IN
Indiana Senate Bill SB0420

Indiana 2025 Regular Session

Indiana Senate Bill SB0420 Compare Versions

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1+*ES0420.1*
2+April 3, 2025
3+ENGROSSED
4+SENATE BILL No. 420
5+_____
6+DIGEST OF SB 420 (Updated April 2, 2025 11:10 am - DI 140)
7+Citations Affected: IC 35-33; IC 36-2.
8+Synopsis: Transfer of high risk persons from county jail. Establishes
9+a procedure for the transfer of an inmate from a county jail to another
10+county jail or the department of correction if the inmate: (1) poses a
11+serious risk of escape; (2) demonstrates violent or aggressive behavior;
12+or (3) needs to be protected from other inmates.
13+Effective: July 1, 2025.
14+Carrasco, Clark, Koch, Glick,
15+Ford J.D., Randolph Lonnie M
16+(HOUSE SPONSORS — IRELAND, SHONKWILER)
17+January 13, 2025, read first time and referred to Committee on Corrections and Criminal
18+Law.
19+February 4, 2025, reported favorably — Do Pass.
20+February 13, 2025, read second time, amended, ordered engrossed.
21+February 14, 2025, engrossed.
22+February 20, 2025, read third time, passed. Yeas 49, nays 0.
23+HOUSE ACTION
24+March 3, 2025, read first time and referred to Committee on Courts and Criminal Code.
25+April 3, 2025, reported — Do Pass.
26+ES 420—LS 7384/DI 106 April 3, 2025
127 First Regular Session of the 124th General Assembly (2025)
228 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
329 Constitution) is being amended, the text of the existing provision will appear in this style type,
430 additions will appear in this style type, and deletions will appear in this style type.
531 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
632 provision adopted), the text of the new provision will appear in this style type. Also, the
733 word NEW will appear in that style type in the introductory clause of each SECTION that adds
834 a new provision to the Indiana Code or the Indiana Constitution.
935 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1036 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 420
12-AN ACT to amend the Indiana Code concerning corrections.
37+ENGROSSED
38+SENATE BILL No. 420
39+A BILL FOR AN ACT to amend the Indiana Code concerning
40+corrections.
1341 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 35-33-11-1 IS AMENDED TO READ AS
42+1 SECTION 1. IC 35-33-11-1 IS AMENDED TO READ AS
43+2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. Upon motion by the:
44+3 (1) sheriff;
45+4 (2) prosecuting attorney;
46+5 (3) defendant or his counsel;
47+6 (4) attorney general; or
48+7 (5) court;
49+8 alleging that an inmate in a county jail awaiting trial is in danger of
50+9 serious bodily injury or death or represents a substantial threat to the
51+10 safety of others, the court shall determine whether the inmate is in
52+11 imminent danger of serious bodily injury or death, or represents a
53+12 substantial threat to the safety of others. If the court finds that the
54+13 inmate is in danger of serious bodily injury or death or represents a
55+14 substantial threat to the safety of others, it shall order the sheriff to
56+15 transfer the inmate to another county jail or to a facility of the
57+16 department of correction designated by the commissioner of the
58+17 department as suitable for the confinement of that prisoner and
59+ES 420—LS 7384/DI 106 2
60+1 provided that space is available. For the purpose of this chapter,
61+2 (a) An inmate who is confined in a county jail before sentencing
62+3 may be transferred to the custody of another county jail or the
63+4 department of correction in accordance with this chapter.
64+5 However, an inmate is not considered in danger of serious bodily
65+6 injury or death may not be transferred under this chapter due to an
66+7 mental illness or other another medical condition requiring the
67+8 administration of health care services under IC 11-12-5 and
68+9 IC 36-2-13.
