Bill Text: IN SB0560 | 2011 | Regular Session | Introduced
Bill Title: Deferral and diversion fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0560 Detail]
Download: Indiana-2011-SB0560-Introduced.html
Citations Affected: IC 11-8-8-21; IC 33-37.
Synopsis: Deferral and diversion fees. Provides that the state sex and
violent offender administration fund may be used to assist the
department of correction in carrying out its duties concerning GPS
monitoring of sexually violent predators and sex and violent offenders.
Directs $1, 1.2%, or 1.5% (depending on which court collects the fee)
of the pretrial diversion fee and deferred prosecution fee to the state sex
and violent offender administration fund, and directs the same amount
to the public defense fund.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(1) IC 11-8-2-12.4 concerning the Indiana sex and violent offender registry; and
(2) IC 11-13-3-4 concerning GPS monitoring of sexually violent predators and sex and violent offenders.
The fund shall be administered by the department.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) The fund consists of:
(1) grants;
(2) donations;
(3) appropriations;
(4) money from the annual sex or violent offender registration fee
(IC 36-2-13-5.6(a)(1)(A)); and
(5) money from the sex or violent offender address change fee
(IC 36-2-13-5.6(a)(1)(B)).
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund is continually appropriated to carry out the
purposes of the fund.
(b) In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee (IC 33-37-5-8(b)).
(4) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
(5) A drug abuse, prosecution, interdiction, and correction fee (IC 33-37-5-9).
(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(7) A child abuse prevention fee (IC 33-37-5-12).
(8) A domestic violence prevention and treatment fee (IC 33-37-5-13).
(9) A highway work zone fee (IC 33-37-5-14).
(10) A deferred prosecution fee (IC 33-37-5-17).
(11) A document storage fee (IC 33-37-5-20).
(12) An automated record keeping fee (IC 33-37-5-21).
(13) A late payment fee (IC 33-37-5-22).
(14) A sexual assault victims assistance fee (IC 33-37-5-23).
(15) A public defense administration fee (IC 33-37-5-21.2).
(16) A judicial insurance adjustment fee (IC 33-37-5-25).
(17) A judicial salaries fee (IC 33-37-5-26).
(18) A court administration fee (IC 33-37-5-27).
(19) A DNA sample processing fee (IC 33-37-5-26.2).
(c) Instead of the criminal costs fee prescribed by this section,
except for the automated record keeping fee (IC 33-37-5-21), the clerk
shall collect a pretrial diversion program fee if an agreement between
the prosecuting attorney and the accused person entered into under
IC 33-39-1-8 requires payment of those fees by the accused person.
The pretrial diversion program fee is:
(1) an initial user's fee of fifty dollars ($50); and
(2) a monthly user's fee of ten dollars ($10) for each month that
the person remains in the pretrial diversion program.
(d) The clerk shall transfer to the county auditor or city or town
fiscal officer the following fees, not later than thirty (30) days after the
fees are collected:
(1) the Forty-eight dollars ($48) of each pretrial diversion initial
user fee.
(2) The pretrial diversion monthly user fee.
(2) (3) The marijuana eradication program fee.
(3) (4) The alcohol and drug services program user fee.
(4) (5) The law enforcement continuing education program fee.
The auditor or fiscal officer shall deposit fees transferred under this
subsection in the appropriate user fee fund established under
IC 33-37-8.
(e) The clerk shall transfer to the auditor of state, not later than
thirty (30) days after the fees are collected, two dollars ($2) of each
pretrial diversion initial user fee. The auditor of state shall deposit:
(1) one dollar ($1) in the public defense fund established by
IC 33-40-6-1; and
(2) one dollar ($1) in the state sex and violent offender
administration fund established by IC 11-8-8-21.
(e) (f) Unless otherwise directed by a court, if a clerk collects only
part of a criminal costs fee from a defendant under this section, the
clerk shall distribute the partial payment of the criminal costs fee as
follows:
(1) The clerk shall apply the partial payment to general court
costs.
(2) If there is money remaining after the partial payment is
applied to general court costs under subdivision (1), the clerk
shall distribute the remainder of the partial payment for deposit in
the appropriate county user fee fund.
(3) If there is money remaining after distribution under
subdivision (2), the clerk shall distribute the remainder of the
partial payment for deposit in the state user fee fund.
(4) If there is money remaining after distribution under
subdivision (3), the clerk shall distribute the remainder of the
partial payment to any other applicable user fee fund.
(5) If there is money remaining after distribution under
subdivision (4), the clerk shall apply the remainder of the partial
payment to any outstanding fines owed by the defendant.
(1) for a violation constituting an infraction; or
(2) for a violation of an ordinance of a municipal corporation (as defined in IC 36-1-2-10);
the clerk shall collect from the defendant an infraction or ordinance violation costs fee of seventy dollars ($70).
