Indiana 2025 Regular Session

Indiana House Bill HB1208 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1208.1
	2	+	March 11, 2025
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1208
	5	+	_____
	6	+	DIGEST OF HB 1208 (Updated March 6, 2025 1:15 pm - DI 87)
	7	+	Citations Affected: IC 5-11; IC 36-8.
	8	+	Synopsis: Administration of sheriff's commissary fund. Requires the
	9	+	state board of accounts to establish annual or biennial training
	10	+	requirements for a sheriff and the sheriff's designee responsible for the
	11	+	oversight or administration of a jail commissary fund (fund). Requires
	12	+	a sheriff to provide a copy of the record of receipts and disbursements
	13	+	for the fund to the county fiscal body on a quarterly basis. (Current law
	14	+	requires the sheriff to provide a copy of the record of receipts and
	15	+	disbursements for the fund to the county fiscal body semiannually.)
	16	+	Provides that the fund may be used to pay for an audit or review of the
	17	+	fund by an independent certified public accountant for years in which
	18	+	the fund is not audited by the state board of accounts or otherwise
	19	+	required to be audited by an independent certified public accountant in
	20	+	a manner approved by the state board of accounts.
	21	+	Effective: July 1, 2025.
	22	+	Steuerwald, Lehman, May, Gore
	23	+	(SENATE SPONSOR — CLARK)
	24	+	January 8, 2025, read first time and referred to Committee on Local Government.
	25	+	January 28, 2025, amended, reported — Do Pass.
	26	+	January 30, 2025, read second time, ordered engrossed.
	27	+	January 31, 2025, engrossed.
	28	+	February 3, 2025, read third time, passed. Yeas 87, nays 0.
	29	+	SENATE ACTION
	30	+	February 18, 2025, read first time and referred to Committee on Local Government.
	31	+	March 10, 2025, amended, reported favorably — Do Pass.
	32	+	EH 1208—LS 7116/DI 116 March 11, 2025
1	33		First Regular Session of the 124th General Assembly (2025)
2	34		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	35		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	36		additions will appear in this style type, and deletions will appear in this style type.
5	37		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	38		provision adopted), the text of the new provision will appear in this style type. Also, the
7	39		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	40		a new provision to the Indiana Code or the Indiana Constitution.
9	41		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	42		between statutes enacted by the 2024 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1208
12		-	AN ACT to amend the Indiana Code concerning local government.
	43	+	ENGROSSED
	44	+	HOUSE BILL No. 1208
	45	+	A BILL FOR AN ACT to amend the Indiana Code concerning local
	46	+	government.
13	47		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 5-11-14.5 IS ADDED TO THE INDIANA CODE
15		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2025]:
17		-	Chapter 14.5. Training for Sheriffs and Designated Personnel
18		-	for Oversight of Jail Commissary Funds
19		-	Sec. 1. As used in this chapter, "fund" refers to a jail
20		-	commissary fund established by IC 36-8-10-21.
21		-	Sec. 2. As used in this chapter, "sheriff's designee" refers to a
22		-	sheriff's designee, if applicable, who is responsible for the oversight
23		-	or administration of a fund.
24		-	Sec. 3. (a) The state board of accounts shall establish training
25		-	requirements for a county sheriff and the sheriff's designee
26		-	pertaining to the following:
27		-	(1) The proper use of forms prescribed by the state board of
28		-	accounts.
29		-	(2) The keeping of the records for the fund.
30		-	(3) Best practices for financial management of the fund.
31		-	(b) The state board of accounts may require the training
32		-	requirements to be completed annually or biennially. The training
33		-	may be fulfilled by:
34		-	(1) in-person training seminars;
35		-	(2) Internet based seminars;
36		-	HEA 1208 — Concur 2
37		-	(3) participation through video conferences; or
38		-	(4) other appropriate methods.
39		-	SECTION 2. IC 36-8-10-21, AS AMENDED BY P.L.216-2007,
40		-	SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41		-	JULY 1, 2025]: Sec. 21. (a) This section applies to any county that has
42		-	a jail commissary that sells merchandise to inmates.
43		-	(b) A jail commissary fund is established, referred to in this section
44		-	as "the fund". The fund is separate from the general fund, and money
45		-	in the fund does not revert to the general fund.
46		-	(c) The sheriff, or the sheriff's designee, shall deposit all money
47		-	from commissary sales into the fund, which the sheriff or the sheriff's
48		-	designee shall keep in a depository designated under IC 5-13-8.