69+10 (b) If a sheriff, prosecuting attorney, inmate, or inmate's
70+11 attorney has reason to believe that the inmate:
71+12 (1) poses a serious risk of escape;
72+13 (2) demonstrates violent or aggressive behavior that poses a
73+14 substantial threat to the inmate, another inmate, or staff; or
74+15 (3) needs to be protected from another inmate and is in
75+16 imminent danger of serious bodily injury or death;
76+17 that person may submit a written request to another sheriff or to
77+18 the commissioner of the department of correction for the inmate's
78+19 transfer to another jail or to the department of correction. The
79+20 written request must set forth the basis for the person's belief that
80+21 a circumstance described in subdivisions (1) through (3) exists.
81+22 (c) Not later than forty-eight (48) hours after receipt of the
82+23 written request submitted under subsection (b), the:
83+24 (1) sheriff to whom the request was submitted; or
84+25 (2) commissioner of the department of correction;
85+26 shall approve or deny the request. If the sheriff or commissioner
86+27 denies the request, the sheriff or commissioner must provide a
87+28 justification for the denial in writing.
88+29 (d) If the sheriff or commissioner of the department of
89+30 correction approves the request for transfer, the person who
90+31 submitted the request for transfer shall file a petition with the
91+32 appropriate court:
92+33 (1) describing the basis under subsection (b)(1) through (b)(3)
93+34 for the transfer; and
94+35 (2) requesting an order to transfer the inmate to the custody
95+36 of another county jail (if the county jail approved the
96+37 transfer) or the department of correction (if the commissioner
97+38 approved the transfer).
98+39 The person shall attach a written copy of the approved request to
99+40 the petition.
100+41 (e) If the request for transfer is denied, the person who
101+42 submitted the request for transfer may file a petition with an
102+ES 420—LS 7384/DI 106 3
103+1 appropriate court seeking transfer of the inmate to:
104+2 (1) the county jail that denied the transfer request;
105+3 (2) another county jail; or
106+4 (3) the department of correction.
107+5 (f) A petition filed under subsection (e) must include:
108+6 (1) a copy of the original request for transfer;
109+7 (2) a copy of the denial of transfer and of the justification for
110+8 the denial from the sheriff or commissioner of the department
111+9 of correction, as applicable;
112+10 (3) the basis under subsection (b)(1) through (b)(3) for the
113+11 transfer; and
114+12 (4) an explanation of why the transfer is necessary.
115+13 (g) If the court finds by clear and convincing evidence that:
116+14 (1) a basis for transfer under subsection (b)(1) through (b)(3)
117+15 exists; and
118+16 (2) the transfer is necessary;
119+17 the court may order the inmate transferred to a county jail, if the
120+18 sheriff agrees to accept the inmate, or to an appropriate facility of
121+19 the department of correction, as designated by the commissioner.
122+20 The department of correction has exclusive authority over the
123+21 placement of an individual who is transferred into departmental
124+22 custody under this section.
125+23 (h) The county from which the inmate is transferred shall pay
126+24 a per diem consisting of the average daily cost of housing the
127+25 inmate at the facility to which the inmate has been transferred.
128+26 Except as provided in subsection (i), the county from which the
129+27 inmate was transferred shall also reimburse the receiving facility
130+28 for any additional costs incurred as a direct result of the
131+29 confinement of the inmate for the duration of the transfer order,
132+30 including personnel costs and the costs of health care, transport,
133+31 and other costs incurred as a direct result of the confinement.
134+32 (i) If the inmate is transferred to the department of correction,
135+33 the county shall reimburse the department of correction for
136+34 marginal health care costs, transportation costs, and
137+35 corresponding personnel costs for the duration of the transfer
138+36 order.
139+37 SECTION 2. IC 35-33-11-2 IS AMENDED TO READ AS
140+38 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The inmate or
141+39 receiving authority is entitled to a posttransfer hearing upon request.
142+40 The inmate may refuse a transfer if the only issue is his personal safety.
