Introduced Version






SENATE BILL No. 191

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 9-30-9-8 ; IC 33-19-6-11 ; IC 35-38-2-1.

Synopsis: Alcohol abuse deterrent program fees. Requires the county fiscal body to set the amount of the alcohol abuse deterrent program fees and medical fees imposed by the circuit court for an alcohol and drug services program.

Effective: July 1, 2000.





Wyss, Alexa




    January 10, 2000, read first time and referred to Committee on Public Policy.







Introduced

Second Regular Session 111th General Assembly (2000)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 191



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 9-30-9-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 8. (a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the court determines that the defendant is indigent.
    (b) An alcohol abuse deterrent program fee ordered under this section may not exceed three hundred fifty dollars ($350).
    (c) A medical fee ordered under this section may not exceed one hundred dollars ($100).
     (b) Subject to IC 36-1-3-8 (limitations on service charges and user fees), the fiscal body for each county shall, by ordinance, adopt an alcohol abuse deterrent program fee schedule and a medical fee schedule for services provided in a program under this chapter. The amount of the alcohol abuse deterrent program fee or medical fee, or both, ordered by the court under this section shall be the amount determined under the schedule of fees adopted by the county fiscal body.


    SECTION 2. IC 33-19-6-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 11. (a) This section applies to an action in a circuit court in a county that has established a program under IC 9-30-9.
    (b) The probation department shall collect an alcohol abuse deterrent program fee and a medical fee set ordered by the court under IC 9-30-9-8 and deposit it into the supplemental adult probation services fund.
    SECTION 3. IC 35-38-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. (a) Whenever it places a person on probation, the court shall:
        (1) specify in the record the conditions of the probation; and
        (2) advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following:
            (A) One (1) year after the termination of probation.
            (B) Forty-five (45) days after the state receives notice of the violation.
    (b) In addition, if the person was convicted of a felony and is placed on probation, the court shall order the person to pay to the probation department the user's fee prescribed under subsection (c). If the person was convicted of a misdemeanor, the court may order the person to pay the user's fee prescribed under subsection (d). The court may:
        (1) modify the conditions (except a fee payment under subsection (c)); or
        (2) terminate the probation;
at any time. If the person commits an additional crime, the court may revoke the probation.
    (c) In addition to any other conditions of probation, the court shall order each person convicted of a felony to pay:
        (1) not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) as an initial probation user's fee;
        (2) a monthly probation user's fee of not less than five dollars ($5) nor more than fifteen dollars ($15) for each month that the person remains on probation;
        (3) the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court under section 2.3 of this chapter; and
        (4) an alcohol abuse deterrent program fee and a medical fee set ordered by the court under IC 9-30-9-8 , if the court has referred

the defendant to an alcohol abuse deterrent program;
to the probation department.
    (d) In addition to any other conditions of probation, the court may order each person convicted of a misdemeanor to pay:
        (1) not more than a fifty dollar ($50) initial probation user's fee;
        (2) not more than a ten dollar ($10) monthly probation user's fee for each month that the person remains on probation; and
        (3) the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court under section 2.3 of this chapter;
to the probation department.
    (e) All money collected by the probation department under this section shall be transferred to the county treasurer who shall deposit the money into the county supplemental adult probation services fund. The fiscal body of the county shall appropriate money from the county supplemental adult probation services fund to the county, superior, circuit, or municipal court of the county that provides probation services to adults.
    (f) All money collected by the probation department of a city or town court under this section shall be transferred to the fiscal officer of the city or town. The fiscal officer shall deposit the money into the local supplemental adult probation services fund. The fiscal body of the city or town shall appropriate money from the local supplemental adult probation services fund to the city or town court of the city or town for the court's use in providing probation services to adults or for the court's use for other purposes as may be appropriated by the fiscal body. Money may be appropriated under this subsection only to those city or town courts that have an adult probation services program. If a city or town court does not have such a program, the money collected by the probation department must be transferred and appropriated as provided under subsection (e).
    (g) Except as provided in subsection (i), the county or local supplemental adult probation services fund may be used only to supplement probation services and to increase salaries for probation officers. A supplemental probation services fund may not be used to replace other funding of probation services. Any money remaining in the fund at the end of the year does not revert to any other fund but continues in the county or local supplemental adult probation services fund.
    (h) A person placed on probation for more than one (1) crime may

not be required to pay more than:
        (1) one (1) initial probation user's fee; and
        (2) one (1) monthly probation user's fee per month;
to the probation department.
    (i) This subsection applies to a city or town located in a county having a population of more than one hundred fifty thousand (150,000) but less than one hundred sixty thousand (160,000). Any money remaining in the local supplemental adult probation services fund at the end of the local fiscal year may be appropriated by the city or town fiscal body to the city or town court for use by the court for purposes determined by the fiscal body.