49		-	(d) The sheriff, or the sheriff's designee, at the sheriff's or the
50		-	sheriff's designee's discretion and without appropriation by the county
51		-	fiscal body, may disburse money from the fund for:
52		-	(1) merchandise for resale to inmates through the commissary;
53		-	(2) expenses of operating the commissary, including, but not
54		-	limited to, facilities and personnel;
55		-	(3) special training in law enforcement for employees of the
56		-	sheriff's department;
57		-	(4) equipment installed in the county jail;
58		-	(5) equipment, including vehicles and computers, computer
59		-	software, communication devices, office machinery and
60		-	furnishings, cameras and photographic equipment, animals,
61		-	animal training, holding and feeding equipment and supplies, or
62		-	attire used by an employee of the sheriff's department in the
63		-	course of the employee's official duties;
64		-	(6) an activity provided to maintain order and discipline among
65		-	the inmates of the county jail;
66		-	(7) an activity or program of the sheriff's department intended to
67		-	reduce or prevent occurrences of criminal activity, including the
68		-	following:
69		-	(A) Substance abuse.
70		-	(B) Child abuse.
71		-	(C) Domestic violence.
72		-	(D) Drinking and driving.
73		-	(E) Juvenile delinquency;
74		-	(8) expenses related to the establishment, operation, or
75		-	maintenance of the sex and violent offender registry web site
76		-	website under IC 36-2-13-5.5; or
77		-	(9) an audit or review of the fund by an independent certified
78		-	public accountant for years the fund is not included in an
79		-	HEA 1208 — Concur 3
80		-	audit under IC 5-11-1-24.4 or IC 5-11-1-25; or
81		-	(9) (10) any other purpose that benefits the sheriff's department
82		-	that is mutually agreed upon by the county fiscal body and the
83		-	county sheriff.
84		-	Money disbursed from the fund under this subsection must be
85		-	supplemental or in addition to, rather than a replacement for, regular
86		-	appropriations made to carry out the purposes listed in subdivisions (1)
87		-	through (8).
88		-	(e) The sheriff shall maintain a record of the fund's receipts and
89		-	disbursements. The state board of accounts shall prescribe the form for
90		-	this record. The sheriff shall semiannually provide a copy of this record
91		-	of receipts and disbursements to the county fiscal body The semiannual
92		-	reports are due on July 1 and December 31 of each year. not later than
93		-	the following dates:
	48	+	1 SECTION 1. IC 5-11-14.5 IS ADDED TO THE INDIANA CODE
	49	+	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	50	+	3 JULY 1, 2025]:
	51	+	4 Chapter 14.5. Training for Sheriffs and Designated Personnel
	52	+	5 for Oversight of Jail Commissary Funds
	53	+	6 Sec. 1. As used in this chapter, "fund" refers to a jail
	54	+	7 commissary fund established by IC 36-8-10-21.
	55	+	8 Sec. 2. As used in this chapter, "sheriff's designee" refers to a
	56	+	9 sheriff's designee, if applicable, who is responsible for the oversight
	57	+	10 or administration of a fund.
	58	+	11 Sec. 3. (a) The state board of accounts shall establish training
	59	+	12 requirements for a county sheriff and the sheriff's designee
	60	+	13 pertaining to the following:
	61	+	14 (1) The proper use of forms prescribed by the state board of
	62	+	15 accounts.
	63	+	16 (2) The keeping of the records for the fund.
	64	+	17 (3) Best practices for financial management of the fund.
	65	+	EH 1208—LS 7116/DI 116 2
	66	+	1 (b) The state board of accounts may require the training
	67	+	2 requirements to be completed annually or biennially. The training
	68	+	3 may be fulfilled by:
	69	+	4 (1) in-person training seminars;
	70	+	5 (2) Internet based seminars;
	71	+	6 (3) participation through video conferences; or
	72	+	7 (4) other appropriate methods.
	73	+	8 SECTION 2. IC 36-8-10-21, AS AMENDED BY P.L.216-2007,
	74	+	9 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	75	+	10 JULY 1, 2025]: Sec. 21. (a) This section applies to any county that has
	76	+	11 a jail commissary that sells merchandise to inmates.
	77	+	12 (b) A jail commissary fund is established, referred to in this section
	78	+	13 as "the fund". The fund is separate from the general fund, and money
	79	+	14 in the fund does not revert to the general fund.
	80	+	15 (c) The sheriff, or the sheriff's designee, shall deposit all money
	81	+	16 from commissary sales into the fund, which the sheriff or the sheriff's
	82	+	17 designee shall keep in a depository designated under IC 5-13-8.
	83	+	18 (d) The sheriff, or the sheriff's designee, at the sheriff's or the
	84	+	19 sheriff's designee's discretion and without appropriation by the county
	85	+	20 fiscal body, may disburse money from the fund for:
	86	+	21 (1) merchandise for resale to inmates through the commissary;
	87	+	22 (2) expenses of operating the commissary, including, but not
	88	+	23 limited to, facilities and personnel;
	89	+	24 (3) special training in law enforcement for employees of the
	90	+	25 sheriff's department;
	91	+	26 (4) equipment installed in the county jail;
	92	+	27 (5) equipment, including vehicles and computers, computer
	93	+	28 software, communication devices, office machinery and
	94	+	29 furnishings, cameras and photographic equipment, animals,
	95	+	30 animal training, holding and feeding equipment and supplies, or
	96	+	31 attire used by an employee of the sheriff's department in the
	97	+	32 course of the employee's official duties;
	98	+	33 (6) an activity provided to maintain order and discipline among
	99	+	34 the inmates of the county jail;
	100	+	35 (7) an activity or program of the sheriff's department intended to
	101	+	36 reduce or prevent occurrences of criminal activity, including the
	102	+	37 following:
	103	+	38 (A) Substance abuse.
