CHAPTER 7. DISTRIBUTION OF COURT FEES
IC 33-37-7
Chapter 7. Distribution of Court Fees
IC 33-37-7-1
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-2
Circuit court clerk's distribution of fees
Sec. 2. (a) The clerk of a circuit court shall distribute
semiannually to the auditor of state as the state share for deposit in
the homeowner protection unit account established by IC 4-6-12-9
one hundred percent (100%) of the automated record keeping fees
collected under IC 33-37-5-21 with respect to actions resulting in the
accused person entering into a pretrial diversion program agreement
under IC 33-39-1-8 or a deferral program agreement under
IC 34-28-5-1 and for deposit in the state general fund seventy percent
(70%) of the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the
auditor of state for deposit in the state user fee fund established in
IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) Fifty percent (50%) of the child abuse prevention fees
collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under
IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee
collected under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record
keeping fee (IC 33-37-5-21) not distributed under subsection
(a).
(c) The clerk of a circuit court shall distribute monthly to the
county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established
under IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the
county auditor fifty percent (50%) of the child abuse prevention fees
collected under IC 33-37-4-1(b)(7). The county auditor shall deposit
fees distributed by a clerk under this subsection into the county child
advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to the
county auditor one hundred percent (100%) of the late payment fees
collected under IC 33-37-5-22. The county auditor shall deposit fees
distributed by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent (40%)
of the fees in the clerk's record perpetuation fund established
under IC 33-37-5-2 and sixty percent (60%) of the fees in the
county general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit all
the fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually to
the auditor of state for deposit in the sexual assault victims assistance
account established by IC 5-2-6-23(h) one hundred percent (100%)
of the sexual assault victims assistance fees collected under
IC 33-37-5-23.
(g) The clerk of a circuit court shall distribute monthly to the
county auditor the following:
(1) One hundred percent (100%) of the support and
maintenance fees for cases designated as non-Title IV-D child
support cases in the Indiana support enforcement tracking
system (ISETS) collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees
for cases designated as IV-D child support cases in ISETS
collected under IC 33-37-5-6 that is reimbursable to the county
at the federal financial participation rate.
The county clerk shall distribute monthly to the office of the
secretary of family and social services the percentage share of the
support and maintenance fees for cases designated as Title IV-D
child support cases in ISETS collected under IC 33-37-5-6 that is not
reimbursable to the county at the applicable federal financial
participation rate.
(h) The clerk of a circuit court shall distribute monthly to the
county auditor the following:
(1) One hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit
in the county general fund.
(2) One hundred percent (100%) of the small claims garnishee
service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3)
for deposit in the county general fund.
(i) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in
IC 33-34. The clerk of a circuit court shall semiannually distribute to
the auditor of state for deposit in the state general fund one hundred
percent (100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(j) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the judicial branch insurance
adjustment account established by IC 33-38-5-8.2 one hundred
percent (100%) of the judicial insurance adjustment fee collected
under IC 33-37-5-25.
(k) The proceeds of the service fee collected under
IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a circuit, superior, county, or probate
court to the county auditor for deposit in the county general
fund.
(2) The clerk shall distribute one hundred percent (100%) of the
service fees collected in a city or town court to the city or town
fiscal officer for deposit in the city or town general fund.
(l) The proceeds of the garnishee service fee collected under
IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as
follows:
(1) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a circuit, superior, county, or
probate court to the county auditor for deposit in the county
general fund.
(2) The clerk shall distribute one hundred percent (100%) of the
garnishee service fees collected in a city or town court to the
city or town fiscal officer for deposit in the city or town general
fund.
(m) The clerk of the circuit court shall distribute semiannually to
the auditor of state for deposit in the home ownership education
account established by IC 5-20-1-27 one hundred percent (100%) of
the mortgage foreclosure counseling and education fees collected
under IC 33-37-5-30 (before its expiration on January 1, 2013).
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,
SEC.25; P.L.95-2004, SEC.13; P.L.2-2005, SEC.108; P.L.176-2005,
SEC.16; P.L.126-2006, SEC.3; P.L.174-2006, SEC.16;
P.L.104-2008, SEC.5; P.L.122-2008, SEC.4; P.L.105-2009, SEC.24;
P.L.182-2009(ss), SEC.395.
IC 33-37-7-3
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-4
Fees collected by clerk of circuit court; county share
Sec. 4. (a) The clerk of a circuit court shall forward the county
share of fees collected to the county auditor in accordance with
IC 33-37-7-12(a). The auditor shall retain as the county share
twenty-seven percent (27%) of the amount of fees collected under
the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) This section applies after June 30, 2005.