(b) In addition to the infraction or ordinance violation costs fee collected under this section, the clerk shall collect from the defendant the following fees, if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).
(2) An alcohol and drug services program user fee (IC 33-37-5-8(b)).
(3) A law enforcement continuing education program fee (IC 33-37-5-8(c)).
(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(5) A highway work zone fee (IC 33-37-5-14).
(6) A deferred prosecution fee (IC 33-37-5-17).
(7) A jury fee (IC 33-37-5-19).
(8) A document storage fee (IC 33-37-5-20).
(9) An automated record keeping fee (IC 33-37-5-21).
(10) A late payment fee (IC 33-37-5-22).
(11) A public defense administration fee (IC 33-37-5-21.2).
(12) A judicial insurance adjustment fee (IC 33-37-5-25).
(13) A judicial salaries fee (IC 33-37-5-26).
(14) A court administration fee (IC 33-37-5-27).
(15) A DNA sample processing fee (IC 33-37-5-26.2).
(c) The clerk shall transfer to the county auditor or fiscal officer of the municipal corporation the following fees, not later than thirty (30) days after the fees are collected:
(1) The alcohol and drug services program user fee (IC 33-37-5-8(b)).
(2) The law enforcement continuing education program fee (IC 33-37-5-8(c)).
(3)
fee (subsection (e) (1)) , or, if the initial user's fee is less than
fifty-two dollars ($52), all but two dollars ($2) of the initial
user's fee.
(4) The deferral program monthly user's fee under subsection
(e)(2).
The auditor or fiscal officer shall deposit the fees in the user fee fund
established under IC 33-37-8.
(d) The defendant is not liable for any ordinance violation costs fee
in an action if all the following apply:
(1) The defendant was charged with an ordinance violation
subject to IC 33-36.
(2) The defendant denied the violation under IC 33-36-3.
(3) Proceedings in court against the defendant were initiated
under IC 34-28-5 (or IC 34-4-32 before its repeal).
(4) The defendant was tried and the court entered judgment for
the defendant for the violation.
(e) Instead of the infraction or ordinance violation costs fee
prescribed by subsection (a), except for the automated record keeping
fee (IC 33-37-5-21), the clerk shall collect a deferral program fee if an
agreement between a prosecuting attorney or an attorney for a
municipal corporation and the person charged with a violation entered
into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires
payment of those fees by the person charged with the violation. The
deferral program fee is:
(1) an initial user's fee not to exceed fifty-two dollars ($52); and
(2) a monthly user's fee not to exceed ten dollars ($10) for each
month the person remains in the deferral program.
(f) The clerk shall transfer to the auditor of state, not later than
thirty (30) days after the fees are collected, two dollars ($2) of each
deferral program initial user's fee. The auditor of state shall
deposit:
(1) one dollar ($1) in the public defense fund established by
IC 33-40-6-1; and
(2) one dollar ($1) in the state sex and violent offender
administration fund established by IC 11-8-8-21.
(f) (g) The fees prescribed by this section are costs for purposes of
IC 34-28-5-5 and may be collected from a defendant against whom
judgment is entered. Any penalty assessed is in addition to costs.
deposit in the homeowner protection unit account established by
IC 4-6-12-9 one hundred percent (100%) of the automated record
keeping fees collected under IC 33-37-5-21 with respect to actions
resulting in the accused person entering into a pretrial diversion
program agreement under IC 33-39-1-8 or a deferral program
agreement under IC 34-28-5-1 and, except as provided in subsection
(n), for deposit in the state general fund seventy percent (70%) of the
amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
auditor of state for deposit in the state user fee fund established in
IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) Fifty percent (50%) of the child abuse prevention fees
collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected
under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record keeping
fee (IC 33-37-5-21) not distributed under subsection (a).
(c) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free community fund established under IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county auditor fifty percent (50%) of the child abuse prevention fees collected under IC 33-37-4-1(b)(7). The county auditor shall deposit fees distributed by a clerk under this subsection into the county child advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to the county auditor one hundred percent (100%) of the late payment fees collected under IC 33-37-5-22. The county auditor shall deposit fees distributed by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county fiscal body, the county auditor shall deposit forty percent (40%) of the fees in the clerk's record perpetuation fund established under IC 33-37-5-2 and sixty percent (60%) of the fees in the county general fund.
(2) If the county fiscal body has not adopted an ordinance described in subdivision (1), the county auditor shall deposit all the fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the sexual assault victims assistance account established by IC 5-2-6-23(h) one hundred percent (100%) of the sexual assault victims assistance fees collected under IC 33-37-5-23.