	104	+	39 (B) Child abuse.
	105	+	40 (C) Domestic violence.
	106	+	41 (D) Drinking and driving.
	107	+	42 (E) Juvenile delinquency;
	108	+	EH 1208—LS 7116/DI 116 3
	109	+	1 (8) expenses related to the establishment, operation, or
	110	+	2 maintenance of the sex and violent offender registry web site
	111	+	3 website under IC 36-2-13-5.5; or
	112	+	4 (9) an audit or review of the fund by an independent certified
	113	+	5 public accountant for years the fund is not included in an
	114	+	6 audit under IC 5-11-1-24.4 or IC 5-11-1-25; or
	115	+	7 (9) (10) any other purpose that benefits the sheriff's department
	116	+	8 that is mutually agreed upon by the county fiscal body and the
	117	+	9 county sheriff.
	118	+	10 Money disbursed from the fund under this subsection must be
	119	+	11 supplemental or in addition to, rather than a replacement for, regular
	120	+	12 appropriations made to carry out the purposes listed in subdivisions (1)
	121	+	13 through (8).
	122	+	14 (e) The sheriff shall maintain a record of the fund's receipts and
	123	+	15 disbursements. The state board of accounts shall prescribe the form for
	124	+	16 this record. The sheriff shall semiannually provide a copy of this record
	125	+	17 of receipts and disbursements to the county fiscal body The semiannual
	126	+	18 reports are due on July 1 and December 31 of each year. not later than
	127	+	19 the following dates:
	128	+	20 (1) January 15, for the quarter ending December 31 of the
	129	+	21 preceding year.
	130	+	22 (2) April 15, for the quarter ending March 31 of a year.
	131	+	23 (3) July 15, for the quarter ending June 30 of a year.
	132	+	24 (4) October 15, for the quarter ending September 30 of a year.
	133	+	EH 1208—LS 7116/DI 116 4
	134	+	COMMITTEE REPORT
	135	+	Mr. Speaker: Your Committee on Local Government, to which was
	136	+	referred House Bill 1208, has had the same under consideration and
	137	+	begs leave to report the same back to the House with the
	138	+	recommendation that said bill be amended as follows:
	139	+	Page 3, line 17, delete "three" and insert "quarterly.".
	140	+	Page 3, line 18, delete "(3) times annually.".
	141	+	Page 3, line 18, strike "on".
	142	+	Page 3, line 18, delete "April 30,".
	143	+	Page 3, line 19, delete "August 30,".
	144	+	Page 3, line 19, strike "and December 31 of each year." and insert
	145	+	"within fifteen (15) days of the following dates each year:
	146	+	(1) March 31.
	147	+	(2) June 30.
	148	+	(3) September 30.
	149	+	(4) December 31.".
	150	+	and when so amended that said bill do pass.
	151	+	(Reference is to HB 1208 as introduced.)
	152	+	MAY
	153	+	Committee Vote: yeas 10, nays 0.
	154	+	_____
	155	+	COMMITTEE REPORT
	156	+	Mr. President: The Senate Committee on Local Government, to
	157	+	which was referred House Bill No. 1208, has had the same under
	158	+	consideration and begs leave to report the same back to the Senate with
	159	+	the recommendation that said bill be AMENDED as follows:
	160	+	Page 3, line 17, delete "at least".
	161	+	Page 3, line 18, delete "quarterly.".
	162	+	Page 3, line 18, strike "The".
	163	+	Page 3, line 18, strike "reports are due".
	164	+	Page 3, line 19, delete "within fifteen (15) days of the following
	165	+	dates each" and insert "not later than the following dates:
94	166		(1) January 15, for the quarter ending December 31 of the
95	167		preceding year.
96	168		(2) April 15, for the quarter ending March 31 of a year.
97	169		(3) July 15, for the quarter ending June 30 of a year.
98		-	(4) October 15, for the quarter ending September 30 of a year.
99		-	HEA 1208 — Concur Speaker of the House of Representatives
100		-	President of the Senate
101		-	President Pro Tempore
102		-	Governor of the State of Indiana
103		-	Date: Time:
104		-	HEA 1208 — Concur
	170	+	EH 1208—LS 7116/DI 116 5
	171	+	(4) October 15, for the quarter ending September 30 of a
	172	+	year.".
	173	+	Page 3, delete lines 20 through 24.
	174	+	and when so amended that said bill do pass.
	175	+	(Reference is to HB 1208 as printed January 28, 2025.)
	176	+	NIEMEYER
	177	+	Committee Vote: Yeas 8, Nays 0.
	178	+	EH 1208—LS 7116/DI 116