 1, 2023.
7 Sec. 4. This chapter expires July 1, 2023.
8 SECTION 38. IC 33-23-16-23.5 IS REPEALED [EFFECTIVE
9 JULY 1, 2022]. Sec. 23.5. (a) A parent or guardian of a child:
10 (1) who is:
11 (A) adjudicated a delinquent child; or
12 (B) in a program of informal adjustment approved by a
13 juvenile court under IC 31-37-9; and
14 (2) who is accepted into a problem solving court program;
15 is financially responsible for the problem solving court services fee and
16 chemical testing expenses assessed against the child by the problem
17 solving court under this chapter.
18 (b) A parent or guardian of a child described in subsection (a) shall,
19 before a hearing under subsection (c) concerning payment of fees and
20 expenses assessed against the child, provide financial information to
21 the problem solving court as ordered by the problem solving court.
22 (c) The problem solving court shall hold a hearing and may order
23 the parent or guardian to pay fees and expenses assessed against a child
24 described in subsection (a) unless the problem solving court makes a
25 specific finding that:
26 (1) the parent or guardian is unable to pay the fees or expenses;
27 or
28 (2) justice would not be served by ordering the parent or guardian
29 to pay the fees or expenses.
30 (d) If a parent or guardian is ordered to pay fees or expenses under
31 this section, the parent or guardian shall pay the fees or expenses to the
32 problem solving court or the clerk of the court. The problem solving
33 court shall keep a record of all payments made under this section by
34 each parent or guardian. When a child is discharged from a problem
35 solving court program, the problem solving court shall determine the
36 amount of any unpaid fees or expenses a parent or guardian owes under
37 this section. The problem solving court may reduce the unpaid balance
38 to a final judgment that may be enforced in any court that has
39 appropriate jurisdiction.
40 SECTION 39. IC 33-24-6-4, AS AMENDED BY P.L.161-2018,
41 SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 4. (a) The office of judicial administration shall
2022 IN 340—LS 6954/DI 119 34
1 establish and administer an office of guardian ad litem and court
2 appointed special advocate services. The office of judicial
3 administration shall use money it receives from the state general fund
4 to administer the office. If funds for guardian ad litem and court
5 appointed special advocate programs are appropriated by the general
6 assembly, the office of judicial administration shall provide matching
7 funds to counties that implement and administer, in courts with
8 juvenile jurisdiction, a guardian ad litem or court appointed special
9 advocate program for children who are alleged to be victims of child
10 abuse or neglect under IC 31-33. Matching funds must be distributed
11 in accordance with the provisions of section 5 of this chapter. A county
12 may use these matching funds to supplement amounts that are collected
13 as fees under IC 31-40-3-1 and used for the operation of guardian ad
14 litem and court appointed special advocate programs. The office of
15 judicial administration may use its administrative fund to provide
16 training services and communication services for local officials and
17 local guardian ad litem and court appointed special advocate programs.
18 The county fiscal body shall appropriate adequate funds for the county
19 to be eligible for matching funds under this section.
20 (b) Matching funds provided to a county under this section shall be
21 used for guardian ad litem and court appointed special advocate
22 programs and may be deposited in the county's guardian ad litem or
23 court appointed special advocate fund described in IC 31-40-3.
24 (c) Any matching funds appropriated to the office of judicial
25 administration that are not used before July 1 of each fiscal year do not
26 revert but shall be redistributed under this section on July 1. The office
27 of judicial administration shall redistribute the funds among counties
28 providing guardian ad litem and court appointed special advocate
29 programs that are entitled to receive matching funds.
30 (d) Money appropriated to the office of judicial administration does
31 not revert at the end of a state fiscal year to the state general fund.
32 (e) Only guardian ad litem or court appointed special advocate
33 programs certified by the supreme court are eligible for funding under
34 this section.
35 SECTION 40. IC 33-37-4-3 IS REPEALED [EFFECTIVE JULY 1,
36 2022]. Sec. 3. (a) The clerk shall collect a juvenile costs fee of one
37 hundred twenty dollars ($120) for each action filed under any of the
38 following:
39 (1) IC 31-34 (children in need of services).
40 (2) IC 31-37 (delinquent children).
41 (3) IC 31-14 (paternity).
42 (b) In addition to the juvenile costs fee collected under this section,
2022 IN 340—LS 6954/DI 119 35
1 the clerk shall collect the following fees, if they are required under
2 IC 33-37-5:
3 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
4 IC 33-37-5-4).
5 (2) A marijuana eradication program fee (IC 33-37-5-7).
6 (3) An alcohol and drug services program fee (IC 33-37-5-8(b)).
7 (4) A law enforcement continuing education program fee (IC
8 33-37-5-8(c)).
9 (5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
10 (6) A document storage fee (IC 33-37-5-20).
11 (7) An automated record keeping fee (IC 33-37-5-21).
12 (8) A late payment fee (IC 33-37-5-22).
13 (9) A public defense administration fee (IC 33-37-5-21.2).
14 (10) A judicial insurance adjustment fee (IC 33-37-5-25).
15 (11) A judicial salaries fee (IC 33-37-5-26).
16 (12) A court administration fee (IC 33-37-5-27).
17 (13) A DNA sample processing fee (IC 33-37-5-26.2).
18 (c) The clerk shall transfer to the county auditor or city or town
19 fiscal officer the following fees not later than thirty (30) days after they
20 are collected:
21 (1) The marijuana eradication program fee (IC 33-37-5-7).
22 (2) The alcohol and drug services program fee (IC 33-37-5-8(b)).
23 (3) The law enforcement continuing education program fee (IC
24 33-37-5-8(c)).
25 The auditor or fiscal officer shall deposit the fees in the appropriate
26 user fee fund established under IC 33-37-8.
