LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6276 NOTE PREPARED: Nov 30, 2023
BILL NUMBER: HB 1057 BILL AMENDED:
SUBJECT: Offender Against Children Residency Restrictions.
FIRST AUTHOR: Rep. Olthoff BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that an offender against children who knowingly or
intentionally resides within 1,000 feet of certain areas owned, maintained, and governed by a homeowners
association or property owner's association commits a sex offender residency offense, a Level 6 felony. It
also provides an exception.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Minor Increase in DOC Facility Population – A Level 6 felony is
punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of 1 year. The sentence
depends on mitigating and aggravating circumstances. The average expenditure to house an adult offender
was $28,110 annually, or $76.96 daily, in FY 2023. (This does not include the cost of new construction.) If
offenders can be housed in existing facilities with no additional staff, the marginal cost for medical care,
food, and clothing is approximately $4,456 annually, or $12.21 daily, per prisoner. These marginal cost
estimates are based on contractual agreements with food and medical vendors and projections based on prior
years for clothing and hygiene. The estimated average cost of housing a juvenile in a state juvenile facility
was $112,655, or $308.43 daily, in FY 2023. The marginal cost for juvenile facilities was $6,325 annually
or $17.33 daily
The entire Level 6 sentence may be suspended and the person placed on either probation or community
correction. If no time is suspended, the offender can receive good time credit of 50% and educational credit
time. After adjusting for credit time, the offender can be released from prison and placed on parole.
Additional Information – Between FY 2013 and 2022, 64 persons have been convicted and sentenced for a
HB 1057 1 sex offender residency offense for an average six persons per year. Of these 64 persons, there was sentencing
information on 10 persons. None of these 10 persons were committed to a DOC facility.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both
the Common School Fund and the state General Fund would increase. The maximum fine for a Level 6
felony is $10,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case
would range between $113 and $135. The amount of court fees deposited will vary depending on whether
the case is filed in a court of record or a municipal court. The following linked document describes the fees
and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: There would likely be a minimal increase in the pretrial jail population
and persons in community supervision programs. If more defendants are detained in county jails prior to their
court hearings, local expenditures for jail operations may increase. The average cost per day is approximately
$64.53 based on the per diem payments reported by U.S. Marshals to house federal prisoners in 11 county
jails across Indiana during CY 2021.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service; Abstracts
of Judgment, Indiana Supreme Court
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1057 2