As added by P.L.98-2004, SEC.16.
IC 33-37-7-5
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-6
Fees collected by clerk of circuit court; city or town share
Sec. 6. (a) The qualified municipality share to be distributed to
each city and town maintaining a law enforcement agency that
prosecutes at least fifty percent (50%) of the city's or town's
ordinance violations in a circuit, superior, or county court located in
the county is three percent (3%) of the amount of fees collected
under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The county auditor shall determine the amount to be
distributed to each city and town qualified under subsection (a) as
follows:
STEP ONE: Determine the population of the qualified city or
town.
STEP TWO: Add the populations of all qualified cities and
towns determined under STEP ONE.
STEP THREE: Divide the population of each qualified city and
town by the sum determined under STEP TWO.
STEP FOUR: Multiply the result determined under STEP
THREE for each qualified city and town by the amount of the
qualified municipality share.
(c) The county auditor shall distribute semiannually to each city
and town described in subsection (a) the amount computed for that
city or town under STEP FOUR of subsection (b).
(d) This section applies after June 30, 2005.
As added by P.L.98-2004, SEC.16.
IC 33-37-7-7
Repealed
(Repealed by P.L.1-2006, SEC.588.)
IC 33-37-7-8
City or town court clerk's and fiscal officer's distribution of fees
Sec. 8. (a) The clerk of a city or town court shall distribute
semiannually to the auditor of state as the state share for deposit in
the homeowner protection unit account established by IC 4-6-12-9
one hundred percent (100%) of the automated record keeping fees
collected under IC 33-37-5-21 with respect to actions resulting in the
accused person entering into a pretrial diversion program agreement
under IC 33-39-1-8 or a deferral program agreement under
IC 34-28-5-1 and for deposit in the state general fund fifty-five
percent (55%) of the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(b) The city or town fiscal officer shall distribute monthly to the
county auditor as the county share twenty percent (20%) of the
amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(c) The city or town fiscal officer shall retain twenty-five percent
(25%) as the city or town share of the fees collected under the
following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(5) IC 33-37-5-17 (deferred prosecution fees).
(d) The clerk of a city or town court shall distribute semiannually
to the auditor of state for deposit in the state user fee fund
established in IC 33-37-9 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the highway work zone fees
collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(4) One hundred percent (100%) of the safe schools fee
collected under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated record
keeping fee (IC 33-37-5-21) not distributed under subsection
(a).
(e) The clerk of a city or town court shall distribute monthly to the
county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and corrections fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this
subsection into the county drug free community fund established
under IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to the
city or town fiscal officer (as defined in IC 36-1-2-7) one hundred
percent (100%) of the following:
(1) The late payment fees collected under IC 33-37-5-22.
(2) The small claims service fee collected under
IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2).
(3) The small claims garnishee service fee collected under
IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3).
The city or town fiscal officer (as defined in IC 36-1-2-7) shall
deposit fees distributed by a clerk under this subsection in the city or
town general fund.
(g) The clerk of a city or town court shall semiannually distribute
to the auditor of state for deposit in the state general fund one
hundred percent (100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(3) The court administration fees collected under IC 33-37-5-27.
(h) The clerk of a city or town court shall semiannually distribute
to the auditor of state for deposit in the judicial branch insurance
adjustment account established by IC 33-38-5-8.2 one hundred
percent (100%) of the judicial insurance adjustment fee collected
under IC 33-37-5-25.
(i) The clerk of a city or town court shall semiannually distribute
to the auditor of state for deposit in the state general fund
seventy-five percent (75%) of the judicial salaries fee collected under
IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five
percent (25%) of the judicial salaries fee collected under
IC 33-37-5-26. The funds retained by the city or town shall be
prioritized to fund city or town court operations.
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,
SEC.27; P.L.95-2004, SEC.15; P.L.2-2005, SEC.109; P.L.176-2005,
SEC.17; P.L.174-2006, SEC.17; P.L.224-2007, SEC.120;
P.L.182-2009(ss), SEC.396.
IC 33-37-7-9
Auditor's transfer of funds to treasurer; treasurer's deposit of
certain funds
Sec. 9. (a) On June 30 and on December 31 of each year, the
auditor of state shall transfer to the treasurer of state nine million two
hundred seventy-seven thousand twenty-three dollars ($9,277,023)
for distribution under subsection (b).