27 SECTION 41. IC 33-37-4-4, AS AMENDED BY P.L.39-2017,
28 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 4. (a) The clerk shall collect a civil costs fee of
30 one hundred dollars ($100) from a party filing a civil action. This
31 subsection does not apply to the following civil actions:
32 (1) Proceedings to enforce a statute defining an infraction under
33 IC 34-28-5 (or IC 34-4-32 before its repeal).
34 (2) Proceedings to enforce an ordinance under IC 34-28-5 (or
35 IC 34-4-32 before its repeal).
36 (3) Proceedings in juvenile court under IC 31-34 or IC 31-37.
37 (4) Proceedings in paternity under IC 31-14.
38 (5) (4) Proceedings in small claims court under IC 33-34.
39 (6) (5) Proceedings in actions described in section 7 of this
40 chapter.
41 (b) In addition to the civil costs fee collected under this section, the
42 clerk shall collect the following fees, if they are required under
2022 IN 340—LS 6954/DI 119 36
1 IC 33-37-5:
2 (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
3 IC 33-37-5-4).
4 (2) A support and maintenance fee (IC 33-37-5-6).
5 (3) A document storage fee (IC 33-37-5-20).
6 (4) An automated record keeping fee (IC 33-37-5-21).
7 (5) A public defense administration fee (IC 33-37-5-21.2).
8 (6) A judicial insurance adjustment fee (IC 33-37-5-25).
9 (7) A judicial salaries fee (IC 33-37-5-26).
10 (8) A court administration fee (IC 33-37-5-27).
11 (9) A service fee (IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2)).
12 (10) A garnishee service fee (IC 33-37-5-28(b)(3) or
13 IC 33-37-5-28(b)(4)).
14 (11) For a mortgage foreclosure action, a mortgage foreclosure
15 counseling and education fee (IC 33-37-5-33) (before its
16 expiration on July 1, 2017).
17 (12) Before July 1, 2022, a pro bono legal services fee (IC
18 33-37-5-31).
19 SECTION 42. IC 33-37-5-10 IS AMENDED TO READ AS
20 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 10. (a) The clerk shall
21 collect an alcohol and drug countermeasures fee of two hundred dollars
22 ($200) in each action in which:
23 (1) a person is found to have:
24 (A) committed an offense under IC 9-30-5; or
25 (B) violated a statute defining an infraction under IC 9-30-5;
26 or
27 (C) been adjudicated a delinquent for an act that would be an
28 offense under IC 9-30-5, if committed by an adult; and
29 (2) the person's driving privileges are suspended by the court or
30 the bureau of motor vehicles as a result of the finding.
31 (b) The clerk shall collect an alcohol and drug countermeasures fee
32 of two hundred dollars ($200) in each action in which:
33 (1) a person is charged with an offense under IC 9-30-5; and
34 (2) by a plea agreement or an agreement of the parties that is
35 approved by the court:
36 (A) judgment is entered for an offense under:
37 (i) IC 9-21-8-50;
38 (ii) IC 9-21-8-52;
39 (iii) IC 7.1-5-1-3; or
40 (iv) IC 7.1-5-1-6; and
41 (B) the defendant agrees to pay the alcohol and drug counter
42 measures fee.
2022 IN 340—LS 6954/DI 119 37
1 SECTION 43. IC 33-37-7-2, AS AMENDED BY P.L.165-2021,
2 SECTION 193, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The clerk of a circuit court
4 shall distribute semiannually to the auditor of state as the state share for
5 deposit in the homeowner protection unit account established by
6 IC 4-6-12-9 one hundred percent (100%) of the automated record
7 keeping fees collected under IC 33-37-5-21 with respect to actions
8 resulting in the accused person entering into a pretrial diversion
9 program agreement under IC 33-39-1-8 or a deferral program
10 agreement under IC 34-28-5-1 and for deposit in the state general fund
11 seventy percent (70%) of the amount of fees collected under the
12 following:
13 (1) IC 33-37-4-1(a) (criminal costs fees).
14 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
15 (3) IC 33-37-4-3(a) (juvenile costs fees).
16 (4) (3) IC 33-37-4-4(a) (civil costs fees).
17 (5) (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
18 (6) (5) IC 33-37-4-7(a) (probate costs fees).
19 (7) (6) IC 33-37-5-17 (deferred prosecution fees).
20 (b) The clerk of a circuit court shall distribute semiannually to the
21 auditor of state for deposit in the state user fee fund established in
22 IC 33-37-9-2 the following:
23 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
24 interdiction, and correction fees collected under
25 IC 33-37-4-1(b)(5).
26 (2) Twenty-five percent (25%) of the alcohol and drug
27 countermeasures fees collected under IC 33-37-4-1(b)(6) and
28 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
29 (3) One hundred percent (100%) of the child abuse prevention
30 fees collected under IC 33-37-4-1(b)(7).
31 (4) One hundred percent (100%) of the domestic violence
32 prevention and treatment fees collected under IC 33-37-4-1(b)(8).
33 (5) One hundred percent (100%) of the highway worksite zone
34 fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
35 (6) Seventy-five percent (75%) of the safe schools fee collected
36 under IC 33-37-5-18.
37 (7) One hundred percent (100%) of the automated record keeping
38 fee collected under IC 33-37-5-21 not distributed under
39 subsection (a).
40 (c) The clerk of a circuit court shall distribute monthly to the county
41 auditor the following:
42 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
2022 IN 340—LS 6954/DI 119 38
1 interdiction, and correction fees collected under
2 IC 33-37-4-1(b)(5).
3 (2) Seventy-five percent (75%) of the alcohol and drug
4 countermeasures fees collected under IC 33-37-4-1(b)(6) and
5 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
6 The county auditor shall deposit fees distributed by a clerk under this
7 subsection into the county drug free community fund established under
8 IC 5-2-11.
9 (d) The clerk of a circuit court shall distribute monthly to the county
10 auditor one hundred percent (100%) of the late payment fees collected
11 under IC 33-37-5-22. The county auditor shall deposit fees distributed
12 by a clerk under this subsection as follows:
13 (1) If directed to do so by an ordinance adopted by the county
14 fiscal body, the county auditor shall deposit forty percent (40%)
15 of the fees in the clerk's record perpetuation fund established
16 under IC 33-37-5-2 and sixty percent (60%) of the fees in the
17 county general fund.
