LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6229 NOTE PREPARED: Nov 27, 2024
BILL NUMBER: SB 92 BILL AMENDED:
SUBJECT: Sex Offenses.
FIRST AUTHOR: Sen. Dernulc BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
Prohibition on Plea Agreements for Certain Sex Crimes: It prohibits plea agreements concerning: (1)
promotion of child sexual trafficking; (2) promotion of sexual trafficking of a younger child; (3) child sexual
trafficking; or (4) child solicitation; if a term of the plea agreement requires the prosecuting attorney to
dismiss a charge in exchange for the defendant's agreement to plead guilty to a less serious offense.
Unlawful Employment by a Sexual Predator: It adds facilities that provide entertainment exclusively directed
toward children to the list of facilities at which a sexually violent predator or an offender against children
may not work or volunteer, and increases the penalty for the offense of unlawful employment by a sexual
predator to a Level 4 felony, with an enhancement to a Level 3 felony if the person has a prior conviction
based on the violation of a condition of sex offender registration.
Unlawful Activity by a Sexual Predator: It provides that a sexually violent predator or an offender against
children who knowingly or intentionally is present at a facility that provides entertainment exclusively
directed toward children commits attendance at a juvenile entertainment facility by a sex offender, a Level
4 felony, with an enhancement to a Level 3 felony if the person has a prior conviction based on the violation
of a condition of sex offender registration.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Summary - This bill will likely result in a increase in the Department
of Correction (DOC) offender population, but OFMA cannot estimate the total number of new DOC
commitments associated with these provisions. Also, state expenditures would increase if defendants are
subject to longer sentences.
Additional Information - Prohibition on Plea Agreements for Certain Sex Crimes: The bill prohibits plea
agreements for certain sex crimes against children if the agreement requires the prosecuting attorney to
dismiss a charge in exchange for a guilty plea to a less serious offense. As a result, state expenditures will
SB 92 1 increase to the extent persons are sentenced to longer sentences, however, the actual impact will depend on
the discretion of the sentencing court.
The number of persons who were charged for promoting child sexual trafficking (IC 35-42-3.5-1.2), child
sexual trafficking (IC 35-42-3.5-1.3), or child solicitation (IC 35-42-4-6) and accepted a plea agreement in
exchange for a guilty plea to a lesser charge is not reported to the Abstracts of Judgment.
Between FY 2013 and FY 2024, OFMA found 598 persons who were convicted and sentenced for these sex
offenses as a Level 3, Level 4, and Level 5 felonies. About 81% of all persons convicted of child solicitation
and 60% of all persons convicted of promoting child sexual trafficking were resolved using a plea agreement
based on the Abstracts of Judgment records and aggregate data published by the Indiana Supreme Court.
OFMA found no person convicted of a Level 2 felony for child sexual trafficking.
The table below shows the average convictions per year, average length of sentence, and the percentage of
persons confined in a DOC facility between FY 2013 and FY 2024 for the following child sex offenses.
Probability of Confinement and Average Executed Sentence for Persons Who Have Been
Convicted under IC 35-42-3.5-1.2 or IC 35-42-4-6.
Offense: Felony Level: Average
Convictions
Per Year
% in
DOC
Average
Sentence (in
years)
IC 35-42-3.5-1.2 (Promotion of
Child Sexual Trafficking)
Level 3 1 90% 6.6 years
IC 35-42-4-6 (Child Solicitation) Level 4 (Class C)
Level 5 (Class D)
49 68% 2.23 years
IC 35-42-3.5-1.3 (Child Sexual
Trafficking)
Level 2 - 78%* 12.2 years*
*This represents the sentencing experience of all persons convicted of a Level 2 felony.
Unlawful Employment and Attendance by a Sexual Offender: The bill increases the criminal penalty for
unlawful employment by a sexual predator from a Level 6 to a Level 4 felony. It also increases the penalty
if the person had a prior unrelated conviction for failing to comply from a Level 5 to a Level 3 felony. While
it is possible that more persons could be committed to DOC facilities with the changes in this bill, any
population increase from enhancing the penalty is likely to be minor.
OFMA found less than ten persons who were convicted and sentenced for unlawful employment by a sexual
predator as a Level 6 or Level 5 felony, between FY 2017 and FY 2024. Enhancing the base offense to a
Level 4 felony is estimated to increase the average length of sentence for an additional 3.0 years, and an
additional 3.8 years for persons convicted and sentenced as a Level 3 felony.
State expenditures would increase if an offender is subject to a longer sentence, as shown in the following
table.
SB 92 2 MinimumAdvisoryMaximum% in DOC*Average Prison Sentence*
Level 33 years 9 years 16 years 74% 6.8
Level 42 years 6 years 12 years 62% 5.0
Level 5 1 year 3 years 6 years 42% 2.6
Level 66 months 1 year 30 months 7% 1.5
*Based on all persons convicted and sentenced as a Level 3, Level 4, Level 5, and Level 6.
New Crime - Unlawful Activity by a Sexual Predator: If a sexually violent predator or an offender against
children knowingly or intentionally is present at a facility that provides entertainment exclusively for children
less than 18 years of age, the person commits attendance at a juvenile entertainment facility by a sexual
offender, a Level 4 felony. However, if the person has a prior unrelated conviction for failing to comply with
sex offender registration requirements, the offense is a Level 3 felony.
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.
Persons with prior felony convictions who are sentenced for Level 3 felonies that are neither drug dealing
nor drug possession offenses under IC 35-48-4 must be sentenced to a minimum 3-year sentence before any
portion of the sentence may be suspended. The entire Level 4 sentence may be suspended and the person
placed on either probation or community corrections. If no time is suspended, the offender can receive good
time credit of 25% and educational credit time. After adjusting for credit time, the offender can be released
from prison and placed on parole.
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for all felonies is
$10,000. Criminal fines are deposited in the Common School Fund. The total fee revenue per case would
range between $113 and $138. The amount of court fees deposited will vary depending on whether the case
is filed in a court of record or a municipal court. The following linked document describes the fees and
distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: Prohibition on Plea Agreements for Certain Sex Crimes: The bill
could potentially increase local expenditures and prosecuting attorneys caseload to the extent cases take
longer time to resolve when certain plea agreements are prohibited. [See Explanation of State Expenditures
for more information on the number of cases resolved by plea agreement under current law.]
New Crime - Unlawful Activity by a Sexual Predator: If more defendants are detained in county jails prior
to their court hearings, local expenditures for jail operations may increase. 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.
SB 92 3 Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, more
revenue will be collected by certain local units. If the case is filed in a court of record, the county general
fund will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Prosecuting attorneys; county sheriffs; trial courts, local law enforcement
agencies.
Information Sources: Abstracts of Judgment, Indiana Supreme Court; Trial Court Statistics by County,
Office of Judicial Administration; Indiana Sheriffs’ Association; Department of Correction; U.S. Department
of Justice Marshals Service.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 92 4