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 6072 NOTE PREPARED: Mar 8, 2024
BILL NUMBER: SB 23 BILL AMENDED: Feb 22, 2024
SUBJECT: Damage to a Penal Facility.
FIRST AUTHOR: Sen. Becker BILL STATUS: Enrolled
FIRST SPONSOR: Rep. Gore
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill makes damaging a penal facility or a fixture or equipment in a penal
facility a Level 6 felony.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Any increase in the Department of Correction’s population would
likely be minor depending on whether the person who does the damage is already incarcerated. An average
7% of persons who were convicted of a Level 6 felony are committed to a DOC facility who are not already
incarcerated.
Under current law, the criminal penalty for damaging property in a penal facility could be either a Class A
or B misdemeanor, depending on the level of damage. The bill makes any damage to a penal facility a Level
6 felony. State expenditures could increase if an offender is incarcerated in a state prison rather than in a
local jail.
A Level 6 felony is punishable by a prison term ranging between 6 to 30 months, with an advisory sentence
of 1 year. The period of incarceration will depend upon mitigating and aggravating circumstances. The
average expenditure to house an adult offender was $28,110, 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 incremental cost per offender for medical care, food, and clothing is approximately $4,456 annually, or
$12.21 daily.
The estimated average cost of housing a juvenile in a state juvenile facility was $112,655 or $308.43 per day
SB 23 1 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 and 25% good
time credit for a Level 5 felony. After adjusting for credit time, the offender can be released from prison and
placed on parole.
Explanation of State Revenues: More revenue to the Common School Fund could be collected if a larger
criminal fine is assessed by the sentencing court. The maximum fine for a Class A misdemeanor is $5,000,
while the maximum fine for any felony is $10,000. Court fees for both misdemeanors and felonies are the
same.
Explanation of Local Expenditures: If a person is sentenced to state prison rather than to a county jail, the
costs to the county may be reduced. The maximum term of imprisonment for a Class A misdemeanor is up
to one year. The average cost per day to incarcerate a prisoner is $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: Court fees for misdemeanors and felonies are identical.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources: U.S. Department of Justice Marshals Service.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
SB 23 2