18 (2) If the county fiscal body has not adopted an ordinance
19 described in subdivision (1), the county auditor shall deposit all
20 the fees in the county general fund.
21 (e) The clerk of the circuit court shall distribute semiannually to the
22 auditor of state for deposit in the sexual assault victims assistance fund
23 established by IC 5-2-6-23(d) one hundred percent (100%) of the
24 sexual assault victims assistance fees collected under IC 33-37-5-23.
25 (f) The clerk of a circuit court shall distribute monthly to the county
26 auditor the following:
27 (1) One hundred percent (100%) of the support and maintenance
28 fees for cases designated as non-Title IV-D child support cases in
29 the Indiana support enforcement tracking system (ISETS) or the
30 successor statewide automated support enforcement system
31 collected under IC 33-37-5-6.
32 (2) The percentage share of the support and maintenance fees for
33 cases designated as Title IV-D child support cases in ISETS or the
34 successor statewide automated support enforcement system
35 collected under IC 33-37-5-6 that is reimbursable to the county at
36 the federal financial participation rate.
37 The county clerk shall distribute monthly to the department of child
38 services the percentage share of the support and maintenance fees for
39 cases designated as Title IV-D child support cases in ISETS, or the
40 successor statewide automated support enforcement system, collected
41 under IC 33-37-5-6 that is not reimbursable to the county at the
42 applicable federal financial participation rate.
2022 IN 340—LS 6954/DI 119 39
1 (g) The clerk of a circuit court shall distribute monthly to the county
2 auditor the following:
3 (1) One hundred percent (100%) of the small claims service fee
4 under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
5 the county general fund.
6 (2) One hundred percent (100%) of the small claims garnishee
7 service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
8 deposit in the county general fund.
9 (3) Twenty-five percent (25%) of the safe schools fee collected
10 under IC 33-37-5-18 for deposit in the county general fund.
11 (h) This subsection does not apply to court administration fees
12 collected in small claims actions filed in a court described in IC 33-34.
13 The clerk of a circuit court shall semiannually distribute to the auditor
14 of state for deposit in the state general fund one hundred percent
15 (100%) of the following:
16 (1) The public defense administration fee collected under
17 IC 33-37-5-21.2.
18 (2) The judicial salaries fees collected under IC 33-37-5-26.
19 (3) The DNA sample processing fees collected under
20 IC 33-37-5-26.2.
21 (4) The court administration fees collected under IC 33-37-5-27.
22 (5) The judicial insurance adjustment fee collected under
23 IC 33-37-5-25.
24 (i) The proceeds of the service fee collected under
25 IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
26 follows:
27 (1) The clerk shall distribute one hundred percent (100%) of the
28 service fees collected in a circuit, superior, county, or probate
29 court to the county auditor for deposit in the county general fund.
30 (2) The clerk shall distribute one hundred percent (100%) of the
31 service fees collected in a city or town court to the city or town
32 fiscal officer for deposit in the city or town general fund.
33 (j) The proceeds of the garnishee service fee collected under
34 IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
35 follows:
36 (1) The clerk shall distribute one hundred percent (100%) of the
37 garnishee service fees collected in a circuit, superior, county, or
38 probate court to the county auditor for deposit in the county
39 general fund.
40 (2) The clerk shall distribute one hundred percent (100%) of the
41 garnishee service fees collected in a city or town court to the city
42 or town fiscal officer for deposit in the city or town general fund.
2022 IN 340—LS 6954/DI 119 40
1 (k) The clerk of the circuit court shall distribute semiannually to the
2 auditor of state for deposit in the home ownership education account
3 established by IC 5-20-1-27 one hundred percent (100%) of the
4 following:
5 (1) The mortgage foreclosure counseling and education fees
6 collected under IC 33-37-5-33 (before its expiration on July 1,
7 2017).
8 (2) Any civil penalties imposed and collected by a court for a
9 violation of a court order in a foreclosure action under
10 IC 32-30-10.5.
11 (l) The clerk of a circuit court shall distribute semiannually to the
12 auditor of state one hundred percent (100%) of the pro bono legal
13 services fees collected before July 1, 2022, under IC 33-37-5-31. The
14 auditor of state shall transfer semiannually the pro bono legal services
15 fees to the Indiana Bar Foundation (or a successor entity) as the entity
16 designated to organize and administer the interest on lawyers trust
17 accounts (IOLTA) program under Rule 1.15 of the Rules of
18 Professional Conduct of the Indiana supreme court. The Indiana Bar
19 Foundation shall:
20 (1) deposit in an appropriate account and otherwise manage the
21 fees the Indiana Bar Foundation receives under this subsection in
22 the same manner the Indiana Bar Foundation deposits and
23 manages the net earnings the Indiana Bar Foundation receives
24 from IOLTA accounts; and
25 (2) use the fees the Indiana Bar Foundation receives under this
26 subsection to assist or establish approved pro bono legal services
27 programs.
28 The handling and expenditure of the pro bono legal services fees
29 received under this section by the Indiana Bar Foundation (or its
30 successor entity) are subject to audit by the state board of accounts. The
31 amounts necessary to make the transfers required by this subsection are
32 appropriated from the state general fund.
33 SECTION 44. IC 33-37-7-4 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) The clerk of a
35 circuit court shall forward the county share of fees collected to the
36 county auditor in accordance with IC 33-37-7-12(a). The auditor shall
37 retain as the county share twenty-seven percent (27%) of the amount
38 of fees collected under the following:
39 (1) IC 33-37-4-1(a) (criminal costs fees).
40 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
41 (3) IC 33-37-4-3(a) (juvenile costs fees).
42 (4) (3) IC 33-37-4-4(a) (civil costs fees).
2022 IN 340—LS 6954/DI 119 41
1 (5) (4) IC 33-37-4-6(a)(1) (small claims costs fees).
2 (6) (5) IC 33-37-4-7(a) (probate costs fees).
3 (7) (6) IC 33-37-5-17 (deferred prosecution fees).
