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 6290 NOTE PREPARED: Jan 29, 2024
BILL NUMBER: HB 1203 BILL AMENDED: Jan 25, 2024
SUBJECT: Listing of Xylazine as a Controlled Substance.
FIRST AUTHOR: Rep. Meltzer BILL STATUS: 2
nd
Reading - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It makes possession of xylazine a Class A misdemeanor, and increases the penalty to a Level 6
felony if the person has a prior unrelated conviction for possession of xylazine.
B. It exempts certain persons using, distributing, or manufacturing xylazine for veterinary purposes.
Effective Date: July 1, 2024.
Explanation of State Expenditures: While OFMA has no information on the number of persons who have
been convicted and sentenced for either dealing or possessing this substance, it is expected that this bill
would have a minor increase on DOC’s offender population. [Xylazine is a sedative that is used in veterinary
clinics.]
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
HB 1203 1 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.
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 and the maximum fine for a Class A misdemeanor is $5,000. 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. Persons convicted of either felonies or misdemeanors pay the same fees.
Explanation of Local Expenditures: Jail populations may increase due to this bill if more defendants are
detained in county jails prior to their court hearings or if these persons are sentenced to a county jail after
conviction. A Class A misdemeanor is punishable by up to one year in jail. 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.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1203 2