IC 33-37-2
    Chapter 2. General Court Costs Provisions for Criminal Actions

IC 33-37-2-1
Application of chapter
    Sec. 1. This chapter applies in criminal actions.
As added by P.L.98-2004, SEC.16.

IC 33-37-2-2
Costs as separate from sentence; suspension of costs; liability forcosts
    Sec. 2. (a) Costs in a criminal action are not a part of the sentenceand may be suspended only under section 3 of this chapter. However,if:
        (1) two (2) or more charges against a person are joined for trial;and
        (2) the person is convicted of two (2) or more offenses in thetrial;
the court may waive the person's liability for costs for all but one (1)of the offenses.
    (b) If a person is acquitted or an indictment or information isdismissed by order of the court, the person is not liable for costs.
As added by P.L.98-2004, SEC.16. Amended by P.L.156-2007,SEC.1.

IC 33-37-2-3
Imposition of costs; suspension of costs; indigency hearing; timefor payment; default
    Sec. 3. (a) Except as provided in subsection (b), when the courtimposes costs, it shall conduct a hearing to determine whether theconvicted person is indigent. If the person is not indigent, the courtshall order the person to pay:
        (1) the entire amount of the costs at the time sentence ispronounced;
        (2) the entire amount of the costs at some later date; or
        (3) specified parts of the costs at designated intervals.
    (b) A court may impose costs and suspend payment of all or partof the costs until the convicted person has completed all or part ofthe sentence. If the court suspends payment of the costs, the courtshall conduct a hearing at the time the costs are due to determinewhether the convicted person is indigent. If the convicted person isnot indigent, the court shall order the convicted person to pay thecosts:
        (1) at the time the costs are due; or
        (2) in a manner set forth in subsection (a)(2) through (a)(3).
    (c) If a court suspends payment of costs under subsection (b), thecourt retains jurisdiction over the convicted person until theconvicted person has paid the entire amount of the costs.
    (d) Upon any default in the payment of the costs:
        (1) an attorney representing the county may bring an action on

a debt for the unpaid amount;
        (2) the court may direct that the person, if the person is notindigent, be committed to the county jail and credited towardpayment at the rate of twenty dollars ($20) for each twenty-four(24) hour period the person is confined, until the amount paidplus the amount credited equals the entire amount due; or
        (3) the court may institute contempt proceedings to enforce thecourt's order for payment of the costs.
    (e) If, after a hearing under subsection (a) or (b), the courtdetermines that a convicted person is able to pay part of the costs ofrepresentation, the court shall order the person to pay an amount ofnot more than the cost of the defense services rendered on behalf ofthe person. The clerk shall deposit the amount paid by a convictedperson under this subsection in the county's supplemental publicdefender services fund established under IC 33-40-3-1.
    (f) A person ordered to pay part of the cost of representationunder subsection (e) has the same rights and protections as those ofother judgment debtors under the Constitution of the State of Indianaand Indiana law.
As added by P.L.98-2004, SEC.16. Amended by P.L.156-2007,SEC.2.

IC 33-37-2-4
Prosecution for offense by inmate of state penal institution; state'sliability for costs
    Sec. 4. (a) The state shall pay all costs of trial in a prosecution foran offense committed:
        (1) by an inmate of a state correctional facility; and
        (2) in the county in which the correctional facility is located.
    (b) The costs of trial to be paid under this section include:
        (1) court fees; and
        (2) expenses incurred by the county sheriff in returning thedefendant to the jurisdiction of the court and keeping thedefendant in custody until trial.
As added by P.L.98-2004, SEC.16.

IC 33-37-2-5
Fees prescribed by IC 33-37-4-1; fine or penalty in addition to costs
    Sec. 5. The fees prescribed by IC 33-37-4-1 are costs and may becollected from a defendant against whom a conviction is entered. Afine or penalty imposed is in addition to costs.
As added by P.L.98-2004, SEC.16.