Citations Affected: IC 33-37; IC 35-38.
Synopsis: Court costs, fees, and fines. Conference committee report for ESB 125. Specifies that
the $13 service of process fee that a sheriff is required to collect from a party requesting service
of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff
may be collected only one time per case for the duration of the case. Allows a court to suspend
payment of court costs and court imposed fines until a convicted person has completed all or part
of the person's sentence. Grants a court continuing jurisdiction over the convicted person until
the costs and fines are completely paid. Allows a court to use contempt proceedings or wage
garnishment to enforce its order for payment. Makes conforming amendments. (This conference
committee report: (1) removes provisions that would allow the Wayne superior court No.1
and Wayne superior court No.2 to appoint a referee and a commissioner; and (2) adds the
provision concerning the $13 service of process fee.)
Effective: July 1, 2007.
Your Conference Committee appointed to confer with a like committee from the Senate upon Engrossed House Amendments to Engrossed Senate Bill No. 125 respectfully reports that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning courts.
Delete everything after the enacting clause and insert the following:
(2) the entire amount of the costs at some later date; or
(3) specified parts of the costs at designated intervals.
(b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs:
(1) at the time the costs are due; or
(2) in a manner set forth in subsection (a)(2) through (a)(3).
(c) If a court suspends payment of costs under subsection (b), the court retains jurisdiction over the convicted person until the convicted person has paid the entire amount of the costs.
(b) (d) Upon any default in the payment of the costs:
(1) an attorney representing the county may bring an action on a debt for the unpaid amount;
(2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or
(3) the court may institute contempt proceedings to enforce the court's order for payment of the costs.
(c) (e) If, after a hearing under subsection (a) or (b), the court
determines that a convicted person is able to pay part of the costs of
representation, the court shall order the person to pay an amount of not
more than the cost of the defense services rendered on behalf of the
person. The clerk shall deposit the amount paid by a convicted person
under this subsection in the county's supplemental public defender
services fund established under IC 33-40-3-1.
(d) (f) A person ordered to pay part of the cost of representation
under subsection (c) (e) has the same rights and protections as those of
other judgment debtors under the Constitution of the State of Indiana
and Indiana law.
county auditor of the county in which the sheriff has jurisdiction.
(d) The county auditor shall deposit fees collected under this section:
(1) in the pension trust established by the county under IC 36-8-10-12; or
(2) if the county has not established a pension trust under IC 36-8-10-12, in the county general fund.
probationary period; and
(2) the petition to revoke probation is filed during the probationary period or 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) When a petition is filed charging a violation of a condition of probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if there is a risk of the person's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period of probation until the final determination of the charge.
(d) The court shall conduct a hearing concerning the alleged violation. The court may admit the person to bail pending the hearing.
(e) The state must prove the violation by a preponderance of the evidence. The evidence shall be presented in open court. The person is entitled to confrontation, cross-examination, and representation by counsel.
(f) Probation may not be revoked for failure to comply with conditions of a sentence that imposes financial obligations on the person unless the person recklessly, knowingly, or intentionally fails to pay.
(g) If the court finds that the person has violated a condition at any time before termination of the period, and the petition to revoke is filed within the probationary period, the court may:
(1) continue the person on probation, with or without modifying or enlarging the conditions;
(2) extend the person's probationary period for not more than one (1) year beyond the original probationary period; or
(3) order execution of all or part of the sentence that was suspended at the time of initial sentencing.
(h) If the court finds that the person has violated a condition of home detention at any time before termination of the period, and the petition to revoke probation is filed within the probationary period, the court shall:
(1) order a sanction as set forth in subsection (g); and
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(i) If the court finds that the person has violated a condition during any time before the termination of the period, and the petition is filed under subsection (a) after the probationary period has expired, the court may:
(1) reinstate the person's probationary period, with or without enlarging the conditions, if the sum of the length of the original probationary period and the reinstated probationary period does not exceed the length of the maximum sentence allowable for the offense that is the basis of the probation; or
(2) order execution of all or part of the sentence that was suspended at the time of the initial sentencing.
(j) If the court finds that the person has violated a condition of home
detention during any time before termination of the period, and the
petition is filed under subsection (a) after the probation period has
expired, the court shall:
(1) order a sanction as set forth in subsection (i); and
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(k) A judgment revoking probation is a final appealable order.
(l) Failure to pay fines or costs required as a condition of probation may not be the sole basis for commitment to the department of correction.
(m) Failure to pay fees or costs assessed against a person under IC 33-40-3-6,
IC 33-37-2-3(c), IC 33-37-2-3(e), or IC 35-33-7-6 is not
grounds for revocation of probation.
(Reference is to ESB 125 as reprinted March 27, 2007.)
Senator DillonRepresentative Kuzman
Senator LananeRepresentative Elrod
Senate Conferees House Conferees