*HB1208.1*
January 28, 2025
HOUSE BILL No. 1208
_____
DIGEST OF HB 1208 (Updated January 28, 2025 10:42 am - DI 116)
Citations Affected: IC 5-11; IC 36-8.
Synopsis: Administration of sheriff's commissary fund. Requires the
state board of accounts to establish annual or biennial training
requirements for a sheriff and the sheriff's designee responsible for the
oversight or administration of a jail commissary fund (fund). Requires
a sheriff to provide a copy of the record of receipts and disbursements
for the fund to the county fiscal body at least quarterly. (Current law
requires the sheriff to provide a copy of the record of receipts and
disbursements for the fund to the county fiscal body semiannually.)
Provides that the fund may be used to pay for an audit or review of the
fund by an independent certified public accountant for years in which
the fund is not audited by the state board of accounts or otherwise
required to be audited by an independent certified public accountant in
a manner approved by the state board of accounts.
Effective: July 1, 2025.
Steuerwald, Lehman, May, Gore
January 8, 2025, read first time and referred to Committee on Local Government.
January 28, 2025, amended, reported — Do Pass.
HB 1208—LS 7116/DI 116 January 28, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1208
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-11-14.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 14.5. Training for Sheriffs and Designated Personnel
5 for Oversight of Jail Commissary Funds
6 Sec. 1. As used in this chapter, "fund" refers to a jail
7 commissary fund established by IC 36-8-10-21.
8 Sec. 2. As used in this chapter, "sheriff's designee" refers to a
9 sheriff's designee, if applicable, who is responsible for the oversight
10 or administration of a fund.
11 Sec. 3. (a) The state board of accounts shall establish training
12 requirements for a county sheriff and the sheriff's designee
13 pertaining to the following:
14 (1) The proper use of forms prescribed by the state board of
15 accounts.
16 (2) The keeping of the records for the fund.
17 (3) Best practices for financial management of the fund.
HB 1208—LS 7116/DI 116 2
1 (b) The state board of accounts may require the training
2 requirements to be completed annually or biennially. The training
3 may be fulfilled by:
4 (1) in-person training seminars;
5 (2) Internet based seminars;
6 (3) participation through video conferences; or
7 (4) other appropriate methods.
8 SECTION 2. IC 36-8-10-21, AS AMENDED BY P.L.216-2007,
9 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 21. (a) This section applies to any county that has
11 a jail commissary that sells merchandise to inmates.
12 (b) A jail commissary fund is established, referred to in this section
13 as "the fund". The fund is separate from the general fund, and money
14 in the fund does not revert to the general fund.
15 (c) The sheriff, or the sheriff's designee, shall deposit all money
16 from commissary sales into the fund, which the sheriff or the sheriff's
17 designee shall keep in a depository designated under IC 5-13-8.
18 (d) The sheriff, or the sheriff's designee, at the sheriff's or the
19 sheriff's designee's discretion and without appropriation by the county
20 fiscal body, may disburse money from the fund for:
21 (1) merchandise for resale to inmates through the commissary;
22 (2) expenses of operating the commissary, including, but not
23 limited to, facilities and personnel;
24 (3) special training in law enforcement for employees of the
25 sheriff's department;
26 (4) equipment installed in the county jail;
27 (5) equipment, including vehicles and computers, computer
28 software, communication devices, office machinery and
29 furnishings, cameras and photographic equipment, animals,
30 animal training, holding and feeding equipment and supplies, or
31 attire used by an employee of the sheriff's department in the
32 course of the employee's official duties;
33 (6) an activity provided to maintain order and discipline among
34 the inmates of the county jail;
35 (7) an activity or program of the sheriff's department intended to
36 reduce or prevent occurrences of criminal activity, including the
37 following:
38 (A) Substance abuse.
39 (B) Child abuse.
40 (C) Domestic violence.
41 (D) Drinking and driving.
42 (E) Juvenile delinquency;
HB 1208—LS 7116/DI 116 3
1 (8) expenses related to the establishment, operation, or
2 maintenance of the sex and violent offender registry web site
3 website under IC 36-2-13-5.5; or
4 (9) an audit or review of the fund by an independent certified
5 public accountant for years the fund is not included in an
6 audit under IC 5-11-1-24.4 or IC 5-11-1-25; or
7 (9) (10) any other purpose that benefits the sheriff's department
8 that is mutually agreed upon by the county fiscal body and the
9 county sheriff.
10 Money disbursed from the fund under this subsection must be
11 supplemental or in addition to, rather than a replacement for, regular
12 appropriations made to carry out the purposes listed in subdivisions (1)
13 through (8).
14 (e) The sheriff shall maintain a record of the fund's receipts and
15 disbursements. The state board of accounts shall prescribe the form for
16 this record. The sheriff shall semiannually provide a copy of this record
17 of receipts and disbursements to the county fiscal body at least
18 quarterly. The semiannual reports are due on July 1 and December 31
19 of each year. within fifteen (15) days of the following dates each
20 year:
21 (1) March 31.
22 (2) June 30.
23 (3) September 30.
24 (4) December 31.
HB 1208—LS 7116/DI 116 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Local Government, to which was
referred House Bill 1208, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 3, line 17, delete "three" and insert "quarterly.".
Page 3, line 18, delete "(3) times annually.".
Page 3, line 18, strike "on".
Page 3, line 18, delete "April 30,".
Page 3, line 19, delete "August 30,".
Page 3, line 19, strike "and December 31 of each year." and insert
"within fifteen (15) days of the following dates each year:
(1) March 31.
(2) June 30.
(3) September 30.
(4) December 31.".
and when so amended that said bill do pass.
(Reference is to HB 1208 as introduced.)
MAY
Committee Vote: yeas 10, nays 0.
HB 1208—LS 7116/DI 116