Bill Text: IN HB1113 | 2010 | Regular Session | Introduced
Bill Title: Reimbursement of incarceration expenses.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Ways and Means [HB1113 Detail]
Download: Indiana-2010-HB1113-Introduced.html
Citations Affected: IC 35-38-1-9; IC 35-50-5-5.
Synopsis: Reimbursement of incarceration expenses. Provides that a
court may require an inmate sentenced to the department of correction
to pay certain incarceration costs.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Ways and Means.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(1) the circumstances attending the commission of the offense;
(2) the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, education, and personal habits;
(3) the impact of the crime upon the victim; and
(4) the convicted person's financial situation, including the convicted person's net worth.
to the question of sentence and must include:
(1) any matters the court directs to be included;
(2) any written statements submitted to the prosecuting attorney
by a victim under IC 35-35-3;
(3) any written statements submitted to the probation officer by a
victim; and
(4) preparation of the victim impact statement required under
section 8.5 of this chapter.
(d) (e) If there are no written statements submitted to the probation
officer, he the officer shall certify to the court:
(1) that he the officer has attempted to contact the victim; and
(2) that if he the officer has contacted the victim he the officer
has offered to accept the written statements of the victim or to
reduce his the victim's oral statements to writing, concerning the
sentence, including the acceptance of any recommendation.
(e) (f) A presentence investigation report prepared by a probation
officer must include the information and comply with any other
requirements established in the rules adopted under IC 11-13-1-8.
(b) This section applies only to a person:
(1) who is sentenced for a felony or a misdemeanor;
(2) who has been ordered to serve a sentence in the department of correction; and
(3) whose net worth is more than forty thousand dollars ($40,000).
(c) At the time the court imposes a sentence, the court shall order the person to execute a reimbursement plan as directed by the court and make repayments under the plan to the department of correction.
(d) The reimbursement plan must reference the total costs of incarceration as stated in the sentencing order under IC 35-38-1-5.
(e) The court shall use the following schedule to determine the percentage of the total costs of incarceration for which the person is liable:
(1) A person whose net worth is more than two hundred thousand dollars ($200,000) is responsible for one hundred percent (100%) of the person's incarceration expenses.
(2) A person whose net worth is more than one hundred sixty thousand dollars ($160,000) but
thousand dollars ($200,000) is responsible for eighty percent
(80%) of the person's incarceration expenses.
(3) A person whose net worth is more than one hundred
twenty thousand dollars ($120,000) but not more than one
hundred sixty thousand dollars ($160,000) is responsible for
sixty percent (60%) of the person's incarceration expenses.
(4) A person whose net worth is more than eighty thousand
dollars ($80,000) but not more than one hundred twenty
thousand dollars ($120,000) is responsible for forty percent
(40%) of the person's incarceration expenses.
(5) A person whose net worth is more than forty thousand
dollars ($40,000) but not more than eighty thousand dollars
($80,000) is responsible for twenty percent (20%) of the
person's incarceration expenses.
(f) If a person liable under this section defaults on any
reimbursement liabilities, the person is responsible for any costs
related to the collection of any outstanding reimbursement
expenses.
(g) An order under this section is not discharged:
(1) by the completion of a sentence imposed for a felony or
misdemeanor; or
(2) by the liquidation of a person's estate by a receiver under
IC 32-30-5.
