LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7261 NOTE PREPARED: Apr 7, 2025
BILL NUMBER: SB 324 BILL AMENDED: Apr 3, 2025
SUBJECT: Criminal Procedures.
FIRST AUTHOR: Sen. Freeman BILL STATUS: 2
nd
Reading - 2
nd
House
FIRST SPONSOR: Rep. Jeter
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Criminal Penalties: The bill increases the penalty levels of crimes related to
fentanyl and resisting law enforcement under certain circumstances. It makes possessing an imitation firearm
on school property a Class B misdemeanor.
Bail, Electronic Monitoring, and Minimum Holds: The bill requires certain persons charged with a crime of
domestic violence to wear a monitoring device as a condition of bail. It requires that a bail hearing for a
violent arrestee and certain other arrestees be held in open court, and requires money bail for the release of
a repeat violent arrestee. It specifies that a facility having custody of a person arrested for certain crimes may
not release the person on bail for at least 24 hours. It permits virtual bail hearings.
Aggravating and Mitigating Circumstances: The bill makes it a sentencing aggravator that: (1) the person
is in the United States unlawfully; or (2) a person distributed a controlled substance to at least three different
individuals in a 180 day period. It makes it a sentencing mitigator that the person: (1) has been diagnosed
with a substance use disorder; and (2) has sought treatment for the disorder. It makes conforming changes.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Summary - This bill changes the felony level for resisting law
enforcement by drawing a deadly weapon, inflicting bodily injury, or operating the vehicle in a way that
could cause substantial risk of bodily injury from a Level 6 felony, into a Level 5 felony. This bill could
increase the Department of Correction (DOC) offender population by 180 in FY 2026 and up to 548 in FY
2028 for enhancing resisting law enforcement from a Level 6 to a Level 5 felony. It would increase DOC’s
operating costs by $851,719 in FY 2026 and up to $2.59 M in FY 2028 and each year after.
The following table shows the estimated additional population that would be committed to DOC by
increasing the criminal penalty for these offenses from a Level 6 to a Level 5 felony. Increases in penalties
for fentanyl offenses were not estimated. [See Additional Information.]
SB 324 1 FY 2026 FY 2027 FY 2028 FY 2029
Added Population: 180 386 548 548
Added Costs to DOC: $851,719 $1,823,833 $2,585,275 $2,585,275
This estimate is based on the marginal cost of $4,719 in FY 2024 held constant over these four years.
Additional Information -
Increases in Penalties for Fentanyl Offenses: The bill increases penalties for offenses relating to dealing
fentanyl containing substances. The number of cases that could receive these enhancements is unknown.
From FY 2020 to FY 2024, there were 3 people convicted for dealing a fentanyl containing substance, based
on the charge listed as the maximum convicted offense. However, fentanyl enhancements were not added
to the Indiana Code until 2023. Offenses prior to that would be included in "narcotics" charges or other drug
charges. Additionally, if a person is charged with a drug offense, and testing shows that fentanyl is present
in the drugs, additional charges might only be added to the case when doing so would increase the felony
level. The level of these offenses are based on the weight of the drug and/or enhancing circumstances.
Penalties are currently enhanced at 1 gram, 3 grams, and 7 grams. The bills changes the enhancement
thresholds to any amount, 1 gram, and 5 grams.
Increases in Penalties for Resisting Law Enforcement: On average, about 12% of all persons who are
sentenced for resisting law enforcement (IC 35-44.1-3-1(c)) as a Level 6 felony are committed to a DOC
facility for a sentence of 1.59 years, and while 76% of all persons who are sentenced as a Level 5 felony are
committed to a DOC facility for 3.71 years. As a result, this population would likely remain in prison for
additional 2.0 years, including adjustments for 25% good credit time (instead of 50%). An additional 65%
of offenders would now be committed to DOC for a longer sentence than persons who are convicted for
resisting law enforcement as a Level 6 felony.
Increasing certain Level 6 resisting law enforcement offenses to Level 5 would add individuals to this
category. A “serious violent felon” who knowingly or intentionally possesses a firearm commits a Level 4
felony. Additional individuals would be capable of committing this offense. Some of these individuals could
now also be considered “habitual traffic violators.”
A juvenile court is required to transmit information to the Office of Judicial Administration (OJA) for
transmission to National Instant Criminal Background Check System (NICS) regarding a juvenile who is
convicted of a crime that would be a “serious violent felony” if committed by an adult.
Aggravating and Mitigating Circumstances: The addition of aggravating and mitigating circumstances,
depending on the felony level, could impact 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 these circumstances existed.
Costs of Incarceration: 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.
