CHAPTER 2. PROBATION USER'S FEE; COUNTY SUPPLEMENTAL JUVENILE PROBATION SERVICES FUND
IC 31-40-2
Chapter 2. Probation User's Fee; County Supplemental Juvenile
Probation Services Fund
IC 31-40-2-1
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.
IC 31-40-2-1.5
Increased probation user's fee
Sec. 1.5. Notwithstanding the probation user's fee amounts
established under section 1 of this chapter, a court may order a
person to pay a probation user's fee that exceeds the maximum
amount allowed under section 1 of this chapter if:
(1) the person was placed on probation in another state and
moved or was transferred to Indiana;
(2) the other state allows a higher probation user's fee than the
maximum amount allowed under section 1 of this chapter; and
(3) the probation user's fee the court orders the person to pay
does not exceed the maximum amount allowed in the other
state.
As added by P.L.277-2003, SEC.6.
IC 31-40-2-1.7
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.
IC 31-40-2-2
Appropriations; restrictions on use of county supplemental
juvenile probation services
Sec. 2. (a) The fiscal body of the county shall appropriate money
from the county supplemental juvenile probation services fund:
(1) to the juvenile courts of the county for the use by the courts
in supplementing probation services to juveniles; and
(2) to supplement the salaries of juvenile probation officers in
accordance with the salary schedule set by the county fiscal
body under IC 36-2-16.5.
(b) Money in the county supplemental juvenile probation services
fund may be used only for supplementing probation services and to
supplement the salaries of probation officers in accordance with
IC 31-31-5.
As added by P.L.1-1997, SEC.23. Amended by P.L.277-2003, SEC.7.
IC 31-40-2-3
County supplemental juvenile probation services fund; disposition
of unused money
Sec. 3. Money remaining in the county supplemental juvenile
probation services fund at the end of the county's fiscal year does not
revert to any other fund but continues in the county supplemental
juvenile probation services fund.
As added by P.L.1-1997, SEC.23.
IC 31-40-2-4
County supplemental juvenile probation services fund; restrictions
on use of fund
Sec. 4. The county supplemental juvenile probation services fund
may not be used to replace other funding or probation services.
As added by P.L.1-1997, SEC.23.