§ 33-39-6-2 — Chief deputy and additional deputy; appointment; salaries

Indiana § 33-39-6-2

• Jurisdiction: Indiana
• Art. 39: PROSECUTING ATTORNEYS
• Ch. 6: Compensation of Prosecuting Attorneys, Deputies, and

Text

(a) A prosecuting attorney may appoint one (1)
chief deputy prosecuting attorney. The maximum annual salary paid by
the state of a chief deputy prosecuting attorney appointed under this
subsection is as follows:
(1) If the prosecuting attorney is a full-time prosecuting attorney
appointing a full-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
full-time prosecuting attorney.
(2) If the prosecuting attorney is a full-time prosecuting attorney
appointing a part-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
part-time prosecuting attorney serving the judicial district served
by the chief deputy prosecuting attorney.
(3) If the prosecuting attorney is a part-time prosecuting attorney
appointing a full-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
full-time prosecuting attorney.
(4) If the prosecuting attorney is a part-time prosecuting attorney
appointing a part-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
part-time prosecuting attorney.
(b) The prosecuting attorney in a county in which is located at least
one (1) institution operated by the department of correction that houses
at least one thousand five hundred (1,500) offenders may appoint two
(2) additional deputy prosecuting attorneys. In a county having two (2)
institutions, each of which houses at least one thousand five hundred
(1,500) offenders, the prosecuting attorney may appoint a third deputy
prosecuting attorney.
(c) The prosecuting attorney in a county in which is located an
institution operated by the department of correction that houses at least
one hundred (100) but less than one thousand five hundred (1,500)
adult offenders may appoint one (1) additional deputy prosecuting
attorney.
(d) The prosecuting attorney in a county in which is located a state
institution (as defined in IC 12-7-2-184) that has a daily population of
at least three hundred fifty (350) patients may appoint one (1)
additional deputy prosecuting attorney.
(e) The prosecuting attorney of Cass County may appoint one (1)
additional deputy prosecuting attorney.
(f) The annual salary of a deputy prosecuting attorney appointed
under subsections (b) through (e) may not be less than seventy percent
(70%) of the annual salary of a full-time prosecuting attorney.
(g) The salaries provided in this section shall be paid by the state
once every two (2) weeks from the state general fund. There is
appropriated annually out of the general fund of the state sufficient
funds to pay any amount necessary. However, the salaries fixed in this
chapter are determined to be maximum salaries to be paid by the state.
This chapter does not limit the power of counties comprising the
respective judicial circuits to pay additional salaries upon proper action
by the appropriate county officials.
(h) The various county councils shall appropriate annually for other
deputy prosecuting attorneys, investigators, clerical assistance, witness
fees, out-of-state travel, postage, telephone tolls and telegraph, repairs
to equipment, office supplies, other operating expenses, and equipment
an amount necessary for the proper discharge of the duties imposed by
law upon the office of the prosecuting attorney of each judicial circuit.
[Pre-2004 Recodification Citation: 33-14-7-2.]

Legislative History

As added by P.L.98-2004, SEC.18. Amended by P.L.127-2008, SEC.20; P.L.112-2009, SEC.1; P.L.78-2011, SEC.1; P.L.201-2023, SEC.263.