Reprinted

February 21, 2003





SENATE BILL No. 506

_____


DIGEST OF SB 506 (Updated February 20, 2003 2:48 PM - DI 105)



Citations Affected: IC 11-13; IC 31-31; IC 31-40; IC 35-38; IC 36-2.

Synopsis: Probation user's fees. Requires the county fiscal body to establish a salary schedule for probation officers, and permits the county fiscal body to make appropriations from the country supplemental juvenile probation services fund and the country supplemental adult probation services fund to supplement the salaries of probation officers. Imposes an administration fee for each person placed on probation in a juvenile or adult court. Requires the administration fee to be collected before any other probation user fee. Allows a probation department to: (1) receive payment for fees by credit card; and (2) petition a court to impose or increase probation fees if the financial position of a person changes while the person is on probation. Allows a court to: (1) enforce an order to pay probation user fees by lien or garnishing of wages; (2) impose an increased probation user fee in certain circumstances; and (3) issue an order preventing a person from receiving a driver's license or permit if the person is delinquent in payment of probation fees.

Effective: July 1, 2003.





Meeks C, Kenley, Long




    January 23, 2003, read first time and referred to Committee on Judiciary.
    February 17, 2003, amended, reported favorably _ Do Pass.
    February 20, 2003, read second time, amended, ordered engrossed.





Reprinted

February 21, 2003

First Regular Session 113th General Assembly (2003)


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 word NEW 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 or this style type reconciles conflicts between statutes enacted by the 2002 Regular or Special Session of the General Assembly.

SENATE BILL No. 506



    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 11-13-1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) A court or division of a court authorized to impose probation shall appoint one (1) or more probation officers, depending on the needs of the court, except that two (2) or more divisions within a court, two (2) or more courts within a county, or two (2) or more courts not in the same county may jointly appoint and employ one (1) or more probation officers for the purpose of meeting the requirements of this section.
    (b) A person may be appointed as a probation officer after the effective date established by the judicial conference of Indiana only if that person meets the minimum employment qualifications adopted by the conference, except that this requirement does not apply to any person certified as a qualified probation officer before that effective date. Any uncertified person appointed as a probation officer after the effective date who fails to successfully complete the written examination established under section 8 of this chapter within six (6) months after the date of his the person's appointment is prohibited

from exercising the powers of a probation officer as granted by law.
    (c) Probation officers shall serve at the pleasure of the appointing court and are directly responsible to and subject to the orders of the court. The amount and time of payment of salaries of probation officers shall be fixed by the court consistent with section 8 of this chapter to county fiscal body in accordance with the salary schedule adopted by the county fiscal body under IC 36-2-16.5. The salary of a probation officer shall be paid out of the county or city treasury by the county auditor or city controller. Probation officers are entitled to their actual expenses necessarily incurred in the performance of their duties. Probation officers shall give a bond if the court so directs in a sum to be fixed by the court.
    (d) A court, or two (2) or more courts acting jointly, may designate a probation officer to direct and supervise the work of the probation department.
    SECTION 2. IC 31-31-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The salary of a probation officer shall be fixed by the county fiscal body in accordance with the salary schedule adopted by the county fiscal body under IC 36-2-16.5. The salary of a probation officer shall be paid by the county.
    (b)
Subject to the approval of the county fiscal body, the judge shall fix and the county shall pay the salaries of the probation officers and other juvenile court employees other than probation officers.
    (b) (c) In addition to their annual salary, probation officers shall be reimbursed for any necessary travel expenses incurred in the performance of their duties in accordance with the law governing state officers and employees.
    SECTION 3. IC 31-40-1-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.7. (a) A person may pay a monthly probation user's fee under section 1 or 1.5 of this chapter before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if a delinquent child is discharged from probation before the date the delinquent child was scheduled to be released from probation, any monthly probation user's fee paid in advance for the delinquent child may not be refunded.
    (b) A probation department may petition a court to:
        (1) impose a probation user's fee on a person; or
        (2) increase a person's probation user's fee;
under section 1 or 1.5 of this chapter if the financial ability of the

