LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7323 NOTE PREPARED: Jan 3, 2025
BILL NUMBER: HB 1535 BILL AMENDED:
SUBJECT: Sentencing of Aliens Unlawfully Present.
FIRST AUTHOR: Rep. Ireland BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill makes it a sentencing aggravator that the person is or has been an alien
unlawfully present in the United States.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Depending on the felony level, this bill could increase the length of
confinement that a person would stay in a state correctional facility. When determining a sentence to impose
for a crime, the sentencing court may consider whether one of the current aggravating circumstances existed
to increase the length of the sentence from an advisory to the maximum.
The following table illustrates the advisory and maximum lengths of stay by Murder and the six felony levels.
Expected Length of Stay Adjusting for Good Time Credit
Murder Level 1 Level 2 Level 3 Level 4 Level 5 Level 6
Advisory41.3 years22.5 years13.1 years6.8 years4.5 years2.3 years6 months
Maximum 48.8 years30 years22.5 years12 years 9 years 4.5 years15 months
The average expenditure to house an adult offender was $29,432 annually, or $80.58 daily, in FY 2024. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,719 annually, or
$12.93 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost
of housing a juvenile in a state juvenile facility was $113,108, or $309.67 daily, in FY 2024. The marginal
cost for juvenile facilities was $8,778 annually or $24.05 daily.
Explanation of State Revenues:
HB 1535 1 Explanation of Local Expenditures: Generally, the percentage of people confined in a county jail before
trial will increase as the severity of the felony level increases.
Either a trial or plea agreement proceedings may be extended if the prosecuting attorney is proving that
defendant is or has been an alien unlawfully present in the United States. If the defendant is in jail, any
extension could increase the costs of pretrial confinement. However, if an offender is sentenced to state
prison rather than to a county jail, the costs to the county may be reduced.
Also, the percentage of people who are assigned to community supervision (probation, community
corrections, or both) will also vary between the felony level and whether the offense involved any type of
bodily injury.
[The bill provides that a determination by the United States Department of Homeland Security that an alien
has come to, entered, or remained in the United States in violation of law is evidence that the alien is or has
been unlawfully present in the United States.]
The average cost per day is approximately $64.53 based on the per diem payments reported by U.S. Marshals
to house federal prisoners in 11 county jails across Indiana during CY 2021.
Explanation of Local Revenues:
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts; local law enforcement agencies.
Information Sources: IC 35-50-1-2; Department of Correction; Abstracts of Judgment, Indiana Supreme
Court.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1535 2