143+41 (a) At any time after the issuance of an order transferring an
144+42 inmate under this chapter:
145+ES 420—LS 7384/DI 106 4
146+1 (1) a sheriff;
147+2 (2) the prosecuting attorney;
148+3 (3) the inmate or inmate's attorney; or
149+4 (4) the department of correction;
150+5 may file a motion with the court for review of the order to
151+6 determine whether the conditions described in section 1(b) of this
152+7 chapter no longer exist, or if any other circumstances require
153+8 termination of the order. The court shall hold a hearing on the
154+9 motion and issue an order confirming or terminating the
155+10 placement of the inmate.
156+11 (b) If at any other time the court finds that the circumstances
157+12 which necessitated a transfer under this chapter no longer exist, it
158+13 shall order the sheriff to return the inmate to the county jail from
159+14 which the inmate was transferred.
160+15 SECTION 3. IC 35-33-11-4 IS REPEALED [EFFECTIVE JULY 1,
161+16 2025]. Sec. 4. Whenever the court finds that the circumstances which
162+17 necessitated a transfer under this chapter no longer exist, it shall order
163+18 the sheriff to return the inmate to the county jail from which he was
164+19 transferred.
165+20 SECTION 4. IC 35-33-11-5 IS AMENDED TO READ AS
166+21 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When an inmate is
167+22 transferred under this chapter, The sheriff of the county from which the
168+23 inmate is was originally transferred shall be is responsible for
169+24 transporting the inmates inmate to and from the any other facility for
170+25 the duration of the court order issued under section 1 of this
171+26 chapter. If the sheriff is unable to adequately protect the inmate during
172+27 the transfer, the sheriff or the court may request assistance from any
173+28 other law enforcement agency. The county which transfers an inmate
174+29 shall pay:
175+30 (1) a per diem of the average daily cost of housing a prisoner at
176+31 the facility to which the inmate has been assigned; and
177+32 (2) any additional costs reasonably necessary to maintain the
178+33 health and welfare of a transferred inmate.
179+34 SECTION 5. IC 36-2-13-15, AS AMENDED BY P.L.114-2012,
180+35 SECTION 147, IS AMENDED TO READ AS FOLLOWS
181+36 [EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
182+37 "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
183+38 (b) This section applies to a county only if the legislative body for
184+39 the county elects by ordinance to implement this section.
185+40 (c) A person who is:
186+41 (1) sentenced under this article for a felony or a misdemeanor;
187+42 (2) subject to lawful detention in a county jail for a period of more
188+ES 420—LS 7384/DI 106 5
189+1 than seventy-two (72) hours;
190+2 (3) not a member of a family that makes less than one hundred
191+3 fifty percent (150%) of the federal income poverty level; and
192+4 (4) not detained as a child subject to the jurisdiction of a juvenile
193+5 court;
194+6 shall reimburse the county for the costs described in subsection (d).
195+7 (d) A person described in subsection (c) shall reimburse the county
196+8 for the sum of the following amounts:
197+9 (1) The lesser of:
198+10 (A) the per diem amount specified under subsection (e); or
199+11 (B) thirty dollars ($30);
200+12 multiplied by each day or part of a day that the person is lawfully
201+13 detained in a county jail or lawfully detained under IC 35-33-11-3
202+14 for more than six (6) hours.
203+15 (2) The direct cost of investigating whether the person is indigent.
204+16 (3) The cost of collecting the amount for which the person is
205+17 liable under this section.
206+18 (e) The county fiscal body shall fix the per diem described in
207+19 subsection (d)(1)(A) in an amount that is reasonably related to the
208+20 average daily cost of housing a person in the county jail. If the county
209+21 transfers the person to another county or the department of correction
210+22 under IC 35-33-11-3, the per diem is equal to the per diem charged to
211+23 the county under IC 35-33-11-5. IC 35-33-11-1.