4 (b) This section applies after June 30, 2005.
5 SECTION 45. IC 33-37-7-6, AS AMENDED BY P.L.201-2011,
6 SECTION 102, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) The qualified municipality
8 share to be distributed to each city and town maintaining a law
9 enforcement agency that prosecutes at least fifty percent (50%) of the
10 city's or town's ordinance violations in a circuit or superior court
11 located in the county is three percent (3%) of the amount of fees
12 collected under the following:
13 (1) IC 33-37-4-1(a) (criminal costs fees).
14 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
15 (3) IC 33-37-4-3(a) (juvenile costs fees).
16 (4) (3) IC 33-37-4-4(a) (civil costs fees).
17 (5) (4) IC 33-37-4-6(a)(1) (small claims costs fees).
18 (6) (5) IC 33-37-4-7(a) (probate costs fees).
19 (7) (6) IC 33-37-5-17 (deferred prosecution fees).
20 (b) The county auditor shall determine the amount to be distributed
21 to each city and town qualified under subsection (a) as follows:
22 STEP ONE: Determine the population of the qualified city or
23 town.
24 STEP TWO: Add the populations of all qualified cities and towns
25 determined under STEP ONE.
26 STEP THREE: Divide the population of each qualified city and
27 town by the sum determined under STEP TWO.
28 STEP FOUR: Multiply the result determined under STEP THREE
29 for each qualified city and town by the amount of the qualified
30 municipality share.
31 (c) The county auditor shall distribute semiannually to each city and
32 town described in subsection (a) the amount computed for that city or
33 town under STEP FOUR of subsection (b).
34 (d) This section applies after June 30, 2005.
35 SECTION 46. IC 33-37-7-8, AS AMENDED BY P.L.165-2021,
36 SECTION 194, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 8. (a) The clerk of a city or town
38 court shall distribute semiannually to the auditor of state as the state
39 share for deposit in the homeowner protection unit account established
40 by IC 4-6-12-9 one hundred percent (100%) of the automated record
41 keeping fees collected under IC 33-37-5-21 with respect to actions
42 resulting in the accused person entering into a pretrial diversion
2022 IN 340—LS 6954/DI 119 42
1 program agreement under IC 33-39-1-8 or a deferral program
2 agreement under IC 34-28-5-1 and for deposit in the state general fund
3 fifty-five percent (55%) of the amount of fees collected under the
4 following:
5 (1) IC 33-37-4-1(a) (criminal costs fees).
6 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
7 (3) IC 33-37-4-4(a) (civil costs fees).
8 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
9 (5) IC 33-37-5-17 (deferred prosecution fees).
10 (b) The city or town fiscal officer shall distribute monthly to the
11 county auditor as the county share twenty percent (20%) of the amount
12 of fees collected under the following:
13 (1) IC 33-37-4-1(a) (criminal costs fees).
14 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
15 (3) IC 33-37-4-4(a) (civil costs fees).
16 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
17 (5) IC 33-37-5-17 (deferred prosecution fees).
18 (c) The city or town fiscal officer shall retain twenty-five percent
19 (25%) as the city or town share of the fees collected under the
20 following:
21 (1) IC 33-37-4-1(a) (criminal costs fees).
22 (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
23 (3) IC 33-37-4-4(a) (civil costs fees).
24 (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
25 (5) IC 33-37-5-17 (deferred prosecution fees).
26 (d) The clerk of a city or town court shall distribute semiannually to
27 the auditor of state for deposit in the state user fee fund established in
28 IC 33-37-9 the following:
29 (1) Twenty-five percent (25%) of the drug abuse, prosecution,
30 interdiction, and correction fees collected under
31 IC 33-37-4-1(b)(5).
32 (2) Twenty-five percent (25%) of the alcohol and drug
33 countermeasures fees collected under IC 33-37-4-1(b)(6) and
34 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
35 (3) One hundred percent (100%) of the highway worksite zone
36 fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
37 (4) Seventy-five percent (75%) of the safe schools fee collected
38 under IC 33-37-5-18.
39 (5) One hundred percent (100%) of the automated record keeping
40 fee collected under IC 33-37-5-21 not distributed under
41 subsection (a).
42 (e) The clerk of a city or town court shall distribute monthly to the
2022 IN 340—LS 6954/DI 119 43
1 county auditor the following:
2 (1) Seventy-five percent (75%) of the drug abuse, prosecution,
3 interdiction, and correction fees collected under
4 IC 33-37-4-1(b)(5).
5 (2) Seventy-five percent (75%) of the alcohol and drug
6 countermeasures fees collected under IC 33-37-4-1(b)(6) and
7 IC 33-37-4-2(b)(4). and IC 33-37-4-3(b)(5).
8 The county auditor shall deposit fees distributed by a clerk under this
9 subsection into the county drug free community fund established under
10 IC 5-2-11.
11 (f) The clerk of a city or town court shall distribute monthly to the
12 city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
13 percent (100%) of the following:
14 (1) The late payment fees collected under IC 33-37-5-22.
15 (2) The small claims service fee collected under
16 IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
17 (3) The small claims garnishee service fee collected under
18 IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
19 (4) Twenty-five percent (25%) of the safe schools fee collected
20 under IC 33-37-5-18.
21 The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
22 fees distributed by a clerk under this subsection in the city or town
23 general fund.
24 (g) The clerk of a city or town court shall semiannually distribute to
25 the auditor of state for deposit in the state general fund one hundred
26 percent (100%) of the following:
27 (1) The public defense administration fee collected under
28 IC 33-37-5-21.2.
29 (2) The DNA sample processing fees collected under
30 IC 33-37-5-26.2.
31 (3) The court administration fees collected under IC 33-37-5-27.
32 (4) The judicial insurance adjustment fee collected under
33 IC 33-37-5-25.
34 (h) The clerk of a city or town court shall semiannually distribute to
35 the auditor of state for deposit in the state general fund seventy-five
36 percent (75%) of the judicial salaries fee collected under
37 IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
38 percent (25%) of the judicial salaries fee collected under
39 IC 33-37-5-26. The funds retained by the city or town shall be
40 prioritized to fund city or town court operations.
