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 6462 NOTE PREPARED: Dec 15, 2023
BILL NUMBER: HB 1088 BILL AMENDED:
SUBJECT: Bias Crimes.
FIRST AUTHOR: Rep. Pack BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill adds gender identity to the definition of "bias crime".
Effective Date: July 1, 2024.
Explanation of State Expenditures: Depending on the felony level, this bill could increase the length of
confinement that a person would stay in a state facility. IC 10-13-3-1 currently defines bias crimes as
personal injury or property damage that a person knowingly or intentionally commits because of the victim’s
color, creed, disability, national origin, race, religion, or sexual orientation.
When determining a sentence to impose for a crime, the sentencing court may consider whether one of the
current aggravating circumstances existed to increase the length of the sentence from an advisory to the
maximum.
The following table illustrates the advisory and maximum lengths of stay by Murder and the six felony levels.
Expected Length of Stay Adjusting for Good Time Credit
Murder Level 1Level 2Level 3Level 4Level 5Level 6
Advisory41.3 years22.5 years13.1 years6.8 years4.5 years2.3 years6 months
Maximum48.8 years30 years22.5 years12 years9 years4.5 years15 months
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
HB 1088 1 $12.21 daily, per prisoner. The 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 annually, or $308.43 daily, in FY 2023. The
marginal cost for juvenile facilities was $6,325 annually or $17.33 daily.
Explanation of State Revenues:
Explanation of Local Expenditures: Either a trial or plea agreement proceedings may be extended if the
prosecuting attorney is proving that person committed the offense with bias due to the victim’s gender
identity. If the defendant is in jail during the trial, any extension could increase the costs of pretrial
confinement.
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:
State Agencies Affected: Department of Correction.
Local Agencies Affected: Prosecuting attorneys, local law enforcement agencies, courts with criminal
jurisdiction.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1088 2