Indiana-2011-HB1532-Introduced

Introduced Version

HOUSE BILL No. 1532

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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.

Introduced

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 corrections.

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 applies; and
        (2) awards wardship of the child to the department of correction;
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 department.
    (d) Contracts between a prosecuting attorney, a private attorney, or a collection agency licensed under IC 25-11 and the department:
        (1) must:
            (A) be in writing;
            (B) include:
                (i) all fees, charges, and costs, including administrative and application fees; and
                (ii) the right of the department to cancel the contract at any time;
            (C) require the prosecuting attorney, private attorney, or collection agency, upon the request of the department, to provide the:
                (i) source of each payment received for a parental reimbursement order;
                (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 order; and
            (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).