Introduced Version
HOUSE BILL No. 1227
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-8-10-21.
Synopsis: Jail commissary fund reporting. Requires a sheriff to
provide a copy of a jail commissary fund's receipts and disbursements
to the county fiscal body on a monthly basis, due not later than the fifth
day of the following month. (Under current law, a copy must be
provided on a semiannual basis, due on July 1 and December 31 of
each year.) Requires a sheriff to appear in person before the county
fiscal body once each year to present an annual report on a jail
commissary fund's receipts and disbursements. Makes a technical
correction.
Effective: July 1, 2025.
Dant Chesser
January 9, 2025, read first time and referred to Committee on Local Government.
2025 IN 1227—LS 7356/DI 137 Introduced
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. 1227
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 36-8-10-21, AS AMENDED BY P.L.216-2007,
2 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 21. (a) This section applies to any county that has
4 a jail commissary that sells merchandise to inmates.
5 (b) A jail commissary fund is established, referred to in this section
6 as "the fund". The fund is separate from the general fund, and money
7 in the fund does not revert to the general fund.
8 (c) The sheriff, or the sheriff's designee, shall deposit all money
9 from commissary sales into the fund, which the sheriff or the sheriff's
10 designee shall keep in a depository designated under IC 5-13-8.
11 (d) The sheriff, or the sheriff's designee, at the sheriff's or the
12 sheriff's designee's discretion and without appropriation by the county
13 fiscal body, may disburse money from the fund for:
14 (1) merchandise for resale to inmates through the commissary;
15 (2) expenses of operating the commissary, including, but not
16 limited to, facilities and personnel;
17 (3) special training in law enforcement for employees of the
2025 IN 1227—LS 7356/DI 137 2
1 sheriff's department;
2 (4) equipment installed in the county jail;
3 (5) equipment, including vehicles and computers, computer
4 software, communication devices, office machinery and
5 furnishings, cameras and photographic equipment, animals,
6 animal training, holding and feeding equipment and supplies, or
7 attire used by an employee of the sheriff's department in the
8 course of the employee's official duties;
9 (6) an activity provided to maintain order and discipline among
10 the inmates of the county jail;
11 (7) an activity or program of the sheriff's department intended to
12 reduce or prevent occurrences of criminal activity, including the
13 following:
14 (A) Substance abuse.
15 (B) Child abuse.
16 (C) Domestic violence.
17 (D) Drinking and driving.
18 (E) Juvenile delinquency;
19 (8) expenses related to the establishment, operation, or
20 maintenance of the sex and violent offender registry web site
21 website under IC 36-2-13-5.5; or
22 (9) any other purpose that benefits the sheriff's department that is
23 mutually agreed upon by the county fiscal body and the county
24 sheriff.
25 Money disbursed from the fund under this subsection must be
26 supplemental or in addition to, rather than a replacement for, regular
27 appropriations made to carry out the purposes listed in subdivisions (1)
28 through (8). (9).
29 (e) The sheriff shall maintain a record of the fund's receipts and
30 disbursements. The state board of accounts shall prescribe the form for
31 this record. The sheriff shall semiannually provide a copy of this record
32 of receipts and disbursements on a monthly basis to the county fiscal
33 body. The semiannual monthly reports are due on July 1 and
34 December 31 of each year. not later than the fifth day of the
35 following month. The sheriff shall appear in person before the
36 county fiscal body once each year to present an annual report on
37 the fund's receipts and disbursements.
2025 IN 1227—LS 7356/DI 137