212+24 (f) The county sheriff shall collect the amounts due from a person
213+25 under this section in conformity with the procedures specified in the
214+26 ordinance adopted under subsection (b). If the county sheriff does not
215+27 collect the amount due to the county, the county attorney may collect
216+28 the amount due.
217+29 SECTION 6. IC 36-2-13-15.3, AS AMENDED BY P.L.114-2012,
218+30 SECTION 148, IS AMENDED TO READ AS FOLLOWS
219+31 [EFFECTIVE JULY 1, 2025]: Sec. 15.3. (a) As used in this section,
220+32 "lawful detention" has the meaning set forth in IC 35-31.5-2-186.
221+33 (b) This section applies only:
222+34 (1) to a county having a population of less than seven thousand
223+35 (7,000); and
224+36 (2) if the legislative body for the county elects by ordinance to
225+37 implement this section.
226+38 (c) A person who is:
227+39 (1) sentenced under this article for a felony or a misdemeanor;
228+40 (2) subject to lawful detention in a county jail for a period of more
229+41 than six (6) hours;
230+42 (3) not a member of a family that makes less than one hundred
231+ES 420—LS 7384/DI 106 6
232+1 fifty percent (150%) of the federal income poverty level; and
233+2 (4) not detained as a child subject to the jurisdiction of a juvenile
234+3 court;
235+4 shall reimburse the county for the costs described in subsection (d).
236+5 (d) A person described in subsection (c) shall reimburse the county
237+6 for the sum of the following amounts:
238+7 (1) The lesser of:
239+8 (A) the per diem amount specified under subsection (e); or
240+9 (B) fifty dollars ($50);
241+10 multiplied by each day or part of a day that the person is lawfully
242+11 detained in a county jail or lawfully detained under IC 35-33-11-3
243+12 for more than six (6) hours.
244+13 (2) The direct cost of investigating whether the person is indigent.
245+14 (3) The cost of collecting the amount for which the person is
246+15 liable under this section.
247+16 (e) The county fiscal body shall fix the per diem described in
248+17 subsection (d)(1)(A) in an amount that is reasonably related to the
249+18 average daily cost of housing a person in the county jail. If the county
250+19 transfers the person to another county or the department of correction
251+20 under IC 35-33-11-3, the per diem is equal to the per diem charged to
252+21 the county under IC 35-33-11-5. IC 35-33-11-1.
253+22 (f) The county sheriff shall collect the amounts due from a person
254+23 under this section in conformity with the procedures specified in the
255+24 ordinance adopted under subsection (b). If the county sheriff does not
256+25 collect the amount due to the county, the county attorney may collect
257+26 the amount due.
258+ES 420—LS 7384/DI 106 7
259+COMMITTEE REPORT
260+Mr. President: The Senate Committee on Corrections and Criminal
261+Law, to which was referred Senate Bill No. 420, has had the same
262+under consideration and begs leave to report the same back to the
263+Senate with the recommendation that said bill DO PASS.
264+ (Reference is to SB 420 as introduced.)
265+
266+FREEMAN, Chairperson
267+Committee Vote: Yeas 8, Nays 0
268+_____
269+SENATE MOTION
270+Mr. President: I move that Senate Bill 420 be amended to read as
271+follows:
272+Page 1, delete lines 1 through 17, begin a new paragraph and insert:
273+"SECTION 1. IC 35-33-11-1 IS AMENDED TO READ AS
15274 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. Upon motion by the:
16275 (1) sheriff;
17276 (2) prosecuting attorney;
18277 (3) defendant or his counsel;
19278 (4) attorney general; or
20279 (5) court;
21280 alleging that an inmate in a county jail awaiting trial is in danger of
22281 serious bodily injury or death or represents a substantial threat to the
23282 safety of others, the court shall determine whether the inmate is in
24283 imminent danger of serious bodily injury or death, or represents a
25284 substantial threat to the safety of others. If the court finds that the
26285 inmate is in danger of serious bodily injury or death or represents a
27286 substantial threat to the safety of others, it shall order the sheriff to
28287 transfer the inmate to another county jail or to a facility of the
29288 department of correction designated by the commissioner of the
30289 department as suitable for the confinement of that prisoner and
31290 provided that space is available. For the purpose of this chapter,
32291 (a) An inmate who is confined in a county jail before sentencing
33292 may be transferred to the custody of another county jail or the
34293 department of correction in accordance with this chapter.
