3.
(a)This section does not apply to a
defendant charged in a city or town court.
(b)If a defendant who has a prior unrelated conviction for any
offense is charged with a new offense and placed under the supervision
of a probation officer or pretrial services agency, the court may order
the defendant to pay the pretrial services fee prescribed under
subsection (e) if:
(1)the defendant has the financial ability to pay the fee; and
(2)the court finds by clear and convincing evidence that
supervision by a probation officer or pretrial services agency is
necessary to ensure the:
(A)defendant's appearance in court; or
(B)physical safety of the community or of another person.
(c)If a clerk of a court collects a pretrial services fee, the clerk may
retain not more than three percent (3%) o
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3. (a) This section does not apply to a
defendant charged in a city or town court.
(b) If a defendant who has a prior unrelated conviction for any
offense is charged with a new offense and placed under the supervision
of a probation officer or pretrial services agency, the court may order
the defendant to pay the pretrial services fee prescribed under
subsection (e) if:
(1) the defendant has the financial ability to pay the fee; and
(2) the court finds by clear and convincing evidence that
supervision by a probation officer or pretrial services agency is
necessary to ensure the:
(A) defendant's appearance in court; or
(B) physical safety of the community or of another person.
(c) If a clerk of a court collects a pretrial services fee, the clerk may
retain not more than three percent (3%) of the fee to defray the
administrative costs of collecting the fee. The clerk shall deposit
amounts retained under this subsection in the clerk's record
perpetuation fund established under IC 33-37-5-2.
(d) If a clerk of a court collects a pretrial services fee from a
defendant, upon request of the county auditor, the clerk shall transfer
not more than three percent (3%) of the fee to the county auditor for
deposit in the county general fund.
(e) The court may order a defendant who is supervised by a
probation officer or pretrial services agency and charged with an
offense to pay:
(1) an initial pretrial services fee of at least twenty-five dollars
($25) and not more than one hundred dollars ($100);
(2) a monthly pretrial services fee of at least fifteen dollars ($15)
and not more than thirty dollars ($30) for each month the
defendant remains on bail and under the supervision of a
probation officer or pretrial services agency; and
(3) an administrative fee of one hundred dollars ($100);
to the probation department, pretrial services agency, or clerk of the
court if the defendant meets the conditions set forth in subsection (b).
(f) The probation department, pretrial services agency, or clerk of
the court shall collect the administrative fee under subsection (e)(3)
before collecting any other fee under subsection (e). Except for the
money described in subsections (c) and (d), all money collected by the
probation department, pretrial services agency, or clerk of the court
under this section shall be transferred to the county treasurer, who shall
deposit fifty percent (50%) of the money into the county supplemental
adult probation services fund and fifty percent (50%) of the money into
the county supplemental public defender services fund (IC 33-40-3-1).
The fiscal body of the county shall appropriate money from the county
supplemental adult probation services fund:
(1) to the county, superior, or circuit court of the county that
provides probation services or pretrial services to adults to
supplement adult probation services or pretrial services; and
(2) to supplement the salary of:
(A) an employee of a pretrial services agency; or
(B) a probation officer in accordance with the schedule adopted
by the county fiscal body under IC 36-2-16.5.
(g) The county supplemental adult probation services fund may be
used only to supplement adult probation services or pretrial services
and to supplement salaries for probation officers or employees of a
pretrial services agency. A supplemental probation services fund may
not be used to replace other probation services or pretrial services
funding. Any money remaining in the fund at the end of a fiscal year
does not revert to any other fund but continues in the county
supplemental adult probation services fund.
(h) A defendant who is charged with more than one (1) offense and
who is supervised by the probation department or pretrial services
agency as a condition of bail may not be required to pay more than:
(1) one (1) initial pretrial services fee; and
(2) one (1) monthly pretrial services fee per month.
(i) A probation department or pretrial services agency may petition
a court to:
(1) impose a pretrial services fee on a defendant; or
(2) increase a defendant's pretrial services fee;
if the financial ability of the defendant to pay a pretrial services fee
changes while the defendant is on bail and supervised by a probation
officer or pretrial services agency.
(j) An order to pay a pretrial services fee under this section:
(1) is a judgment lien that, upon the defendant's conviction:
(A) attaches to the property of the defendant;
(B) may be perfected;
(C) may be enforced to satisfy any payment that is delinquent
under this section; and
(D) expires;
in the same manner as a judgment lien created in a civil
proceeding;
(2) is not discharged by the disposition of charges against the
defendant or by the completion of a sentence, if any, imposed on
the defendant;
(3) is not discharged by the liquidation of a defendant's estate by
a receiver under IC 32-30-5; and
(4) is immediately terminated if a defendant is acquitted or if
charges against the defendant are dropped.
(k) If a court orders a defendant to pay a pretrial services fee, the
court may, upon the defendant's conviction, enforce the order by
garnishing the wages, salary, and other income earned by the
defendant.
(l) In addition to other methods of payment allowed by law, a
probation department or pretrial services agency may accept payment
of a pretrial services fee by credit card (as defined in IC 14-11-1-7(a)).
The liability for payment is not discharged until the probation
department or pretrial services agency receives payment or credit from
the institution responsible for making the payment or credit.
(m) The probation department or pretrial services agency may
contract with a bank or credit card vendor for acceptance of a bank or
credit card. However, if there is a vendor transaction charge or discount
fee, whether billed to the probation department or pretrial services
agency, or charged directly to the account of the probation department
or pretrial services agency, the probation department or pretrial
services agency 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 fee or fees the defendant may be
required to pay under subsection (e).
(n) The probation department or pretrial services agency shall
forward a credit card service fee collected under subsection (m) to the
county treasurer in accordance with subsection (f). These funds may be
used without appropriation to pay the transaction charge or discount fee
charged by the bank or credit card vendor.