LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSISFISCAL IMPACT
STATEMENT
LS 6470 NOTE PREPARED: Jan 16, 2025
BILL NUMBER: HB 1030 BILL AMENDED:
SUBJECT: Repeal of the Death Penalty.
FIRST AUTHOR: Rep. Morris BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
Repeals Death Sentence Statute: It repeals the law concerning the imposition and execution of death
sentences and makes conforming amendments.
Persons on Death Row: It specifies that if a person was sentenced to death and is awaiting execution of the
death sentence, the person's death sentence is commuted to a sentence of life imprisonment without parole.
Current Death Penalty Trials: It provides that when a defendant is charged with a murder for which the state
seeks a sentence of life imprisonment without parole, the defendant may file a petition alleging that the
defendant is an individual with an intellectual disability.
Intellectual Disability: It provides that if a defendant who is determined to be an individual with an
intellectual disability is convicted of murder, the court may sentence the defendant only to a fixed term of
imprisonment.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Summary - This bill would affect 4 distinct populations: the 7 offenders
who are currently on death row; 4 defendants in active death penalty cases as of January 1, 2025; an
indeterminable number of defendants with intellectual disabilities; and future defendants in murder cases
with certain aggravating factors. Both the state General Fund which pays for the costs of housing offenders
in the Department of Correction (DOC) facilities and the Public Defense Fund which reimburses counties
for qualified expenses of providing criminal defense for indigent defendants would be affected by this bill.
Assuming that the 7 persons who are on death row now would be resentenced to life without parole and the
4 persons who are currently in death penalty cases are sentenced to life imprisonment without parole, the
costs for the DOC are estimated to be an additional $56,628 per year using a marginal cost of $4,719 held
HB 1030 1 constant over the next 5 years.
2026 2027 2028 2029 2030
Offenders on Death Row$37,752$37,752$37,752$37,752$37,752
Defendants on Trial $18,876$18,876$18,876$18,876$18,876
Added Costs to DOC $56,628$56,628$56,628$56,628$56,628
Any savings to the Public Defense Fund from the defendants who are currently in death penalty trials would
depend on how far each trial has progressed. If these cases are still in their initial stages, the state could save
an estimated $340,582 for each person who is currently on trial. However, this estimate does not include
significant expenses for Marion County due to salaried staff. These savings would come from two sources:
(1) death penalty trials require two attorneys to represent the defendant and (2) the Public Defense Fund
reimburses the counties for 50% of qualified expenses for death penalty trials and 40% when the most serious
punishment would be life without parole.
Additional Information -
Offenders on Death Row: Seven persons were on death row on January 1, 2025. For these offenders, this bill
will increase state General Fund expenditures to house them until they die in prison by natural death. At this
time, all 7 of these defendants have exhausted their appeals at the state level and are currently in different
stages of appeals at the federal level. If DOC secures the necessary drugs and can execute these persons in
the next 2 to 5 years after exhausting all appeals, the added costs to DOC expenditures to house these persons
would be between $1.01 M and $1.16 M assuming the offenders live to 75 years of age.
To estimate the added costs of incarceration, OFMA used DOC’s reported marginal cost for each offender
(the costs of meals, hygiene, uniforms, and medical costs). Medical costs were increased for each offender
based on age. These costs were adjusted for inflation in future years and then expressed as a net present
value.
Defendants Awaiting Trial: Four persons are currently defendants in death penalty trials on January 1, 2025.
If these defendants were sentenced to life without parole as the most serious sentence, the state could spend
about $73,000 more in confining these persons for life than if they were sentenced to death. This added cost
would be offset by a savings to the State Public Defense Fund of about $887,000 in criminal defense
expenses based on the average costs savings of $218,000 per defendant. This is using a net present value of
the entire life of these offenders.
Intellectual Disability: Persons determined to have an intellectual disability are not eligible for the death
penalty but can be given a sentence of life without parole. Limiting the sentencing option to a fixed term for
persons with an intellectual disability could increase the cost of confinement but reduce the costs of criminal
defense for indigent defendants. The State Public Defense Fund spends on average $7,800 less if the person
receives a term of years rather than a life sentence.
The number of persons who have presented an intellectual disability as a defense or mitigating factor is not
known.
HB 1030 2 Average Cost for Confinement and Legal Representation of Criminal Defendants
Who Were Eligible for the Death Penalty in Murder Trials Between 1995 and 2020
All Costs are Stated in 2021 Dollars
Original
Request
Number of
Cases
Average Cost of
Incarceration Per
Case*
State
Reimbursement
to Counties
Average Cost to
State Public
Defense Fund
Combined Costs
Death 46 $267,458 50% $235,909 $503,367
Life Without
Parole
34 $294,371 40% $17,849 $312,220
Fixed Term 171 $297,401 40% $10,011 $307,412
*Stated as a Net Present Value
The Public Defense Fund reimburses counties for the following costs of providing indigent defense services:
attorney fees, investigations, expert witnesses, paralegals, transcript costs, and costs of direct appeals.
For death penalty cases, counties are reimbursed for 50% of these costs. For cases that are not death penalty
murder cases, counties are reimbursed for 40% of their costs when the county complies with the noncapital
standards adopted by the Commission on Court Appointed Attorneys.
Explanation of State Revenues:
Explanation of Local Expenditures: If the most serious punishment was life without parole instead of
capital punishment, in each case, counties could avoid spending on average at least $310,000 for criminal
defense of indigent defendants and $45,700 if there is a jury trial.
Defendants Awaiting Trial: Depending on how far these four death penalty cases have progressed, counties
could avoid the costs of more expensive jury trials, additional attorneys fees, and appeal costs. For the
counties in which death penalty cases have been requested for the four defendants, the potential savings for
indigent criminal defense for all four cases could be at least $830,000 if the most serious punishment is life
without parole.
Intellectual Disability: If a fixed term is the only sentencing option in murder cases in which the defendant
has been determined to have an intellectual disability, the county in which the trial is occurring could save
an estimated $2,120 for a trial and $11,700 if the county is required to pay for indigent criminal defense.
Original
Request
Number of
Cases in 2021
Average Cost
of Jury Trials
County ShareAverage Costs
for Indigent
Criminal
Defense
Combined
Costs
Death 46 $54,113 50% $235,909 $290,022
Life Without
Parole
34 $9,399 60% $26,774 $36,173
Fixed Term 171 $7,279 60% $15,017 $22,296
HB 1030 3 Explanation of Local Revenues:
State Agencies Affected: Department of Correction; State Public Defender; Office of the Attorney General;
Public Defender Commission; Division of State Court Administration, Indiana Supreme Court.
Local Agencies Affected: Trial courts; Prosecuting attorneys; County sheriffs; Local law enforcement
agencies.
Information Sources: Department of Correction; Public Defense Fund; OFMA’s 2020 Survey of Counties;
Indiana Public Defenders Council; Health Expenditures by Age and Gender https://www.cms.gov/Research-
Statistics-Data-and-Systems/Statistics-Trends-and- Reports/NationalHealthExpendData/Age-and-Gender
Bureau of Labor Statistics web site; Market Yield on U.S. Treasury Securities at 30-Year Constant Maturity,
Percent, Daily, Not Seasonally Adjusted; IndyStar, Indiana Death Row,
https://www.indystar.com/story/news/investigations/2020/07/08/indiana-death-row-eight-killers-await-de
ath-penalty/5383268002/.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1030 4