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: Mar 6, 2024
BILL NUMBER: HB 1203 BILL AMENDED: Feb 19, 2024
SUBJECT: Listing of Xylazine as a Controlled Substance.
FIRST AUTHOR: Rep. Meltzer BILL STATUS: Enrolled
FIRST SPONSOR: Sen. Johnson T
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 xylazine related conviction.
B. It makes dealing in xylazine a Level 5 felony, and increases the penalty to a Level 4 felony if the
person has a prior xylazine related conviction.
C. 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.]
The following table shows the minimum, advisory and maximum sentences for each felony level as well as
the percentage of persons who have been committed to DOC facilities for each of these felony levels and the
average sentence. These sentences depend on mitigating and aggravating circumstances.
MinimumAdvisoryMaximum
Percent Committed
to DOC
Average Prison
Sentence (years)
Level 4 2 years 6 years 12 years 62% 5
Level 5 1 years 3 years 6 years 42% 2.6
Level 6 6 mos. 1 year 30 months 7% 1.5
HB 1203 1 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 sentence for Level 4, 5 and 6 felonies 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 if the person was sentenced for a Level 6 felony and 25% for either a Level 4 or 5
felony. 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 any 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 higher percentage of persons will be confined to a county jail prior to trial if they are charged
with a Level 4 felony than either a Level 5 or 6 felony. 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;
Abstracts of Judgment, Indiana Supreme Court
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1203 2