LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6941 NOTE PREPARED: Dec 29, 2024
BILL NUMBER: SB 236 BILL AMENDED:
SUBJECT: Enforcement of Federal Child Sex Crimes.
FIRST AUTHOR: Sen. Johnson T BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It provides that a person who violates certain federal offenses concerning child sexual abuse commits
a Level 1 felony.
B. It allows the Attorney General to do the following with respect to certain crimes against children:
(1) investigate complaints of the criminal activity; (2) assist victims of the crimes; (3) cooperate with
certain law enforcement agencies in the investigation of the crime; and (4) assist prosecutors in the
investigation and prosecution of the crime.
C. It allows the Attorney General to cooperate with the National Center for Missing and Exploited
Children with an investigation of alleged offenses related to sexual exploitation of children.
D. It allows the Attorney General to notify a law enforcement agency and a prosecuting attorney if the
Attorney General has reasonable suspicion to believe that a person has committed certain offenses
against a child.
E. It also allows a prosecuting attorney to deputize the Attorney General or a deputy attorney general
to prosecute certain offenses against children.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Department of Correction (DOC): The bill could increase state
expenditures if more persons are convicted and sentenced as a Level 1 felony. While longer sentences will
increase DOC population which will increase costs to DOC, OFMA cannot determine how many persons
have been convicted and sentenced for federal offenses against children.
The bill provides that an individual who knowingly or intentionally violates one of the following federal
offenses commits a Level 1 felony:
SB 236 1 1. Sex trafficking of children or by force, fraud, or coercion (18 U.S.C. 1591);
2. Sexual exploitation of children (18 U.S.C. 2251);
3. Selling or buying of children (18 U.S.C. 2251A);
4. Certain activities relating to material involving the sexual exploitation of minors (18 U.S.C. 2252);
5. Certain activities relating to material constituting or containing child pornography (18 U.S.C.
2252A).
Office of Attorney General (AG): The bill requires the AG to adopt rules under IC 4-22-2 to the extent
necessary to fulfill the bill’s requirements. It allows the AG to investigate certain federal crimes against
children, cooperate with the National Center for Missing and Exploited Children, and notify a law
enforcement agency and prosecuting attorney if the AG suspects that certain offenses against children have
been committed. These provision represent an additional workload on the AG, but it should be able to be
accomplished with existing resources and staffing levels.
Additional Information - A Level 1 felony is punishable by a prison term ranging from 20 to 40 years, with
an advisory sentence of 30 years. The sentence depends on mitigating and aggravating circumstances. 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
Level 1 felons must be sentenced to a minimum 20 years in prison before eligibility for sentence suspension
and placement on probation or community corrections. If no time is suspended, then offenders can receive
good time credit of 25% and educational credit time. Upon release, offenders can be 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 a Level 1 felony
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: 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.
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.
SB 236 2 Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 236 3