CHAPTER 2. PROBATION USER'S FEE; COUNTY SUPPLEMENTAL JUVENILE PROBATION SERVICES FUND
IC 31-40-2
Chapter 2. Probation User's Fee; County Supplemental JuvenileProbation 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 ofadministrative fee; payment by credit card; credit card security
Sec. 1. (a) Subject to IC 31-40-1-3, a juvenile court may ordereach delinquent child who receives supervision under IC 31-37-19 orthe child's parent, guardian, or custodian to pay to either theprobation 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 notmore than twenty-five dollars ($25) for each month the childreceives supervision; and
(3) an administrative fee of one hundred dollars ($100) if thedelinquent 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 todefray the administrative costs of collecting the fee and shalldeposit any fee kept under this subsection in the clerk's recordperpetuation fund established under IC 33-37-5-2; and
(2) if requested to do so by the county auditor, city fiscalofficer, 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 transferredunder this subdivision into the county general fund;
(B) city general fund when requested by the city fiscalofficer; or
(C) town general fund when requested by the town fiscalofficer.
(c) The probation department or clerk shall collect theadministrative fee under subsection (a)(3) before collecting any otherfee under subsection (a). The probation department or the clerk shalldeposit the probation user's fees and the administrative fees paidunder subsection (a) into the county supplemental juvenile probationservices fund.
(d) In addition to other methods of payment allowed by law, aprobation department may accept payment of fees required under thissection and section 1.5 of this chapter by credit card (as defined inIC 14-11-1-7). The liability for payment is not discharged until theprobation department receives payment or credit from the institutionresponsible for making the payment or credit.
(e) The probation department may contract with a bank or creditcard vendor for acceptance of bank or credit cards. However, if thereis a vendor transaction charge or discount fee, whether billed to theprobation department or charged directly to the probationdepartment's account, the probation department may collect a credit
card service fee from the person using the bank or credit card. Thefee collected under this subsection is a permitted additional chargeto the money the probation department is required to collect undersubsection (a).
(f) The probation department shall deposit the credit card servicefees collected under subsection (e) into the county supplementaljuvenile probation services fund. These funds may be used withoutappropriation to pay the transaction charge or discount fee chargedby 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 amountsestablished under section 1 of this chapter, a court may order aperson to pay a probation user's fee that exceeds the maximumamount allowed under section 1 of this chapter if:
(1) the person was placed on probation in another state andmoved or was transferred to Indiana;
(2) the other state allows a higher probation user's fee than themaximum amount allowed under section 1 of this chapter; and
(3) the probation user's fee the court orders the person to paydoes not exceed the maximum amount allowed in the otherstate.
As added by P.L.277-2003, SEC.6.
IC 31-40-2-1.7
Early payment of probation user's fee; recalculation of probationuser's fee; discharge; multiple fees; wage garnishment;withholding driving privileges
Sec. 1.7. (a) A person may pay a monthly probation user's feeunder section 1 or 1.5 of this chapter before the date the payment isrequired to be made without obtaining the prior approval of a courtor a probation department. However, if a delinquent child isdischarged from probation before the date the delinquent child wasscheduled to be released from probation, any monthly probationuser's fee paid in advance for the delinquent child may not berefunded.
(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 theperson to pay a probation user's fee changes while the person is onprobation.
(c) An order to pay a probation user's fee under section 1 or 1.5 ofthis chapter:
(1) is a judgment lien that:
(A) attaches to the property of the person subject to theorder; (B) may be perfected;
(C) may be enforced to satisfy any payment that isdelinquent under section 1 or 1.5 of this chapter; and
(D) expires;
in the same manner as a judgment lien created in a civilproceeding;
(2) is not discharged by the completion of the person'sprobationary period or other sentence imposed on the person;and
(3) is not discharged by the liquidation of a person's estate by areceiver 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 probationuser's fee; and
(2) may not be required to pay more than one (1) monthlyprobation 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 undersection 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'sfees required under section 1 or 1.5 of this chapter; and
(2) the person's driver's license or permit has been suspended orrevoked or the person has never been issued a driver's license orpermit;
the court may order the bureau of motor vehicles to not issue adriver's license or permit to the person until the person has paid theperson'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 supplementaljuvenile probation services
Sec. 2. (a) The fiscal body of the county shall appropriate moneyfrom the county supplemental juvenile probation services fund:
(1) to the juvenile courts of the county for the use by the courtsin supplementing probation services to juveniles; and
(2) to supplement the salaries of juvenile probation officers inaccordance with the salary schedule set by the county fiscalbody under IC 36-2-16.5.
(b) Money in the county supplemental juvenile probation servicesfund may be used only for supplementing probation services and tosupplement the salaries of probation officers in accordance withIC 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 juvenileprobation services fund at the end of the county's fiscal year does notrevert to any other fund but continues in the county supplementaljuvenile probation services fund.
As added by P.L.1-1997, SEC.23.
IC 31-40-2-4
County supplemental juvenile probation services fund; restrictionson use of fund
Sec. 4. The county supplemental juvenile probation services fundmay not be used to replace other funding or probation services.
As added by P.L.1-1997, SEC.23.