41 (i) The clerk of a city or town court shall distribute semiannually to
42 the auditor of state one hundred percent (100%) of the pro bono legal
2022 IN 340—LS 6954/DI 119 44
1 services fees collected before July 1, 2022, under IC 33-37-5-31. The
2 auditor of state shall transfer semiannually the pro bono legal services
3 fees to the Indiana Bar Foundation (or a successor entity) as the entity
4 designated to organize and administer the interest on lawyers trust
5 accounts (IOLTA) program under Rule 1.15 of the Rules of
6 Professional Conduct of the Indiana supreme court. The Indiana Bar
7 Foundation shall:
8 (1) deposit in an appropriate account and otherwise manage the
9 fees the Indiana Bar Foundation receives under this subsection in
10 the same manner the Indiana Bar Foundation deposits and
11 manages the net earnings the Indiana Bar Foundation receives
12 from IOLTA accounts; and
13 (2) use the fees the Indiana Bar Foundation receives under this
14 subsection to assist or establish approved pro bono legal services
15 programs.
16 The handling and expenditure of the pro bono legal services fees
17 received under this section by the Indiana Bar Foundation (or its
18 successor entity) are subject to audit by the state board of accounts. The
19 amounts necessary to make the transfers required by this subsection are
20 appropriated from the state general fund.
21 SECTION 47. IC 33-37-8-5, AS AMENDED BY P.L.187-2011,
22 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 5. (a) A county user fee fund is established in each
24 county to finance various program services. The county fund is
25 administered by the county auditor.
26 (b) The county fund consists of the following fees collected by a
27 clerk under this article: and by the probation department for the
28 juvenile court under IC 31-37-9-9:
29 (1) The pretrial diversion program fee.
30 (2) The informal adjustment program fee.
31 (3) (2) The marijuana eradication program fee.
32 (4) (3) The alcohol and drug services program fee.
33 (5) (4) The law enforcement continuing education program fee.
34 (6) (5) The deferral program fee.
35 (7) (6) The jury fee.
36 (8) (7) The problem solving court fee.
37 (c) All of the jury fee and two dollars ($2) of a deferral program fee
38 collected under IC 33-37-4-2(e) shall be deposited by the county
39 auditor in the jury pay fund established under IC 33-37-11.
40 SECTION 48. IC 33-37-10-3, AS AMENDED BY P.L.41-2014,
41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 3. Except as provided in section 3.5 of this
2022 IN 340—LS 6954/DI 119 45
1 chapter, a witness in an action listed in IC 33-37-4-2, IC 33-37-4-3,
2 IC 33-37-4-4, IC 33-37-4-6, and or IC 33-37-4-7 or an action under
3 IC 31-14, IC 31-34, or IC 31-37 is entitled to the sum of the
4 following:
5 (1) An amount for mileage at the mileage rate paid to state
6 officers for each mile necessarily traveled to and from the court.
7 (2) Five dollars ($5) for each day of attendance in court.
8 SECTION 49. IC 33-40-3-6 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) If at any stage of
10 a prosecution for a felony or a misdemeanor the court makes a finding
11 of ability to pay the costs of representation under section 7 of this
12 chapter, the court shall require payment by the person or the person's
13 parent, if the person is a child alleged to be a delinquent child, of the
14 following costs in addition to other costs assessed against the person:
15 (1) Reasonable attorney's fees if an attorney has been appointed
16 for the person by the court.
17 (2) Costs incurred by the county as a result of court appointed
18 legal services rendered to the person.
19 (b) The clerk of the court shall deposit costs collected under this
20 section into the supplemental public defender services fund established
21 under section 1 of this chapter.
22 (c) A person ordered to pay any part of the costs of representation
23 under subsection (a) has the same rights and protections as those of
24 other judgment debtors under the Constitution of the State of Indiana
25 and under Indiana law.
26 (d) The sum of:
27 (1) the fee collected under IC 35-33-7-6;
28 (2) any amount assessed by the court under this section; and
29 (3) any amount ordered to be paid under IC 33-37-2-3;
30 may not exceed the cost of defense services rendered to the person.
31 SECTION 50. IC 33-40-3-7 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (a) If a defendant or
33 a child alleged to be a delinquent child is receiving publicly paid
34 representation, the court shall consider:
35 (1) the person's independently held assets and assets available to
36 the spouse of the person; or the person's parent if the person is
37 unemancipated;
38 (2) the person's income;
39 (3) the person's liabilities; and
40 (4) the extent of the burden that payment of costs assessed under
41 section 6 of this chapter would impose on the person and the
42 dependents of the person.
2022 IN 340—LS 6954/DI 119 46
1 (b) If, after considering the factors described in subsection (a), the
2 court determines that the person is able to pay the costs of
3 representation, the court shall enter a finding that the person is able to
4 pay those additional costs.
5 SECTION 51. IC 35-38-1-17.1 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 17.1. (a) Notwithstanding any
8 other law to the contrary, a person convicted of an offense
9 committed by the person when the person was less than eighteen
10 (18) years of age may, not less than fifteen (15) years after the date
11 of the conviction, petition a court under this section for
12 modification of the person's sentence for the offense.
13 (b) If a petition under subsection (a) contains a verified
14 statement that the petitioner is indigent and desires the
15 appointment of counsel for purposes of the petitioner's request for
16 sentence modification, the court shall appoint counsel to represent
17 the petitioner in seeking the sentence modification.
18 (c) A court with which a petition under subsection (a) is filed
19 shall transmit a copy of the petition to the prosecuting attorney.
20 The prosecuting attorney shall, not later than thirty (30) days after
21 receiving the petition, send notice of:
22 (1) the filing of the petition; and
23 (2) the rights of victims under Article 1, Section 13 of the
24 Constitution of the State of Indiana and IC 35-40;
25 to any victims of the offense for which the petitioner is seeking
26 sentence modification.
