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 6885 NOTE PREPARED: Jan 2, 2024
BILL NUMBER: HB 1218 BILL AMENDED:
SUBJECT: Indecent Displays by Incarcerated Individuals.
FIRST AUTHOR: Rep. Heaton BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill creates the crime of indecent exposure in a penal facility, a Class C
misdemeanor.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Individuals who are incarcerated in a DOC facility may be confined
for a longer period of time if found guilty of this new misdemeanor. Any additional expenditures are likely
to be minimal.
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 Class C
misdemeanor is $500. 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: A Class C misdemeanor is punishable by up to 60 days in jail. The
average cost per day to incarcerate a prisoner 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
HB 1218 1 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:
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1218 2