§ 35-33-7-6.5 — Procedure to determine indigency; submission of uniform form; prorated payments

Indiana § 35-33-7-6.5

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 7: Probable Cause; Initial Hearing

Text

5. (a) In determining whether a person is
indigent, the court shall consider the following:
(1) The person's assets.
(2) The person's income.
(3) The person's necessary expenses.
(b) The court may consider that a person's eligibility for:
(1) the federal Supplemental Nutrition Assistance Program
(SNAP) (except for 21 U.S.C. 862a(a));
(2) the federal and Indiana TANF (Temporary Assistance for
Needy Families) program (except for 21 U.S.C. 862a(a)); or
(3) another need based public assistance program;
constitutes sufficient evidence to establish that a person is indigent.
(c) The court may issue an initial indigency determination pending
receipt of documentary or other evidence from the person concerning
the person's income, assets, expenses, or welfare eligibility.
(d) Each court in a county receiving reimbursement under IC 33-40-6-5(c) shall require a person claiming indigency to submit a
uniform form, prescribed by the office of judicial administration, to
assist the court in determining whether the person is indigent. The
court shall review or designate a staff member to review the form
submitted to ensure the accuracy of the information contained in the
form before issuing an indigency determination under this section. The
court may request any additional information needed from the person
to verify the accuracy of the information submitted in the form.
(e) If the court finds that the person is able to pay some of the fines,
fees, and court costs, the court may prorate the person's fine, fee, and
court costs, and require the person to pay an amount that the person can
reasonably afford.

Legislative History

As added by P.L.140-2020, SEC.2. Amended by P.L.111-2024, SEC.17.