SB 324 2 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: The bill could potentially increase revenue to the state General Fund (from
court fees), the Common School Fund (from criminal fines) for misdemeanor cases of possession of an
imitation firearm on school property. The maximum criminal fine for a Class B misdemeanor is $1,000.
The bill should not increase the number of cases, only the felony level of offenses for cases involving
fentanyl or resisting law enforcement, with the potential exception of a person who commits certain Level
6 resisting law enforcement offenses, which are increased to Level 5 offenses, who would be prohibited from
possessing a firearm and could commit unlawful possession of a firearm by a “serious violent felon,” a Level
4 felony. The maximum criminal fine is the same for all felony levels. 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: Summary: The bill will increase jail populations by increasing felony
levels for fentanyl offenses and certain Level 6 resisting law enforcement offenses; creating a misdemeanor
offense; requiring minimum 24 hour holds and bail hearings for individuals charged with certain crimes
against a family or household member; and requiring bail hearings for crimes of violence (if a Level 1-5
felony). The bill also includes additional offenses of resisting law enforcement with a vehicle to those
offenses which require a minimum executed sentence of 30 days to 1 year (depending on prior(s)). The bill
adds aggravating and mitigating circumstances which may also impact sentencing indeterminately.
[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.]
Additional Information:
Fentanyl and Resisting Law Enforcement: An increase in the pretrial jail population may occur if more
defendants are charged for these offenses and remain in a county jail for a longer period of time before trial.
However, the bill could also potentially reduce the number of persons confined post sentencing as a Level
6 felony. About 55% of persons convicted of resisting law enforcement as a Level 6 felony were confined
in county jails post sentencing.
Bail, Electronic Monitoring, and Minimum Holds: The bill could increase local expenditures for electronic
monitoring of certain persons charged with a crime of domestic violence, as the bill adds this requirement
as a condition of bail, if the person has a prior conviction for a violent offense and a prior conviction for
invasion of privacy (violations of protective orders, no-contact orders, and certain court orders). It provides
that the minimum 24-hour hold prior to release on bail, for certain crimes against a family or household
member, applies to facilities having custody of a person arrested, in addition to courts.
Courts would have additional workload to review the probable cause affidavit or arrest warrant before
releasing a violent arrestee. This provision could increase pre-trial jail population for individuals awaiting
a hearing and could have an indeterminate impact on pre-trial jail population to the extent that the
determination of bail or release by a judicial officer is decided differently than bail determinations pursuant
to a default bail schedule. Increasing felony levels could also increased jail populations for pre- and post-trial
confinement.
SB 324 3 Imitation Firearm Offense - The bill makes it a Class B misdemeanor to possess an imitation firearm in or
on school property or on a school bus. The offense would be a delinquent act if the person is less than 14
years of age at the time of the alleged offense. It is unknown how many students receive disciplinary actions
for possessing an imitation firearm on school property or a school bus. Based on LSA’s Education Database,
between FY 2023 and FY 2024, OFMA found 276 students who were suspended or expelled for possessing
a handgun, pellet gun, or ball bearing (BB) gun on school property. Approximately 60% of students were
in the seventh grade or higher at the time of the incident.
Aggravating and Mitigating Circumstances: The bill will have an indeterminate impact on sentencing by
adding sentencing aggravators and mitigators. Generally, the percentage of people confined in a county jail
before trial will increase as the severity of the felony level increases. 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.
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.
[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.]
Explanation of Local Revenues: The bill provides that an individual charged with a crime of violence (as
a Level 1-5 felony) may only be released on bail set individually by the court following a bail hearing. For
a repeat violent arrestee, the bill requires a money bail, payable by a surety bond or cash deposit. If courts
impose bail differently when setting bail individually, revenue could potentially be impacted indeterminately.
The amount of fee revenue received by the local units would be the same. [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; Department of Homeland Security; Professional
Licensing Agency; Office of Judicial Administration.
Local Agencies Affected: Trial courts, local law enforcement agencies; community corrections programs,
probation
Information Sources: IC 35-50-1-2; Department of Correction; U.S. Department of Justice Marshals
Service; Abstracts of Judgment; Odyssey Case Management System; Legislative Services Agency Education
Database, 2023-2024;
https://www.in.gov/isp/labs/files/2024_Drug_Trends.pdf;
https://www.in.gov/isp/labs/files/2024_Annual_Report_ISP_Forensic_Services_Division.pdf;
https://www.in.gov/isp/labs/files/Evidence_Submission_Areas_6-19-2023.pdf;
https://www.in.gov/courts/iocs/files/2023-indiana-judicial-service-report.pdf.
Fiscal Analyst: Heather Puletz, 317-234-9484; Abdulrahman Abdulkadri, 317-232-9852; Corrin Harvey,
317-234-9438; Austin Spears, 317-234-9454.
SB 324 4