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 6747 NOTE PREPARED: Dec 28, 2023
BILL NUMBER: HB 1307 BILL AMENDED:
SUBJECT: Sex Offenders.
FIRST AUTHOR: Rep. Smaltz BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. Lifetime Registration – It specifies that a person required to register as a sex offender in another
jurisdiction who moves to Indiana is required to register for life in Indiana.
B. New Penalties – It prohibits a serious sex offender from entering a public park while a child is
present, makes a violation a Class A misdemeanor, and increases the penalty to a Level 6 felony for
a subsequent offense.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Lifetime Registration – Any effect on the workload of DOC’s staff who
administer the state sex offender registry would depend on whether this life time registration requirement
applies to persons who transferred into Indiana from other states prior to the effective date or whether this
requirement would apply only to persons who move to Indiana after July 1, 2024.
There were 11,031 offenders in the registry on November 2, 2023, and DOC estimates that 2,255 of these
persons are from other states. DOC reports that there are four state employees and six contract employees
who work in the group. The table contains the number of persons who move into Indiana and are required
to be on the sex offender registry for the four most recent calendar years as reported by DOC.
HB 1307 1 Persons Transferring into Indiana
and Required to Register as a Sex Offender
CY 2020 397 (Likely Significantly Impacted by COVID)
CY 2021 747
CY 2022 525
CY 2023 469 (through 11/2/23)
Source: U.S. Department of Justice, Sex Offender Registration Notification Act
Exchange Portal
If all 2,255 persons who transferred into Indiana as sex offenders from other states were required to register
for their lifetime, staff in DOC would be required to contact each of these persons within a certain period
of time to inform them about this new requirement. Depending on how quickly these persons would need to
be informed, this requirement could add a significant workload to DOC. The workload on the DOC staff
would not be as significant if the lifetime requirement would apply only to the persons moving into Indiana
after the effective date.
New Penalties – 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.
Explanation of State Revenues: New Penalties – 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.
Explanation of Local Expenditures: Lifetime Registry – Depending on the county, this requirement could
increase the workload of some county sheriffs more than others. OFMA cannot determine whether what the
increase in the workload would be for each county sheriff.
New Penalties – If more defendants are detained in county jails prior to their court hearings, local
expenditures for jail operations may increase. 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
HB 1307 2 to house federal prisoners in 11 county jails across Indiana during CY 2021.
Explanation of Local Revenues: New Penalties – 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; SORNA
(Sex Offender Registration and Notification Act) Exchange Portal
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1307 3