27 (d) The court with which a petition under subsection (a) is filed
28 shall conduct a hearing on the petition not later than ninety (90)
29 days after the petition is filed. At the hearing, the court shall
30 consider the following factors in deciding whether to grant the
31 petition:
32 (1) Whether the petitioner has substantially complied with the
33 rules of the institution in which the petitioner has been
34 confined, taking into consideration the age of the petitioner at
35 the time of any violations of the institution's rules.
36 (2) The nature of the offense and the history and
37 characteristics of the petitioner.
38 (3) Any statement offered by a victim, or representative of a
39 victim, of the offense.
40 (4) Any reports from a physical, mental, or behavioral
41 examination of the petitioner conducted by a health
42 professional.
2022 IN 340—LS 6954/DI 119 47
1 (5) Influences that may have contributed to the petitioner's
2 behavior at the time of the offense, including a history of
3 trauma, neglect, abuse, or involvement in the child welfare
4 system.
5 (6) The role of the petitioner in the offense, and the extent to
6 which the petitioner's commission of the offense was
7 influenced by others.
8 (7) The diminished capacity of a juvenile as compared to an
9 adult, including the inability to fully appreciate risks and
10 consequences at the time of an offense.
11 (8) Any other consideration the court finds relevant.
12 (e) If, based on the court's consideration of the factors described
13 in subsection (d), the court finds that:
14 (1) the petitioner is not a danger to the public; and
15 (2) it is in the interest of justice to reduce or modify the
16 petitioner's sentence;
17 the court shall modify the petitioner's sentence.
18 (f) A court shall issue the court's decision under subsection (e)
19 in a writing that sets forth the basis for the decision, including a
20 brief explanation of the court's reasoning with respect to the
21 factors described in subsection (d).
22 (g) If a court:
23 (1) denies a petition filed under this section; or
24 (2) reduces or modifies the petitioner's sentence in such a
25 manner that the offender remains confined five (5) years after
26 the reduction or modification;
27 the petitioner may file another petition under this section.
28 (h) An individual may file no more than three (3) petitions
29 under this section, not including any amendments made to a
30 petition filed under this section before the court issues an order on
31 the petition.
32 (i) The grant or denial of a petition under this section is a final
33 appealable order.
34 SECTION 52. IC 35-38-2-0.2, AS ADDED BY P.L.220-2011,
35 SECTION 588, IS AMENDED TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2022]: Sec. 0.2. The following statutes, as
37 added or amended by P.L.277-2003, apply only to individuals who are
38 placed on probation after June 30, 2003:
39 (1) IC 31-40-1-1.7(b) (before its repeal).
40 (2) IC 31-40-1-1.7(d) (before its repeal).
41 (3) IC 31-40-2-1(a).
42 (4) IC 31-40-2-1(b).
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1 (5) IC 31-40-2-1.5.
2 (6) (3) Section 1(c), 1(d), 1(e), and 1(i) of this chapter.
3 (7) (4) Section 1.5 of this chapter.
4 (8) (5) Section 1.7 of this chapter.
5 SECTION 53. IC 35-50-2-3, AS AMENDED BY P.L.117-2015,
6 SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 3. (a) A person who commits murder shall be
8 imprisoned for a fixed term of between forty-five (45) and sixty-five
9 (65) years, with the advisory sentence being fifty-five (55) years. In
10 addition, the person may be fined not more than ten thousand dollars
11 ($10,000).
12 (b) Notwithstanding subsection (a), a person who was
13 (1) at least eighteen (18) years of age at the time the murder was
14 committed may be sentenced to:
15 (A) (1) death; or
16 (B) (2) life imprisonment without parole; and
17 (2) at least sixteen (16) years of age but less than eighteen (18)
18 years of age at the time the murder was committed may be
19 sentenced to life imprisonment without parole;
20 under section 9 of this chapter unless a court determines under
21 IC 35-36-9 that the person is an individual with an intellectual
22 disability.
23 SECTION 54. IC 35-50-2-9, AS AMENDED BY P.L.65-2016,
24 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2022]: Sec. 9. (a) The state may seek either a death sentence
26 or a sentence of life imprisonment without parole for murder by
27 alleging, on a page separate from the rest of the charging instrument,
28 the existence of at least one (1) of the aggravating circumstances listed
29 in subsection (b). In the sentencing hearing after a person is convicted
30 of murder, the state must prove beyond a reasonable doubt the
31 existence of at least one (1) of the aggravating circumstances alleged.
32 However, the state may not proceed against a defendant under this
33 section if a court determines at a pretrial hearing under IC 35-36-9 that
34 the defendant is an individual with an intellectual disability.
35 (b) The aggravating circumstances are as follows:
36 (1) The defendant committed the murder by intentionally killing
37 the victim while committing or attempting to commit any of the
38 following:
39 (A) Arson (IC 35-43-1-1).
40 (B) Burglary (IC 35-43-2-1).
41 (C) Child molesting (IC 35-42-4-3).
42 (D) Criminal deviate conduct (IC 35-42-4-2) (before its
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1 repeal).
2 (E) Kidnapping (IC 35-42-3-2).
3 (F) Rape (IC 35-42-4-1).
4 (G) Robbery (IC 35-42-5-1).
5 (H) Carjacking (IC 35-42-5-2) (before its repeal).
6 (I) Criminal organization activity (IC 35-45-9-3).
7 (J) Dealing in cocaine or a narcotic drug (IC 35-48-4-1).
8 (K) Criminal confinement (IC 35-42-3-3).
9 (2) The defendant committed the murder by the unlawful
10 detonation of an explosive with intent to injure a person or
11 damage property.
12 (3) The defendant committed the murder by lying in wait.
13 (4) The defendant who committed the murder was hired to kill.
14 (5) The defendant committed the murder by hiring another person
15 to kill.
16 (6) The victim of the murder was a corrections employee,
17 probation officer, parole officer, community corrections worker,
18 home detention officer, fireman, judge, or law enforcement
19 officer, and either:
20 (A) the victim was acting in the course of duty; or
21 (B) the murder was motivated by an act the victim performed
22 while acting in the course of duty.