person to pay a probation user's fee changes while the person is on probation.
    (c) An order to pay a probation user's fee under section 1 or 1.5 of this chapter:
        (1) is a judgment lien that:
            (A) attaches to the property of the person subject to the order;
            (B) may be perfected;
            (C) may be enforced to satisfy any payment that is delinquent under section 1 or 1.5 of this chapter; and
            (D) expires;
        in the same manner as a judgment lien created in a civil proceeding;
        (2) is not discharged by the completion of the person's probationary period or other sentence imposed on the person; and
        (3) is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5.
    (d) A delinquent child placed on probation for more than one (1) delinquent act:
        (1) may be required to pay more than one (1) initial probation user's fee; and
        (2) may not be required to pay more than one (1) monthly probation user's fee per month;
to the probation department.
    (e) If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income earned by the person to enforce the order.
    (f) If:
        (1) a person is delinquent in paying the person's probation user's fees required under section 1 or 1.5 of this chapter; and
        (2) the person's driver's license or permit has been suspended or revoked or the person has never been issued a driver's license or permit;
the court may order the bureau of motor vehicles to not issue a driver's license or permit to the person until the person has paid the person's delinquent probation user's fees.

    SECTION 4. IC 31-40-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) Subject to IC 31-40-1-3, a juvenile court may order each delinquent child who receives supervision under IC 31-37-19 or the child's parent, guardian, or custodian to pay to the probation department:


        (1) an initial probation user's fee of at least twenty-five dollars ($25) but not more than one hundred dollars ($100); and
        (2) a probation user's fee of at least five ten dollars ($5) ($10) but not more than fifteen twenty-five dollars ($15) ($25) for each month the child receives supervision; and
        (3) an administrative fee of one hundred dollars ($100) if the delinquent child is supervised by a juvenile probation officer.
If a clerk of a court collects a probation user's fee, the clerk may keep not more than six percent (6%) of the fee to defray the administrative costs of collecting the fee.

    (b) The probation department or clerk shall collect the administrative fee under subsection (a)(3) before collecting any other fee under subsection (a). The probation department shall deposit the probation user's fees and the administrative fees paid under subsection (a) into the county supplemental juvenile probation services fund.
    (c) In addition to other methods of payment allowed by law, a probation department may accept payment of fees required under this section and section 1.5 of this chapter by credit card (as defined in IC 14-11-1-7). The liability for payment is not discharged until the probation department receives payment or credit from the institution responsible for making the payment or credit.
    SECTION 5. IC 31-40-2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.5. Notwithstanding the probation user's fee amounts established under section 1 of this chapter, a court may order a person to pay a probation user's fee that exceeds the maximum amount allowed under section 1 of this chapter if:
        (1) the person was placed on probation in another state and moved or was transferred to Indiana;
        (2) the other state allows a higher probation user's fee than the maximum amount allowed under section 1 of this chapter; and
        (3) the probation user's fee the court orders the person to pay does not exceed the maximum amount allowed in the other state.

    SECTION 6. IC 31-40-2-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The fiscal body of the county shall appropriate money from the county supplemental juvenile probation services fund:
         (1) to the juvenile courts of the county for the use by the courts in

supplementing probation services to juveniles; and
        (2) to supplement the salaries of juvenile probation officers in accordance with the salary schedule set by the county fiscal body under IC 36-2-16.5.

    (b) Money in the county supplemental juvenile probation services fund may be used only for supplementing probation services and for salary increases for to supplement the salaries of probation officers in accordance with IC 31-31-5.
    SECTION 7. IC 35-38-2-1, AS AMENDED BY P.L.170-2002, SECTION 132, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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. If a clerk of a court collects a probation user's fee, the clerk may keep not more than six percent (6%) of the fee to defray the administrative costs of collecting the fee.
    (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 fifteen dollars ($5) ($15) nor more than fifteen thirty dollars ($15) ($30) 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 fee and a medical fee set by the court under IC 9-30-9-8, if the court has referred the defendant to an alcohol abuse deterrent program; and
         (5) an administrative fee of one hundred dollars ($100);
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 of not less than ten dollars ($10) nor more than twenty dollars ($20) 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; and
        (4) an administrative fee of fifty dollars ($50);

to the probation department.
    (e) The probation department or clerk shall collect the administrative fees under subsections (c)(5) and (d)(4) before collecting any other fee under subsection (c) or (d). 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:
         (1) to the county, superior, circuit, or municipal court of the county that provides probation services to adults to supplement adult probation services; and
        (2) to supplement the salaries of probation officers in accordance with the schedule adopted by the county fiscal body under IC 36-2-16.5.