35294 However, an inmate is not considered in danger of serious bodily
36-SEA 420 2
37295 injury or death may not be transferred under this chapter due to an
38296 mental illness or other another medical condition requiring the
297+ES 420—LS 7384/DI 106 8
39298 administration of health care services under IC 11-12-5 and
40299 IC 36-2-13.
41300 (b) If a sheriff, prosecuting attorney, inmate, or inmate's
42301 attorney has reason to believe that the inmate:
43302 (1) poses a serious risk of escape;
44303 (2) demonstrates violent or aggressive behavior that poses a
45304 substantial threat to the inmate, another inmate, or staff; or
46305 (3) needs to be protected from another inmate and is in
47306 imminent danger of serious bodily injury or death;
48307 that person may submit a written request to another sheriff or to
49308 the commissioner of the department of correction for the inmate's
50309 transfer to another jail or to the department of correction. The
51310 written request must set forth the basis for the person's belief that
52311 a circumstance described in subdivisions (1) through (3) exists.
53312 (c) Not later than forty-eight (48) hours after receipt of the
54313 written request submitted under subsection (b), the:
55314 (1) sheriff to whom the request was submitted; or
56315 (2) commissioner of the department of correction;
57316 shall approve or deny the request. If the sheriff or commissioner
58317 denies the request, the sheriff or commissioner must provide a
59318 justification for the denial in writing.
60319 (d) If the sheriff or commissioner of the department of
61320 correction approves the request for transfer, the person who
62321 submitted the request for transfer shall file a petition with the
63322 appropriate court:
64323 (1) describing the basis under subsection (b)(1) through (b)(3)
65324 for the transfer; and
66325 (2) requesting an order to transfer the inmate to the custody
67326 of another county jail (if the county jail approved the
68327 transfer) or the department of correction (if the commissioner
69328 approved the transfer).
70329 The person shall attach a written copy of the approved request to
71330 the petition.
72331 (e) If the request for transfer is denied, the person who
73332 submitted the request for transfer may file a petition with an
74333 appropriate court seeking transfer of the inmate to:
75334 (1) the county jail that denied the transfer request;
76335 (2) another county jail; or
77336 (3) the department of correction.
78337 (f) A petition filed under subsection (e) must include:
79-SEA 420 3
80338 (1) a copy of the original request for transfer;
81339 (2) a copy of the denial of transfer and of the justification for
340+ES 420—LS 7384/DI 106 9
82341 the denial from the sheriff or commissioner of the department
83342 of correction, as applicable;
84343 (3) the basis under subsection (b)(1) through (b)(3) for the
85344 transfer; and
86345 (4) an explanation of why the transfer is necessary.
87346 (g) If the court finds by clear and convincing evidence that:
88347 (1) a basis for transfer under subsection (b)(1) through (b)(3)
89348 exists; and
90349 (2) the transfer is necessary;
91350 the court may order the inmate transferred to a county jail, if the
92351 sheriff agrees to accept the inmate, or to an appropriate facility of
93352 the department of correction, as designated by the commissioner.
94353 The department of correction has exclusive authority over the
95354 placement of an individual who is transferred into departmental
96355 custody under this section.
97356 (h) The county from which the inmate is transferred shall pay
98357 a per diem consisting of the average daily cost of housing the
99358 inmate at the facility to which the inmate has been transferred.
