CHAPTER 8. LOCAL USER FEE FUNDS
IC 33-37-8
Chapter 8. Local User Fee Funds
IC 33-37-8-1
"City or town fund"
Sec. 1. As used in this chapter, "city or town fund" refers to thecity or town user fee fund established under section 3 of this chapter.
As added by P.L.98-2004, SEC.16.
IC 33-37-8-2
"County fund"
Sec. 2. As used in this chapter, "county fund" refers to the countyuser fee fund established under section 5 of this chapter.
As added by P.L.98-2004, SEC.16.
IC 33-37-8-3
City or town user fee fund
Sec. 3. (a) A city or town user fee fund is established in each cityor town having a city or town court for the purpose of supplementingthe cost of various program services. The city or town fund isadministered by the fiscal officer of the city or town.
(b) The city or town fund consists of the following fees collectedby a clerk under this article:
(1) The pretrial diversion program fee.
(2) The alcohol and drug services fee.
(3) The law enforcement continuing education program fee.
(4) The deferral program fee.
(5) The drug court fee.
(6) The reentry court fee.
As added by P.L.98-2004, SEC.16. Amended by P.L.60-2006, SEC.5.
IC 33-37-8-4
City or town funds; appropriations; deferral and pretrial diversionprograms
Sec. 4. (a) Upon receipt of monthly claims submitted on oath tothe fiscal body by a program listed in section 3(b) of this chapter, thefiscal body of the city or town shall appropriate from the city or townfund to the program the amount collected for the program fee underIC 33-37-5.
(b) Funds derived from a deferral program or a pretrial diversionprogram may be used only for the following purposes:
(1) Personnel expenses related to the operation of the program.
(2) Special training for:
(A) a prosecuting attorney;
(B) a deputy prosecuting attorney;
(C) support staff for a prosecuting attorney or deputyprosecuting attorney; or
(D) a law enforcement officer.
(3) Employment of a deputy prosecutor or prosecutorial supportstaff. (4) Victim assistance.
(5) Electronic legal research.
(6) Office equipment, including computers, computer software,communication devices, office machinery, furnishings, andoffice supplies.
(7) Expenses of a criminal investigation and prosecution.
(8) An activity or program operated by the prosecuting attorneythat is intended to reduce or prevent criminal activity,including:
(A) substance abuse;
(B) child abuse;
(C) domestic violence;
(D) operating while intoxicated; and
(E) juvenile delinquency.
(9) Any other purpose that benefits the office of the prosecutingattorney or law enforcement and that is agreed upon by thecounty fiscal body and the prosecuting attorney.
(c) Funds described in subsection (b) may be used only inaccordance with guidelines adopted by the prosecuting attorneyscouncil under IC 33-39-8-5.
As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005,SEC.19.
IC 33-37-8-5
County user fee fund
Sec. 5. (a) A county user fee fund is established in each county tofinance various program services. The county fund is administeredby the county auditor.
(b) The county fund consists of the following fees collected by aclerk under this article and by the probation department for thejuvenile court under IC 31-37-9-9:
(1) The pretrial diversion program fee.
(2) The informal adjustment program fee.
(3) The marijuana eradication program fee.
(4) The alcohol and drug services program fee.
(5) The law enforcement continuing education program fee.
(6) The deferral program fee.
(7) The jury fee.
(8) The drug court fee.
(9) The reentry court fee.
(c) All of the jury fee and two dollars ($2) of a deferral programfee collected under IC 33-37-4-2(e) shall be deposited by the countyauditor in the jury pay fund established under IC 33-37-11.
As added by P.L.98-2004, SEC.16. Amended by P.L.60-2006, SEC.6;P.L.146-2008, SEC.676.
IC 33-37-8-6
County funds; appropriations; deferral and pretrial diversionprograms
Sec. 6. (a) Upon receipt of monthly claims submitted on oath to
the fiscal body by a program listed in section 5(b) of this chapter, thecounty fiscal body shall appropriate from the county fund to theprogram or fund the amount collected for the program underIC 33-37-5.
(b) Funds derived from a deferral program or a pretrial diversionprogram may be used only for the following purposes:
(1) Personnel expenses related to the operation of the program.
(2) Special training for:
(A) a prosecuting attorney;
(B) a deputy prosecuting attorney;
(C) support staff for a prosecuting attorney or deputyprosecuting attorney; or
(D) a law enforcement officer.
(3) Employment of a deputy prosecutor or prosecutorial supportstaff.
(4) Victim assistance.
(5) Electronic legal research.
(6) Office equipment, including computers, computer software,communication devices, office machinery, furnishings, andoffice supplies.
(7) Expenses of a criminal investigation and prosecution.
(8) An activity or program operated by the prosecuting attorneythat is intended to reduce or prevent criminal activity,including:
(A) substance abuse;
(B) child abuse;
(C) domestic violence;
(D) operating while intoxicated; and
(E) juvenile delinquency.
(9) Any other purpose that benefits the office of the prosecutingattorney or law enforcement and that is agreed upon by thecounty fiscal body and the prosecuting attorney.
(c) Funds described in subsection (b) may be used only inaccordance with guidelines adopted by the prosecuting attorneyscouncil under IC 33-39-8-5.
As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005,SEC.20.
IC 33-37-8-7
Pretrial diversion program fund
Sec. 7. (a) This section applies when a county auditor hasestablished a pretrial diversion program fund to receive fundsinitially deposited in the county fund from the collection of thepretrial diversion program fee. Whenever a prosecuting attorney:
(1) certifies to the county fiscal body that the amount in thepretrial diversion program fund exceeds the amount needed tofinance the pretrial diversion program services during thecalendar year; and
(2) states the amount of the excess funds in the certification;
the fiscal body may adopt an ordinance to appropriate the excess
funds from the pretrial diversion program fund to the office of theprosecuting attorney.
(b) Funds appropriated as described in subsection (a) may be usedby the office of the prosecuting attorney for any purpose specified inthe appropriation ordinance adopted by the fiscal body.
(c) A county fiscal body may not transfer funds previouslyappropriated to the office of the prosecuting attorney as a result of anappropriation described in subsection (a).
As added by P.L.98-2004, SEC.16.
IC 33-37-8-8
Collection of jury fees; transfer of funds to jury pay
Sec. 8. (a) This section applies to jury fees collected underIC 33-37-5-19.
(b) If a clerk certifies to a county fiscal body the amount of feescollected, the county fiscal body shall direct the county auditor totransfer the amount certified to the jury pay fund established underIC 33-37-11.
As added by P.L.98-2004, SEC.16.