HOUSE BILL No. 2047
DIGEST OF INTRODUCED BILL
Synopsis: Reimbursements by county jail inmates. Eliminates the 72
hour minimum stay before a prisoner is required to reimburse the
county for the cost of detention. Increases the prisoner reimbursement
fee from $30 to $50. Allows funds in the prisoner reimbursement fund
to be used for the cost of care, maintenance, and housing of prisoners,
including the costs of housing prisoners in the facilities of another
Effective: July 1, 2001.
January 17, 2001, read first time and referred to Committee on Courts and Criminal Code.
First Regular Session 112th General Assembly (2001)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2000 General Assembly.
HOUSE BILL No. 2047
A BILL FOR AN ACT to amend the Indiana Code concerning local
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-2-13-15; (01)IN2047.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15. (a) As used in this
section, "lawful detention" has the meaning set forth in
(b) This section applies to a county only 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 seventy-two (72) 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
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
thirty fifty dollars ($30); ($50);
multiplied by each day or part of a day that the person is lawfully
detained in a county jail or lawfully detained under
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
, the per diem is equal to the per diem charged to
the county under
(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; (01)IN2047.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16. (a) If the county
legislative body adopts an ordinance electing to implement section 15
of this chapter, the county legislative body shall establish a
nonreverting county prisoner reimbursement fund.
(b) All amounts collected under section 15 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
the operation, construction, repair, remodeling, enlarging, and
a county jail; or
a juvenile detention center to be operated under
(2) the costs of care, maintenance, and housing of prisoners,
including the costs of housing prisoners in the facilities of