SB 444-1_ Filed 03/21/2001, 13:17

Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

12

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Courts and Criminal Code     , to which was referred       Senate Bill 444     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

    Delete everything after the enacting clause and insert the following:

SOURCE: IC 36-2-13-15.3; (01)CR044402.1. -->     SECTION 1. IC 36-2-13-15.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15.3. (a) As used in this section, "lawful detention" has the meaning set forth in IC 35-41-1-18.
    (b) This section applies only:
        (1) to a county having a population of less than six thousand (6,000); and
        (2) if the legislative body for the county elects by ordinance to implement this section.
    (c) A person who is:
        (1) sentenced under this article for a felony or a misdemeanor;
        (2) subject to lawful detention in a county jail for a period of more than six (6) hours;
        (3) not a member of a family that makes less than 150% of the federal income poverty level; and
        (4) not detained as a child subject to the jurisdiction of a juvenile court;
shall reimburse the county for the costs described in subsection (d).
    (d) A person described in subsection (c) shall reimburse the county for the sum of the following amounts:
        (1) The lesser of:
            (A) the per diem amount specified under subsection (e); or
            (B) fifty dollars ($50);
        multiplied by each day or part of a day that the person is lawfully detained in a county jail or lawfully detained under IC 35-33-11-3 for more than six (6) hours.
        (2) The direct cost of investigating whether the person is indigent.
        (3) The cost of collecting the amount for which the person is liable under this section.
    (e) The county fiscal body shall fix the per diem described in subsection (d)(1)(A) in an amount that is reasonably related to the average daily cost of housing a person in the county jail. If the county transfers the person to another county or the department of correction under IC 35-33-11-3, the per diem is equal to the per diem charged to the county under IC 35-33-11-5.
    (f) The county sheriff shall collect the amounts due from a person under this section in conformity with the procedures specified in the ordinance adopted under subsection (b). If the county sheriff does not collect the amount due to the county, the county attorney may collect the amount due.

SOURCE: IC 36-2-13-16.3; (01)CR044402.2. -->     SECTION 2. IC 36-2-13-16.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16.3. (a) If the county legislative body adopts an ordinance electing to implement section 15.3 of this chapter, the county legislative body shall establish a nonreverting county prisoner reimbursement fund.
    (b) All amounts collected under section 15.3 of this chapter must be deposited in the county prisoner reimbursement fund.
    (c) Any amount earned from the investment of amounts in the fund becomes part of the fund.
    (d) Notwithstanding any other law, upon appropriation by the county fiscal body, amounts in the fund may be used by the county

only for:
        (1) operating, constructing, repairing, remodeling, enlarging, and equipping:
            (A) a county jail; or
            (B) a juvenile detention center to be operated under IC 31-31-8 or IC 31-31-9; or
        (2) the costs of care, maintenance, and housing of prisoners, including the cost of housing prisoners in the facilities of another county.
".
    (Reference is to SB 444 as printed on February 9, 2001.)

and when so amended that said bill do pass.

__________________________________

Representative Dvorak


CR044402/DI 105    2001