23 (7) The defendant has been convicted of another murder.
24 (8) The defendant has committed another murder, at any time,
25 regardless of whether the defendant has been convicted of that
26 other murder.
27 (9) The defendant was:
28 (A) under the custody of the department of correction;
29 (B) under the custody of a county sheriff;
30 (C) on probation after receiving a sentence for the commission
31 of a felony; or
32 (D) on parole;
33 at the time the murder was committed.
34 (10) The defendant dismembered the victim.
35 (11) The defendant:
36 (A) burned, mutilated, or tortured the victim; or
37 (B) decapitated or attempted to decapitate the victim;
38 while the victim was alive.
39 (12) The victim of the murder was less than twelve (12) years of
40 age.
41 (13) The victim was a victim of any of the following offenses for
42 which the defendant was convicted:
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1 (A) A battery offense included in IC 35-42-2 committed before
2 July 1, 2014, as a Class D felony or as a Class C felony, or a
3 battery offense included in IC 35-42-2 committed after June
4 30, 2014, as a Level 6 felony, a Level 5 felony, a Level 4
5 felony, or a Level 3 felony.
6 (B) Kidnapping (IC 35-42-3-2).
7 (C) Criminal confinement (IC 35-42-3-3).
8 (D) A sex crime under IC 35-42-4.
9 (14) The victim of the murder was listed by the state or known by
10 the defendant to be a witness against the defendant and the
11 defendant committed the murder with the intent to prevent the
12 person from testifying.
13 (15) The defendant committed the murder by intentionally
14 discharging a firearm (as defined in IC 35-47-1-5):
15 (A) into an inhabited dwelling; or
16 (B) from a vehicle.
17 (16) The victim of the murder was pregnant and the murder
18 resulted in the intentional killing of a fetus that has attained
19 viability (as defined in IC 16-18-2-365).
20 (17) The defendant knowingly or intentionally:
21 (A) committed the murder:
22 (i) in a building primarily used for an educational purpose;
23 (ii) on school property; and
24 (iii) when students are present; or
25 (B) committed the murder:
26 (i) in a building or other structure owned or rented by a state
27 educational institution or any other public or private
28 postsecondary educational institution and primarily used for
29 an educational purpose; and
30 (ii) at a time when classes are in session.
31 (18) The murder is committed:
32 (A) in a building that is primarily used for religious worship;
33 and
34 (B) at a time when persons are present for religious worship or
35 education.
36 (c) The mitigating circumstances that may be considered under this
37 section are as follows:
38 (1) The defendant has no significant history of prior criminal
39 conduct.
40 (2) The defendant was under the influence of extreme mental or
41 emotional disturbance when the murder was committed.
42 (3) The victim was a participant in or consented to the defendant's
2022 IN 340—LS 6954/DI 119 51
1 conduct.
2 (4) The defendant was an accomplice in a murder committed by
3 another person, and the defendant's participation was relatively
4 minor.
5 (5) The defendant acted under the substantial domination of
6 another person.
7 (6) The defendant's capacity to appreciate the criminality of the
8 defendant's conduct or to conform that conduct to the
9 requirements of law was substantially impaired as a result of
10 mental disease or defect or of intoxication.
11 (7) The defendant was less than eighteen (18) twenty-five (25)
12 years of age at the time the murder was committed.
13 (8) Any other circumstances appropriate for consideration.
14 (d) If the defendant was convicted of murder in a jury trial, the jury
15 shall reconvene for the sentencing hearing. If the trial was to the court,
16 or the judgment was entered on a guilty plea, the court alone shall
17 conduct the sentencing hearing. The jury or the court may consider all
18 the evidence introduced at the trial stage of the proceedings, together
19 with new evidence presented at the sentencing hearing. The court shall
20 instruct the jury concerning the statutory penalties for murder and any
21 other offenses for which the defendant was convicted, the potential for
22 consecutive or concurrent sentencing, and the availability of
23 educational credit, good time credit, and clemency. The court shall
24 instruct the jury that, in order for the jury to recommend to the court
25 that the death penalty or life imprisonment without parole should be
26 imposed, the jury must find at least one (1) aggravating circumstance
27 beyond a reasonable doubt as described in subsection (l) and shall
28 provide a special verdict form for each aggravating circumstance
29 alleged. The defendant may present any additional evidence relevant
30 to:
31 (1) the aggravating circumstances alleged; or
32 (2) any of the mitigating circumstances listed in subsection (c).
33 (e) For a defendant sentenced after June 30, 2002, except as
34 provided by IC 35-36-9, if the hearing is by jury, the jury shall
35 recommend to the court whether the death penalty or life imprisonment
36 without parole, or neither, should be imposed. The jury may
37 recommend:
38 (1) the death penalty; or
39 (2) life imprisonment without parole;
40 only if it makes the findings described in subsection (l). If the jury
41 reaches a sentencing recommendation, the court shall sentence the
42 defendant accordingly. After a court pronounces sentence, a
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1 representative of the victim's family and friends may present a
2 statement regarding the impact of the crime on family and friends. The
3 impact statement may be submitted in writing or given orally by the
4 representative. The statement shall be given in the presence of the
5 defendant.
6 (f) If a jury is unable to agree on a sentence recommendation after
7 reasonable deliberations, the court shall discharge the jury and proceed
8 as if the hearing had been to the court alone.
9 (g) If the hearing is to the court alone, except as provided by
10 IC 35-36-9, the court shall:
11 (1) sentence the defendant to death; or
12 (2) impose a term of life imprisonment without parole;
13 only if it makes the findings described in subsection (l).
14 (h) If a court sentences a defendant to death, the court shall order
15 the defendant's execution to be carried out not later than one (1) year
16 and one (1) day after the date the defendant was convicted. The
17 supreme court has exclusive jurisdiction to stay the execution of a
18 death sentence. If the supreme court stays the execution of a death
19 sentence, the supreme court shall order a new date for the defendant's
20 execution.
