Introduced Version




Citations Affected: IC 36-2-13.

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 county.

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.
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    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

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

SOURCE: IC 36-2-13-15; (01)IN2047.1.1. -->     SECTION 1. IC 36-2-13-15 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 IC 35-41-1-18.
    (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 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) 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 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; (01)IN2047.1.2. -->     SECTION 2. IC 36-2-13-16 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 for:
         (1) the operation, construction, repair, remodeling, enlarging, and equipment of:
            (1) (A) a county jail; or
            (2) (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 costs of housing prisoners in the facilities of another county.