HOUSE BILL No. 1532
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-40-1.
Synopsis: Reimbursement of costs of delinquent offenders. Requires
a county to reimburse the department of correction for the costs
incurred by the department of correction for a child from the county
who is made a ward of the department of correction for a delinquent act
other than certain offenses against persons. Permits a juvenile court to
order a parent or guardian of the estate of a child to pay or reimburse
the county or the department of correction for these costs. Repeals a
provision transferring the obligation of paying for incarcerated
delinquent offenders from the county to the state.
Effective: January 1, 2012.
January 20, 2011, read first time and referred to Committee on Courts and Criminal Code.
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1532
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-40-1-3.2; (11)IN1532.1.1. -->
SECTION 1. IC 31-40-1-3.2 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2012]: Sec. 3.2. (a) This section applies to a child who:
(1) is adjudicated to be a delinquent child for:
(A) a delinquent act described in IC 31-37-2; or
(B) a delinquent act described in IC 31-37-1, other than an
act that would be an offense under IC 35-42 (offenses
against the person) if committed by an adult; and
(2) is made a ward of the department of correction as a result
of the adjudication described in subdivision (1).
(b) After December 31, 2011, the department of correction is not
responsible for the costs of secure detention and other costs of
wardship incurred by the department of correction for a child
described in subsection (a), including the cost of:
(1) housing for the delinquent child; and
(2) rehabilitation services, reentry services, and any other
services provided by or through the department of correction
to the delinquent child.
(c) The county served by a juvenile court that awards wardship
of a child described in subsection (a) to the department of
correction shall reimburse the department of correction for the
costs described in subsection (b) not later than thirty (30) days
after receiving a written claim from the department of correction.
The amount payable to the department of correction shall be
reduced by any amount directly paid to the department of
correction by a parent or guardian of the estate of a delinquent
child under section 3.5 of this chapter.
SOURCE: IC 31-40-1-3.5; (11)IN1532.1.2. -->
SECTION 2. IC 31-40-1-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2012]: Sec. 3.5. (a) If a juvenile court:
(1) adjudicates a child to be a delinquent child for a
delinquent act to which section 3.2(a)(1) of this chapter
(2) awards wardship of the child to the department of
the juvenile court may conduct a hearing to determine whether a
child's parents or guardian of the child's estate should pay for, or
reimburse the county for, the costs of wardship incurred by the
department of correction after December 31, 2011, including the
cost of any services provided by or through the department of
correction. The hearing may be conducted before or after the
department of correction incurs costs for a child.
(b) Each parent and guardian of the estate of a child shall,
before a hearing under subsection (a), furnish the juvenile court
and the county with an accurately completed and current child
support obligation worksheet on the same form that is prescribed
by the Indiana supreme court for child support orders.
(c) A juvenile court may not order a parent or guardian of the
estate of a child to pay or reimburse the county if the juvenile court
makes a specific finding that the parent or guardian is unable to
pay or that justice would not be served by ordering payment from
the parent or guardian.
(d) If, after a hearing, the juvenile court orders a parent or
guardian of the estate of a child to pay or reimburse costs, the
parent or guardian of the estate of a child is financially responsible
for the costs of wardship incurred by the department of correction,
including the cost of any services provided by or through the
department of correction.
(e) The county may order any parental reimbursement
obligation under this section to be paid directly to the department
of correction or to the local court clerk so long as the juvenile
delinquency case is open. The department of correction shall keep
track of all payments made by each parent or guardian and shall
provide a receipt for each payment received to the parent or
guardian and to the county auditor. At the end of the juvenile
delinquency action, the department of correction shall provide an
accounting of payments received, and the juvenile court may
consider additional evidence of payment activity and determine the
amount of parental reimbursement obligation that remains unpaid.
The juvenile court shall reduce the unpaid balance to a final
judgment that may be enforced in any court having jurisdiction
over such matters.
(f) After a judgment for unpaid parental reimbursement
obligation is rendered, payments made toward satisfaction of the
judgment shall be made to the clerk of the court in the county
where the enforcement action is filed and shall be forwarded
promptly to the department of correction in the same manner as
any other judgment payment.
SOURCE: IC 31-40-1-6; (11)IN1532.1.3. -->
SECTION 3. IC 31-40-1-6, AS AMENDED BY P.L.182-2009(ss),
SECTION 389, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2012]: Sec. 6. (a) The department may
contract with any of the following, on terms and conditions with
respect to compensation and payment or reimbursement of expenses as
the department may determine, for the enforcement and collection of
any parental reimbursement obligation established by order entered by
the court under section 3, 3.5,
or 5(g) of this chapter:
(1) The prosecuting attorney of the county in which the juvenile
court that ordered or approved the services is located or in which
the obligor resides.
(2) An attorney licensed to practice law in Indiana, if the attorney
is not an employee of the department.
(3) A private collection agency licensed under IC 25-11.
(b) A contract entered into under this section is subject to approval
under IC 4-13-2-14.1.
(c) Any fee payable to a prosecuting attorney under a contract under
subsection (a)(1) shall be deposited in the county general fund and
credited to a separate account identified as the prosecuting attorney's
child services collections account. The prosecuting attorney may
expend funds credited to the prosecuting attorney's child services
collections account, without appropriation, only for the purpose of
supporting and enhancing the functions of the prosecuting attorney in
enforcement and collection of parental obligations to reimburse the
(d) Contracts between a prosecuting attorney, a private attorney, or
a collection agency licensed under IC 25-11 and the department:
(A) be in writing;
(i) all fees, charges, and costs, including administrative and
application fees; and
(ii) the right of the department to cancel the contract at any
(C) require the prosecuting attorney, private attorney, or
collection agency, upon the request of the department, to
(i) source of each payment received for a parental
(ii) form of each payment received for a parental
reimbursement order; and
(iii) amount and percentage that is deducted as a fee or a
charge from each payment on the parental reimbursement
(D) have a term of not more than four (4) years; and
(2) may be negotiable contingency contracts in which a
prosecuting attorney, private attorney, or collection agency may
not collect a fee that exceeds fifteen percent (15%) of the parental
reimbursement collected per case.
(e) A prosecuting attorney, private attorney, or collection agency
that contracts with the department under this section may, in addition
to the collection of the parental reimbursement order, assess and collect
from an obligor all fees, charges, costs, and other expenses as provided
under the terms of the contract described in subsection (d).
SOURCE: ; (11)IN1532.1.4. -->
SECTION 4. P.L.146-2008, SECTION 821 IS REPEALED
[EFFECTIVE JANUARY 1, 2012].