Probation user's fees; administrative fee; administrative costs;
transfer of three percent of probation user's fee; collection of
administrative fee; payment by credit card; credit card security
Sec. 1. (a) Subject to IC 31-40-1-3, a juvenile court may order
each delinquent child who receives supervision under IC 31-37-19 or
the child's parent, guardian, or custodian to pay to either the
probation department or the clerk of the court:
(1) an initial probation user's fee of at least twenty-five dollars
($25) but not more than one hundred dollars ($100);
(2) a probation user's fee of at least ten dollars ($10) but not
more than twenty-five dollars ($25) for each month the child
receives supervision; and
(3) an administrative fee of one hundred dollars ($100) if the
delinquent child is supervised by a juvenile probation officer.
(b) If a clerk of a court collects a probation user's fee, the clerk:
(1) may keep not more than three percent (3%) of the fee to
defray the administrative costs of collecting the fee and shall
deposit any fee kept under this subsection in the clerk's record
perpetuation fund established under IC 33-37-5-2; and
(2) if requested to do so by the county auditor, city fiscal
officer, or town fiscal officer under clause (A), (B), or (C),
transfer not more than three percent (3%) of the fee to the:
(A) county auditor who shall deposit the money transferred
under this subdivision into the county general fund;
(B) city general fund when requested by the city fiscal
officer; or
(C) town general fund when requested by the town fiscal
officer.
(c) The probation department or clerk shall collect the
administrative fee under subsection (a)(3) before collecting any other
fee under subsection (a). The probation department or the clerk shall
deposit the probation user's fees and the administrative fees paid
under subsection (a) into the county supplemental juvenile probation
services fund.
(d) In addition to other methods of payment allowed by law, a
probation department may accept payment of fees required under this
section and section 1.5 of this chapter by credit card (as defined in
IC 14-11-1-7). The liability for payment is not discharged until the
probation department receives payment or credit from the institution
responsible for making the payment or credit.
(e) The probation department may contract with a bank or credit
card vendor for acceptance of bank or credit cards. However, if there
is a vendor transaction charge or discount fee, whether billed to the
probation department or charged directly to the probation
department's account, the probation department may collect a credit
card service fee from the person using the bank or credit card. The
fee collected under this subsection is a permitted additional charge
to the money the probation department is required to collect under
subsection (a).
(f) The probation department shall deposit the credit card service
fees collected under subsection (e) into the county supplemental
juvenile probation services fund. These funds may be used without
appropriation to pay the transaction charge or discount fee charged
by the bank or credit card vendor.
As added by P.L.1-1997, SEC.23. Amended by P.L.277-2003, SEC.5;
P.L.98-2004, SEC.116.
Last modified: May 24, 2006