    (f) The probation department or clerk shall collect the administrative fee under subsection (d)(4) before collecting any other fee under subsection (d). 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 for 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 supplement 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:
         (1) may not be required to pay more than (1) one (1) initial probation user's fee; and
        (2) may not be required to pay more than 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 eighty-two thousand seven hundred ninety (182,790) but less than two hundred thousand (200,000). 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.
    (j) In addition to other methods of payment allowed by law, a probation department may accept payment of fees required under this section and section 1.5 of this chapter by credit card (as defined in IC 14-11-1-7). The liability for payment is not discharged until the probation department receives payment or credit from the institution responsible for making the payment or credit.
    SECTION 8. IC 35-38-2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.5. Notwithstanding the probation user's fee amounts established under section 1 of this chapter, a court may order a person to pay a probation user's fee that exceeds the maximum amount allowed under section 1 of this chapter if:
        (1) the person was placed on probation in another state and moved or was transferred to Indiana;


        (2) the other state allows a higher probation user's fee than the maximum amount allowed under section 1 of this chapter; and
        (3) the probation user's fee the court orders the person to pay does not exceed the maximum amount allowed in the other state.

    SECTION 9. IC 35-38-2-1.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.7. (a) A person may pay a monthly probation user's fee under section 1 or 1.5 of this chapter before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if the person is discharged from probation before the date the person was scheduled to be released from probation, any monthly probation user's fee paid in advance by the person may not be refunded.
     (b) A probation department may petition a court to:
        (1) impose a probation user's fee on a person; or
        (2) increase a person's probation user's fee;
under section 1 or 1.5 of this chapter if the financial ability of the person to pay a probation user's fee changes while the person is on probation.

     (c) An order to pay a probation user's fee under section 1 or 1.5 of this chapter:
        (1) is a judgment lien that:
            (A) attaches to the property of the person subject to the order;
            (B) may be perfected;
            (C) may be enforced to satisfy any payment that is delinquent under section 1 or 1.5 of this chapter; and
            (D) expires;
        in the same manner as a judgment lien created in a civil proceeding;
        (2) is not discharged by the completion of the person's probationary period or other sentence imposed on the person; and
        (3) is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5.

     (d) If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income earned by the person to enforce the order.
    (e) If:
        (1) a person is delinquent in paying the person's probation user's fees required under section 1 or 1.5 of this chapter; and
        (2) the person's driver's license or permit has been suspended or revoked or the person has never been issued a driver's license or permit;
the court may order the bureau of motor vehicles to not issue a driver's license or permit to the person until the person has paid the person's delinquent probation user's fees.
    SECTION 10. IC 36-2-16.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]:
     Chapter 16.5. Salary Schedule for Probation Officers
    Sec. 1. This chapter applies to all counties.
    Sec. 2. As used in this chapter, "probation officer" means a probation officer or a juvenile probation officer.
    Sec. 3. In consultation with:
        (1) at least one (1) judge of a court or division of a court authorized to impose probation; and
        (2) at least one (1) probation officer;
the county fiscal body shall adopt a salary schedule setting the compensation of a probation officer.
The salary schedule must comply with the minimum compensation requirements for probation officers adopted by the judicial conference of Indiana under IC 11-13-1-8.
    Sec. 4. The county fiscal body shall fix the salary of a probation officer based on the salary schedule adopted under this chapter.
    Sec. 5. Unless otherwise specified in the salary schedule, a probation officer is entitled to the same benefits, holidays, and hours as other county employees.