100359 Except as provided in subsection (i), the county from which the
101360 inmate was transferred shall also reimburse the receiving facility
102361 for any additional costs incurred as a direct result of the
103362 confinement of the inmate for the duration of the transfer order,
104363 including personnel costs and the costs of health care, transport,
105364 and other costs incurred as a direct result of the confinement.
106365 (i) If the inmate is transferred to the department of correction,
107366 the county shall reimburse the department of correction for
108367 marginal health care costs, transportation costs, and
109368 corresponding personnel costs for the duration of the transfer
110-order.
111-SECTION 2. IC 35-33-11-2 IS AMENDED TO READ AS
112-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. The inmate or
113-receiving authority is entitled to a posttransfer hearing upon request.
114-The inmate may refuse a transfer if the only issue is his personal safety.
115-(a) At any time after the issuance of an order transferring an
116-inmate under this chapter:
117-(1) a sheriff;
118-(2) the prosecuting attorney;
119-(3) the inmate or inmate's attorney; or
120-(4) the department of correction;
121-may file a motion with the court for review of the order to
122-SEA 420 4
123-determine whether the conditions described in section 1(b) of this
124-chapter no longer exist, or if any other circumstances require
125-termination of the order. The court shall hold a hearing on the
126-motion and issue an order confirming or terminating the
127-placement of the inmate.
128-(b) If at any other time the court finds that the circumstances
129-which necessitated a transfer under this chapter no longer exist, it
130-shall order the sheriff to return the inmate to the county jail from
131-which the inmate was transferred.
132-SECTION 3. IC 35-33-11-4 IS REPEALED [EFFECTIVE JULY 1,
133-2025]. Sec. 4. Whenever the court finds that the circumstances which
134-necessitated a transfer under this chapter no longer exist, it shall order
135-the sheriff to return the inmate to the county jail from which he was
136-transferred.
137-SECTION 4. IC 35-33-11-5 IS AMENDED TO READ AS
138-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 5. When an inmate is
139-transferred under this chapter, The sheriff of the county from which the
140-inmate is was originally transferred shall be is responsible for
141-transporting the inmates inmate to and from the any other facility for
142-the duration of the court order issued under section 1 of this
143-chapter. If the sheriff is unable to adequately protect the inmate during
144-the transfer, the sheriff or the court may request assistance from any
145-other law enforcement agency. The county which transfers an inmate
146-shall pay:
147-(1) a per diem of the average daily cost of housing a prisoner at
148-the facility to which the inmate has been assigned; and
149-(2) any additional costs reasonably necessary to maintain the
150-health and welfare of a transferred inmate.
151-SECTION 5. IC 36-2-13-15, AS AMENDED BY P.L.114-2012,
152-SECTION 147, IS AMENDED TO READ AS FOLLOWS
153-[EFFECTIVE JULY 1, 2025]: Sec. 15. (a) As used in this section,
154-"lawful detention" has the meaning set forth in IC 35-31.5-2-186.
155-(b) This section applies to a county only if the legislative body for
156-the county elects by ordinance to implement this section.
157-(c) A person who is:
158-(1) sentenced under this article for a felony or a misdemeanor;
159-(2) subject to lawful detention in a county jail for a period of more
160-than seventy-two (72) hours;
161-(3) not a member of a family that makes less than one hundred
162-fifty percent (150%) of the federal income poverty level; and
163-(4) not detained as a child subject to the jurisdiction of a juvenile
164-court;
165-SEA 420 5
166-shall reimburse the county for the costs described in subsection (d).
167-(d) A person described in subsection (c) shall reimburse the county
168-for the sum of the following amounts:
169-(1) The lesser of:
170-(A) the per diem amount specified under subsection (e); or
171-(B) thirty dollars ($30);
172-multiplied by each day or part of a day that the person is lawfully
173-detained in a county jail or lawfully detained under IC 35-33-11-3
174-for more than six (6) hours.
175-(2) The direct cost of investigating whether the person is indigent.
176-(3) The cost of collecting the amount for which the person is
177-liable under this section.
