§ 33-37-2-3 — Imposition, suspension, and reduction of costs; indigency hearing; time for payment; default

Indiana § 33-37-2-3

• Jurisdiction: Indiana
• Art. 37: COURT FEES
• Ch. 2: General Court Costs Provisions for Criminal Actions

Text

(a) Except as provided in subsection (b), when
the court imposes costs, it shall conduct a hearing to determine whether
the convicted person is indigent. If the person is not indigent, the court
shall order the person to pay:
(1) the entire amount of the costs at the time sentence is
pronounced;
(2) the entire amount of the costs at some later date;
(3) specified parts of the costs at designated intervals; or
(4) the entire amount of the costs at some later date, less any
amount credited under subsections (g) through (i) for the
performance of:
(A) allowable community service work ordered by the court as
part of the person's sentence or as part of the person's probation;
or
(B) uncompensated volunteer work approved by the court at a
nonprofit or municipal corporation that benefits the community,
even if the volunteer work is not ordered by the court.
(b) A court may impose costs and suspend payment of all or part of
the costs until the convicted person has completed all or part of the
sentence. If the court suspends payment of the costs, the court shall
conduct a hearing at the time the costs are due to determine whether the
convicted person is indigent. If the convicted person is not indigent, the
court shall order the convicted person to pay the costs:
(1) at the time the costs are due; or
(2) in a manner set forth in subsection (a)(2) through (a)(4).
(c) If a court suspends payment of costs under subsection (b), the
court retains jurisdiction over the convicted person until the convicted
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 not
indigent, be committed to the county jail and credited toward
payment at the rate of twenty dollars ($20) for each twenty-four
(24) hour period the person is confined, until the amount paid
plus the amount credited equals the entire amount due; or
(3) the court may institute contempt proceedings to enforce the
court's order for payment of the costs.
(e) If, after a hearing under subsection (a) or (b), the court
determines that a convicted person is able to pay part of the costs of
representation, the court shall order the person to pay an amount of not
more than the cost of the defense services rendered on behalf of the
person. The clerk shall deposit the amount paid by a convicted person
under this subsection in the county's supplemental public defender
services fund established under IC 33-40-3-1.
(f) A person ordered to pay part of the cost of representation under
subsection (e) has the same rights and protections as those of other
judgment debtors under the Constitution of the State of Indiana and
Indiana law.
(g) Subject to subsection (h), a court may reduce some or all of the
costs owed by a person who:
(1) has satisfactorily performed court ordered community service
work ordered as part of the person's:
(A) sentence; or
(B) probation; or
(2) regularly performed uncompensated volunteer work approved
by the court at a nonprofit or municipal corporation that benefits
the community, even if the volunteer work is not ordered by the
court.
(h) If the person is sentenced pursuant to a plea agreement that
requires the person to perform:
(1) a specific number of hours of community service work; or
(2) at least a specific number of hours of community service
work;
for purposes of subsections (g) and (i), the court may consider only
those hours of community service work that exceed the minimum
requirements of the plea agreement, if any.
(i) The maximum reduction under subsection (g) shall be
determined as follows:
STEP ONE: Determine the number of hours of community
service work satisfactorily performed by the person that exceeds
the minimum requirements under subsection (h), if applicable,
and the number of hours of court approved uncompensated
volunteer work regularly performed by the person.
STEP TWO: Multiply the number determined in STEP ONE by
the amount of the Indiana minimum wage established under IC 22-2-2.
STEP THREE: Subtract the product determined under STEP
TWO from the costs owed by the person.
A person's costs may not be reduced below zero (0).
(j) For purposes of subsections (g) and (i), work is "regularly
performed" if all of the following requirements are met:
(1) The person works for at least twenty (20) hours in a sixty (60)
day period.
(2) The person works at least two (2) hours per week.
[Pre-2004 Recodification Citation: 33-19-2-3.]

Legislative History

As added by P.L.98-2004, SEC.16. Amended by P.L.156-2007, SEC.2; P.L.77-2019, SEC.1.