(g) The clerk of a circuit court shall distribute monthly to the county auditor the following:
(1) One hundred percent (100%) of the support and maintenance fees for cases designated as non-Title IV-D child support cases in the Indiana support enforcement tracking system (ISETS) collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for cases designated as IV-D child support cases in ISETS collected under IC 33-37-5-6 that is reimbursable to the county at the federal financial participation rate.
The county clerk shall distribute monthly to the office of the secretary of family and social services the percentage share of the support and maintenance fees for cases designated as Title IV-D child support cases in ISETS collected under IC 33-37-5-6 that is not reimbursable to the county at the applicable federal financial participation rate.
(h) The clerk of a circuit court shall distribute monthly to the county auditor the following:
(1) One hundred percent (100%) of the small claims service fee under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in the county general fund.
(2) One hundred percent (100%) of the small claims garnishee service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for deposit in the county general fund.
(i) This subsection does not apply to court administration fees collected in small claims actions filed in a court described in IC 33-34. The clerk of a circuit court shall semiannually distribute to the auditor of state for deposit in the state general fund one hundred percent (100%) of the following:
(1) The public defense administration fee collected under IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(j) The clerk of a circuit court shall semiannually distribute to the auditor of state for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2 one hundred percent (100%) of the judicial insurance adjustment fee collected under IC 33-37-5-25.
(k) The proceeds of the service fee collected under IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as follows:
(1) The clerk shall distribute one hundred percent (100%) of the service fees collected in a circuit, superior, county, or probate court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the service fees collected in a city or town court to the city or town fiscal officer for deposit in the city or town general fund.
(l) The proceeds of the garnishee service fee collected under IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as follows:
(1) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in a circuit, superior, county, or probate court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in a city or town court to the city or town fiscal officer for deposit in the city or town general fund.
(m) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the home ownership education account
established by IC 5-20-1-27 one hundred percent (100%) of the
mortgage foreclosure counseling and education fees collected under
IC 33-37-5-30 (before its expiration on January 1, 2013).
(n) This subsection applies only to the seventy percent (70%) of
the deferred prosecution fee (IC 33-37-5-17) transferred to the
auditor of state under subsection (a). The auditor of state shall
deposit:
(1) one and two-tenths percent (1.2%) of the deferred
prosecution fee received from the clerk of a circuit court in
the public defense fund established by IC 33-40-6-1; and
(2) one and two-tenths percent (1.2%) of the deferred
prosecution fee received from the clerk of a circuit court in
the state sex and violent offender administration fund
established by IC 11-8-8-21.
The auditor of state shall deposit the remaining funds in the state
general fund.
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share twenty percent (20%) of the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(c) The city or town fiscal officer shall retain twenty-five percent
(25%) as the city or town share of the fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(d) The clerk of a city or town court shall distribute semiannually to
the auditor of state for deposit in the state user fee fund established in
IC 33-37-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(4) One hundred percent (100%) of the safe schools fee collected
under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated record keeping
fee (IC 33-37-5-21) not distributed under subsection (a).
(e) The clerk of a city or town court shall distribute monthly to the
county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and corrections fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established under
IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to the
city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
percent (100%) of the following:
(1) The late payment fees collected under IC 33-37-5-22.
(2) The small claims service fee collected under
IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
(3) The small claims garnishee service fee collected under
IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit
fees distributed by a clerk under this subsection in the city or town
general fund.
(g) The clerk of a city or town court shall semiannually distribute to
the auditor of state for deposit in the state general fund one hundred
percent (100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(3) The court administration fees collected under IC 33-37-5-27.
(h) The clerk of a city or town court shall semiannually distribute to
the auditor of state for deposit in the judicial branch insurance
adjustment account established by IC 33-38-5-8.2 one hundred percent
(100%) of the judicial insurance adjustment fee collected under
IC 33-37-5-25.
(i) The clerk of a city or town court shall semiannually distribute to
the auditor of state for deposit in the state general fund seventy-five
percent (75%) of the judicial salaries fee collected under
IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
percent (25%) of the judicial salaries fee collected under
IC 33-37-5-26. The funds retained by the city or town shall be
prioritized to fund city or town court operations.
(j) This subsection applies only to the fifty-five percent (55%) of
the deferred prosecution fee (IC 33-37-5-17) transferred to the
auditor of state under subsection (a). The auditor of state shall
deposit:
(1) one and five-tenths percent (1.5%) of the deferred
prosecution fee received from the clerk of a city or town court
in the public defense fund established by IC 33-40-6-1; and
(2) one and five-tenths percent (1.5%) of the deferred
prosecution fee received from the clerk of a city or town court
in the state sex and violent offender administration fund
established by IC 11-8-8-21.
The auditor of state shall deposit the remaining funds in the state
general fund.