(b) On June 30 and on December 31 of each year, the treasurer of
state shall deposit into:
(1) the family violence and victim assistance fund established
by IC 5-2-6.8-3 an amount equal to eight and three-hundredths
percent (8.03%);
(2) the Indiana judges' retirement fund established by
IC 33-38-6-12 an amount equal to thirty-eight and fifty-five
hundredths percent (38.55%);
(3) the law enforcement academy building fund established by
IC 5-2-1-13 an amount equal to two and fifty-six hundredths
percent (2.56%);
(4) the law enforcement training fund established by
IC 5-2-1-13 an amount equal to ten and twenty-seven
hundredths percent (10.27%);
(5) the violent crime victims compensation fund established by
IC 5-2-6.1-40 an amount equal to eleven and ninety-three
hundredths percent (11.93%);
(6) the motor vehicle highway account an amount equal to
nineteen and forty-nine hundredths percent (19.49%);
(7) the fish and wildlife fund established by IC 14-22-3-2 an
amount equal to twenty-five hundredths percent (0.25%);
(8) the Indiana judicial center drug and alcohol programs fund
established by IC 12-23-14-17 for the administration,
certification, and support of alcohol and drug services programs
under IC 12-23-14 an amount equal to one and sixty-three
hundredths percent (1.63%); and
(9) the DNA sample processing fund established under
IC 10-13-6-9.5 for the funding of the collection, shipment,
analysis, and preservation of DNA samples and the conduct of
a DNA data base program under IC 10-13-6 an amount equal to
seven and twenty-nine hundredths percent (7.29%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor of
state shall transfer to the treasurer of state for deposit into the public
defense fund established under IC 33-40-6-1:
(1) after June 30, 2004, and before July 1, 2005, one million
seven hundred thousand dollars ($1,700,000); and
(2) after June 30, 2005, two million seven hundred thousand
dollars ($2,700,000).
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004,
SEC.28; P.L.176-2005, SEC.18; P.L.1-2006, SEC.511;
P.L.174-2006, SEC.18; P.L.122-2008, SEC.5; P.L.130-2009,
SEC.20.
IC 33-37-7-10
Counties having judicial circuit in which IC 31-1-23 or IC 31-1-24
applies; appropriation
Sec. 10. (a) In a county having a judicial circuit in which either
IC 31-12-1 or IC 31-12-2 applies, the county fiscal body shall
annually appropriate an amount necessary to carry out the
administration and the purposes of the programs established under
these chapters.
(b) Requests for funding under this section must be submitted
under IC 36-2-5-4 or IC 36-3-6-4.
As added by P.L.98-2004, SEC.16.
IC 33-37-7-11
Counties with pension trusts; appropriations; claims by sheriff
Sec. 11. (a) This section applies to a county in which there is
established a pension trust under IC 36-8-10-12.
(b) For each service of a writ, an order, a process, a notice, a tax
warrant, or other paper completed by the sheriff of a county
described in subsection (a), the sheriff shall submit to the county
fiscal body a verified claim of service.
(c) From the county share distributed under section 4 of this
chapter and deposited into the county general fund, the county fiscal
body shall appropriate thirteen dollars ($13) for each verified claim
submitted by the sheriff under subsection (b). Amounts appropriated
under this subsection shall be deposited by the county auditor into
the pension trust established under IC 36-8-10-12.
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006,
SEC.512; P.L.174-2006, SEC.19.
IC 33-37-7-12
Forwarding and deposit of fees; duties of clerk and county and
municipal officers
Sec. 12. (a) Except:
(1) for the state share prescribed by section 2 of this chapter for
semiannual distribution; and
(2) as provided under section 2(g) of this chapter, IC 33-32-4-6,
and IC 33-37-5-2;
not later than thirty (30) days after the clerk collects a fee, the clerk
shall forward the fee to the county auditor if the clerk is a clerk of a
circuit court, and to the city or town fiscal officer if the clerk is the
clerk of a city or town court.
(b) If part of the fee is collected on behalf of another person for
service as a juror or witness, the county auditor or city or town fiscal
officer shall forward that part of the fee to the person not later than
forty-five (45) days after the auditor or fiscal officer receives the
claim for the fee.
(c) Except for amounts deposited in a user fee fund established
under IC 33-37-8, the county auditor shall distribute fees received
from the clerk to the following:
(1) The county treasurer for deposit in the county general fund,
if the fee belongs to the county.
(2) The fiscal officer of a city or town, if the fee belongs to the
city or town under section 6 of this chapter.
(d) Except for amounts deposited in a user fee fund established
under IC 33-37-8, the city or town fiscal officer shall deposit all fees
received from a clerk in the city's or town's treasury.
(e) The clerk shall forward the state share of each fee to the state
treasury at the clerk's semiannual settlement for state revenue.
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006,
SEC.513.