Conditions of probation; advice on violation specification in
record; administrative costs; transfer of three percent of probation
user's fee; administrative fee; user's fee; collection of
administrative fee; disposition of money collected; supplemental
adult probation services fund; payment by credit card; credit card
service fee
Sec. 1. (a) Whenever it places a person on probation, the court
shall:
(1) specify in the record the conditions of the probation; and
(2) advise the person that if the person violates a condition of
probation during the probationary period, a petition to revoke
probation may be filed before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(b) In addition, if the person was convicted of a felony and is
placed on probation, the court shall order the person to pay to the
probation department the user's fee prescribed under subsection (c).
If the person was convicted of a misdemeanor, the court may order
the person to pay the user's fee prescribed under subsection (d). The
court may:
(1) modify the conditions (except a fee payment may only be
modified as provided in section 1.7(b) of this chapter); or
(2) terminate the probation;
at any time. If the person commits an additional crime, the court may
revoke the probation.
(c) 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.
(d) In addition to any other conditions of probation, the court shall
order each person convicted of a felony to pay:
(1) not less than twenty-five dollars ($25) nor more than one
hundred dollars ($100) as an initial probation user's fee;
(2) a monthly probation user's fee of not less than fifteen dollars
($15) nor more than thirty dollars ($30) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus
(HIV) antigen or antibodies to the human immunodeficiency
virus (HIV) if such tests are required by the court under section
2.3 of this chapter;
(4) an alcohol abuse deterrent fee and a medical fee set by the
court under IC 9-30-9-8, if the court has referred the defendant
to an alcohol abuse deterrent program; and
(5) an administrative fee of one hundred dollars ($100);
to either the probation department or the clerk.
(e) In addition to any other conditions of probation, the court may
order each person convicted of a misdemeanor to pay:
(1) not more than a fifty dollar ($50) initial probation user's fee;
(2) a monthly probation user's fee of not less than ten dollars
($10) nor more than twenty dollars ($20) for each month that
the person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus
(HIV) antigen or antibodies to the human immunodeficiency
virus (HIV) if such tests are required by the court under section
2.3 of this chapter; and
(4) an administrative fee of fifty dollars ($50);
to either the probation department or the clerk.
(f) The probation department or clerk shall collect the
administrative fees under subsections (d)(5) and (e)(4) before
collecting any other fee under subsection (d) or (e). All money
collected by the probation department or the clerk under this section
shall be transferred to the county treasurer who shall deposit the
money into the county supplemental adult probation services fund.
The fiscal body of the county shall appropriate money from the
county supplemental adult probation services fund:
(1) to the county, superior, circuit, or municipal court of the
county that provides probation services to adults to supplement
adult probation services; and
(2) to supplement the salaries of probation officers in
accordance with the schedule adopted by the county fiscal body
under IC 36-2-16.5.
(g) The probation department or clerk shall collect the
administrative fee under subsection (e)(4) before collecting any other
fee under subsection (e). All money collected by the probation
department or the clerk of a city or town court under this section
shall be transferred to the fiscal officer of the city or town for deposit
into the local supplemental adult probation services fund. The fiscal
body of the city or town shall appropriate money from the local
supplemental adult probation services fund to the city or town court
of the city or town for the court's use in providing probation services
to adults or for the court's use for other purposes as may be
appropriated by the fiscal body. Money may be appropriated under
this subsection only to those city or town courts that have an adult
probation services program. If a city or town court does not have
such a program, the money collected by the probation department
must be transferred and appropriated as provided under subsection
(f).
(h) Except as provided in subsection (j), the county or local
supplemental adult probation services fund may be used only to
supplement probation services and to supplement salaries for
probation officers. A supplemental probation services fund may not
be used to replace other funding of probation services. Any money
remaining in the fund at the end of the year does not revert to any
other fund but continues in the county or local supplemental adult
probation services fund.
(i) A person placed on probation for more than one (1) crime:
(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 the probation department or the clerk.
(j) This subsection applies to a city or town located in a county
having a population of more than one hundred eighty-two thousand
seven hundred ninety (182,790) but less than two hundred thousand
(200,000). Any money remaining in the local supplemental adult
probation services fund at the end of the local fiscal year may be
appropriated by the city or town fiscal body to the city or town court
for use by the court for purposes determined by the fiscal body.
(k) 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.
(l) 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 (d) or (e).
(m) The probation department shall forward the credit card
service fees collected under subsection (l) to the county treasurer or
city or town fiscal officer in accordance with subsection (f) or (g).
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.311-1983, SEC.3. Amended by P.L.182-1984,
SEC.1; P.L.296-1985, SEC.2; P.L.178-1986, SEC.2; P.L.305-1987,
SEC.36; P.L.123-1988, SEC.28; P.L.67-1990, SEC.10; P.L.1-1991,
SEC.196; P.L.18-1995, SEC.112; P.L.216-1996, SEC.14;
P.L.117-1996, SEC.4; P.L.117-1996, SEC.6; P.L.170-2002,
SEC.132; P.L.277-2003, SEC.11; P.L.98-2004, SEC.150.
Last modified: May 24, 2006