Early payment of probation user's fee; recalculation of probation
user's fee; discharge; multiple fees; wage garnishment;
withholding driving privileges
Sec. 1.7. (a) A person may pay a monthly probation user's fee
under section 1 or 1.5 of this chapter before the date the payment is
required to be made without obtaining the prior approval of a court
or a probation department. However, if a delinquent child is
discharged from probation before the date the delinquent child was
scheduled to be released from probation, any monthly probation
user's fee paid in advance for the delinquent child may not be
refunded.
(b) A probation department may petition a court to:
(1) impose a probation user's fee on a person; or
(2) increase a person's probation user's fee;
under section 1 or 1.5 of this chapter if the financial ability of the
person to pay a probation user's fee changes while the person is on
probation.
(c) An order to pay a probation user's fee under section 1 or 1.5 of
this chapter:
(1) is a judgment lien that:
(A) attaches to the property of the person subject to the
order;
(B) may be perfected;
(C) may be enforced to satisfy any payment that is
delinquent under section 1 or 1.5 of this chapter; and
(D) expires;
in the same manner as a judgment lien created in a civil
proceeding;
(2) is not discharged by the completion of the person's
probationary period or other sentence imposed on the person;
and
(3) is not discharged by the liquidation of a person's estate by a
receiver under IC 32-30-5.
(d) A delinquent child placed on probation for more than one (1)
delinquent act:
(1) may be required to pay more than one (1) initial probation
user's fee; and
(2) may not be required to pay more than one (1) monthly
probation user's fee per month;
to either the probation department or the clerk of the court.
(e) If a court orders a person to pay a probation user's fee under
section 1 or 1.5 of this chapter, the court may garnish the wages,
salary, and other income earned by the person to enforce the order.
(f) If:
(1) a person is delinquent in paying the person's probation user's
fees required under section 1 or 1.5 of this chapter; and
(2) the person's driver's license or permit has been suspended or
revoked or the person has never been issued a driver's license or
permit;
the court may order the bureau of motor vehicles to not issue a
driver's license or permit to the person until the person has paid the
person's delinquent probation user's fees.
As added by P.L.2-2005, SEC.82.
Last modified: May 24, 2006