178-(e) The county fiscal body shall fix the per diem described in
179-subsection (d)(1)(A) in an amount that is reasonably related to the
180-average daily cost of housing a person in the county jail. If the county
181-transfers the person to another county or the department of correction
182-under IC 35-33-11-3, the per diem is equal to the per diem charged to
183-the county under IC 35-33-11-5. IC 35-33-11-1.
184-(f) The county sheriff shall collect the amounts due from a person
185-under this section in conformity with the procedures specified in the
186-ordinance adopted under subsection (b). If the county sheriff does not
187-collect the amount due to the county, the county attorney may collect
188-the amount due.
189-SECTION 6. IC 36-2-13-15.3, AS AMENDED BY P.L.114-2012,
190-SECTION 148, IS AMENDED TO READ AS FOLLOWS
191-[EFFECTIVE JULY 1, 2025]: Sec. 15.3. (a) As used in this section,
192-"lawful detention" has the meaning set forth in IC 35-31.5-2-186.
193-(b) This section applies only:
194-(1) to a county having a population of less than seven thousand
195-(7,000); and
196-(2) if the legislative body for the county elects by ordinance to
197-implement this section.
198-(c) A person who is:
199-(1) sentenced under this article for a felony or a misdemeanor;
200-(2) subject to lawful detention in a county jail for a period of more
201-than six (6) hours;
202-(3) not a member of a family that makes less than one hundred
203-fifty percent (150%) of the federal income poverty level; and
204-(4) not detained as a child subject to the jurisdiction of a juvenile
205-court;
206-shall reimburse the county for the costs described in subsection (d).
207-(d) A person described in subsection (c) shall reimburse the county
208-SEA 420 6
209-for the sum of the following amounts:
210-(1) The lesser of:
211-(A) the per diem amount specified under subsection (e); or
212-(B) fifty dollars ($50);
213-multiplied by each day or part of a day that the person is lawfully
214-detained in a county jail or lawfully detained under IC 35-33-11-3
215-for more than six (6) hours.
216-(2) The direct cost of investigating whether the person is indigent.
217-(3) The cost of collecting the amount for which the person is
218-liable under this section.
219-(e) The county fiscal body shall fix the per diem described in
220-subsection (d)(1)(A) in an amount that is reasonably related to the
221-average daily cost of housing a person in the county jail. If the county
222-transfers the person to another county or the department of correction
223-under IC 35-33-11-3, the per diem is equal to the per diem charged to
224-the county under IC 35-33-11-5. IC 35-33-11-1.
225-(f) The county sheriff shall collect the amounts due from a person
226-under this section in conformity with the procedures specified in the
227-ordinance adopted under subsection (b). If the county sheriff does not
228-collect the amount due to the county, the county attorney may collect
229-the amount due.
230-SEA 420 President of the Senate
231-President Pro Tempore
232-Speaker of the House of Representatives
233-Governor of the State of Indiana
234-Date: Time:
235-SEA 420
369+order.".
370+Delete page 2.
371+Page 3, delete lines 1 through 26.
372+Page 3, delete lines 31 through 33.
373+Page 3, line 34, delete "(b)" and insert "(a)".
374+Page 3, line 41, delete "1(a)(1)" and insert "1(b)".
375+Page 4, line 4, delete "(c)" and insert "(b)".
376+(Reference is to SB 420 as printed February 5, 2025.)
377+CLARK
378+ES 420—LS 7384/DI 106 10
379+COMMITTEE REPORT
380+Mr. Speaker: Your Committee on Courts and Criminal Code, to
381+which was referred Senate Bill 420, has had the same under
382+consideration and begs leave to report the same back to the House with
383+the recommendation that said bill do pass.
384+(Reference is to SB 420 as reprinted February 14, 2025.)
385+MCNAMARA
386+Committee Vote: Yeas 13, Nays 0
387+ES 420—LS 7384/DI 106