21 (i) If a person sentenced to death by a court files a petition for
22 post-conviction relief, the court, not later than ninety (90) days after the
23 date the petition is filed, shall set a date to hold a hearing to consider
24 the petition. If a court does not, within the ninety (90) day period, set
25 the date to hold the hearing to consider the petition, the court's failure
26 to set the hearing date is not a basis for additional post-conviction
27 relief. The attorney general shall answer the petition for post-conviction
28 relief on behalf of the state. At the request of the attorney general, a
29 prosecuting attorney shall assist the attorney general. The court shall
30 enter written findings of fact and conclusions of law concerning the
31 petition not later than ninety (90) days after the date the hearing
32 concludes. However, if the court determines that the petition is without
33 merit, the court may dismiss the petition within ninety (90) days
34 without conducting a hearing under this subsection.
35 (j) A death sentence is subject to automatic review by the supreme
36 court. The review, which shall be heard under rules adopted by the
37 supreme court, shall be given priority over all other cases. The supreme
38 court's review must take into consideration all claims that the:
39 (1) conviction or sentence was in violation of the:
40 (A) Constitution of the State of Indiana; or
41 (B) Constitution of the United States;
42 (2) sentencing court was without jurisdiction to impose a
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1 sentence; and
2 (3) sentence:
3 (A) exceeds the maximum sentence authorized by law; or
4 (B) is otherwise erroneous.
5 If the supreme court cannot complete its review by the date set by the
6 sentencing court for the defendant's execution under subsection (h), the
7 supreme court shall stay the execution of the death sentence and set a
8 new date to carry out the defendant's execution.
9 (k) A person who has been sentenced to death and who has
10 completed state post-conviction review proceedings may file a written
11 petition with the supreme court seeking to present new evidence
12 challenging the person's guilt or the appropriateness of the death
13 sentence if the person serves notice on the attorney general. The
14 supreme court shall determine, with or without a hearing, whether the
15 person has presented previously undiscovered evidence that
16 undermines confidence in the conviction or the death sentence. If
17 necessary, the supreme court may remand the case to the trial court for
18 an evidentiary hearing to consider the new evidence and its effect on
19 the person's conviction and death sentence. The supreme court may not
20 make a determination in the person's favor nor make a decision to
21 remand the case to the trial court for an evidentiary hearing without
22 first providing the attorney general with an opportunity to be heard on
23 the matter.
24 (l) Before a sentence may be imposed under this section, the jury,
25 in a proceeding under subsection (e), or the court, in a proceeding
26 under subsection (g), must find that:
27 (1) the state has proved beyond a reasonable doubt that at least
28 one (1) of the aggravating circumstances listed in subsection (b)
29 exists; and
30 (2) any mitigating circumstances that exist are outweighed by the
31 aggravating circumstance or circumstances.
32 SECTION 55. IC 35-50-2-17, AS ADDED BY P.L.104-2013,
33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 17. Notwithstanding any other provision of this
35 chapter, if
36 (1) an offender is:
37 (A) (1) less than eighteen (18) years of age;
38 (B) (2) waived to a court with criminal jurisdiction under
39 IC 31-30-3 because the offender committed an act that would be
40 a felony if committed by an adult; and
41 (C) (3) convicted of committing the felony or enters a plea of
42 guilty to committing the felony; or
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1 (2) an offender is:
2 (A) less than eighteen (18) years of age;
3 (B) charged with a felony over which a juvenile court does not
4 have jurisdiction under IC 31-30-1-4; and
5 (C) convicted of committing the felony by a court with
6 criminal jurisdiction or enters a plea of guilty to committing
7 the felony with the court;
8 the court may impose a sentence upon the conviction of the offender
9 under IC 31-30-4 concerning sentencing alternatives for certain
10 offenders under criminal court jurisdiction.
11 SECTION 56. IC 36-2-16.5-6, AS ADDED BY P.L.220-2011,
12 SECTION 646, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) Except as provided in
14 subsection (b), the administrative fees deposited into:
15 (1) the county supplemental juvenile probation services fund
16 under IC 31-40-2-1;
17 (2) (1) the county supplemental adult probation services fund
18 under IC 35-38-2-1(f); and
19 (3) (2) the local supplemental adult probation services fund under
20 IC 35-38-2-1(g);
21 shall be used to pay for salary increases required under the salary
22 schedule adopted under this chapter and IC 11-13-1-8 that became
23 effective January 1, 2004.
24 (b) Administrative fees collected that exceed the amount required
25 to pay for salary increases required under the salary schedule adopted
26 under this chapter and IC 11-13-1-8 may be used in any manner
27 permitted under IC 31-40-2-2, IC 35-38-2-1(f), or IC 35-38-2-1(j).
28 SECTION 57. [EFFECTIVE JULY 1, 2022] (a) The legislative
29 council is urged to assign to an appropriate interim study
30 committee for study during the 2022 legislative interim the topic of
31 collection and distribution of court cost fees under IC 33-37,
32 including the following:
33 (1) The distribution of fees from circuit, superior, municipal,
34 and probate courts under IC 33-37-7-2, IC 33-37-7-4, and
35 IC 33-37-7-6, all as amended by this act.
36 (2) The distribution of fees from city and town courts
37 according to IC 33-37-7-8, as amended by this act.
38 (3) The amount distributed to the treasurer of state under
39 IC 33-37-7-9.
40 (4) The effect of eliminating or consolidating certain court
41 cost fees for indigent defendants.
42 (5) The fiscal effect of replacing certain court cost fees with an
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1 appropriation from the state general fund or other sources of
2 funding.
3 (b) This SECTION expires December 31, 2022.
4 SECTION 58. [EFFECTIVE JUNE 30, 2022] (a) Any balance
5 remaining on June 30, 2022, in the division of youth services
6 transitional fund established by IC 11-10-2-11, before its repeal by
7 this act, shall be transferred to the state general fund on June 30,
8 2022.
9 (b) This SECTION expires August 1, 2022.
10 SECTION 59. An emergency is declared for this act.
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