LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7395 NOTE PREPARED: Jan 7, 2025
BILL NUMBER: HB 1217 BILL AMENDED:
SUBJECT: Prosecuting Attorneys.
FIRST AUTHOR: Rep. Rowray BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill provides that the prosecuting attorney of a county in which is located
an institution operated by the Department of Correction (DOC) that houses between 100 and 1,500 offenders
may appoint one additional deputy prosecuting attorney.
It also repeals a provision that allows the prosecuting attorney of Cass County to appoint one additional
deputy prosecuting attorney.
Effective Date: July 1, 2025.
Explanation of State Expenditures: The bill provides that prosecuting attorneys in counties with juvenile
facilities operated by the DOC may appoint one additional deputy prosecuting attorney. As a result, the bill
will increase state expenditures by approximately $179,895 in FY 2026 and $181,019 in FY 2027. This
estimate includes salary and fringe benefits.
Currently, Cass County has one deputy prosecuting attorney on the state payroll that would qualify under
the broader definition of offender. The current deputy prosecuting attorney who was appointed under IC 33-
39-6-2 practices full-time at a salary of $127,757. Therefore, this provision would have no effect on state
expenditures if the deputy prosecuting attorney continues to practice full-time.
Adding prosecuting attorneys to the Prosecuting Attorneys' Retirement Fund (PARF) would increase the
unfunded liability in PARF and would require an increase in future state General Fund appropriations for
PARF. The annual appropriation amount is set in the biennial budget based on the estimated actuarially
determined contribution amount needed to actuarially fund the plan. In the most recent actuarial valuation
for PARF as of June 30, 2023, the actuarially determined contribution amount for PARF is 16.93% percent
of salary.
Additional Information - DOC operates 18 adult facilities and 3 juvenile facilities in fifteen counties in
Indiana. As proposed, the bill would allow Madison County to appoint one additional deputy prosecuting
attorney and permit Cass County to retain the current deputy prosecuting attorney that practices full-time.
HB 1217 1 Each of these counties have a juvenile facility operated by the DOC that houses between 100 and 1,500
juvenile offenders.
The following table shows the facility capacity and population for each juvenile facility.
County Facility Juvenile Facility
Capacity (beds)
Total Population
(as of October 2024)
New
Deputies
LaPorteLaPorte Juvenile Correctional 62 49 -
Cass Logansport Juvenile Correctional 181 138 1*
MadisonPendleton Juvenile Correctional 230 160 1
*This position is already funded by the state.
Under current law, counties with state prison facilities with adult offender populations greater than 100 or
state mental hospitals with populations exceeding 350 patients are permitted to appoint one or more
additional deputy prosecuting attorneys. These deputy prosecuting attorneys are paid 70% of the salary of
a full-time prosecuting attorney when they elect to work full-time. Currently, the salary of a full-time
prosecuting attorney is $183,513.
Explanation of State Revenues:
Explanation of Local Expenditures: Madison County may incur added costs for office equipment and space
to accommodate a new deputy prosecuting attorney, if appointed.
Explanation of Local Revenues:
State Agencies Affected: Indiana Supreme Court.
Local Agencies Affected: Prosecuting Attorneys; Cass and Madison Counties.
Information Sources: IC 33-39-6-5; Indiana Department of Correction, Offender Population Report
(October 2024); Indiana Supreme Court website; Indiana Prosecuting Attorney’s Council (IPAC) website;
Indiana State Staffing Table, August 2024.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1217 2