LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6575 NOTE PREPARED: Dec 13, 2024 BILL NUMBER: SB 479 BILL AMENDED: SUBJECT: Transportation of Minor for Prohibited Procedures. FIRST AUTHOR: Sen. Johnson T BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: This bill makes assisting a child in procuring a gender transition procedure a Level 6 felony. Effective Date: July 1, 2025. Explanation of State Expenditures: This bill would have a minor increase on the Department of Correction (DOC) offender population. The bill makes it a new crime for unlawfully aiding a person less than 18 in procuring a gender transition procedure, as a Level 6 felony. It also provides that it is not a defense to a prosecution that the child consented to the gender transition procedure. [“Assists” means to provide lodging, shelter, transportation, or money. This bill does not apply to 1) the parent or guardian authorized to make health care decisions for the unemancipated child; 2) a person who has the written consent of an authorized parent or guardian; 3) a person who assists an unemancipated child for the purpose of obtaining a medical diagnosis; and 4) a common carrier that is transporting passengers for hire in the course and scope of its business.] Additional Information - A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of 1 year. 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 entire Level 6 sentence may be suspended and the person placed on either probation or community correction. If no time is suspended, the offender can receive good time credit of 50% 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 SB 479 1 Common School Fund and the state General Fund would increase. The maximum fine for a Level 6 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. 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 479 2