Indiana § 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

Indiana Statutes

§ 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

Indiana § 31-40-2-1

Art. 40JUVENILE LAW: FUNDING

Ch. 2Probation User's Fee; County Supplemental Juvenile

This text of Indiana § 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) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-40-2-1 (2026).

Text

(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

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(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.
[Pre-1997 Recodification Citation: 31-6-4-18(h)
part.]