Early payment of probation user's fee; recalculation of probation
user's fee; discharge; 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 the person is discharged from
probation before the date the person was scheduled to be released
from probation, any monthly probation user's fee paid in advance by
the person 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) 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.
(e) 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.277-2003, SEC.13.
Last modified: May 24, 2006