§ 35-38-2-1 — Conditions of probation; advice on violation specification in record; administrative costs; transfer of three percent of probation user's fee; administrative fee; user's fee; collection of administrative fee; disposition of money collected; supplemental adult probation services fund; payment by credit card; credit card service fee

Indiana § 35-38-2-1

• Jurisdiction: Indiana
• Art. 38: PROCEEDINGS FOLLOWING DISMISSAL,
• Ch. 2: Probation

Text

(a) Whenever it places a person on probation,
the court shall:
(1) specify in the record the conditions of the probation; and
(2) advise the person that if the person violates a condition of
probation during the probationary period, a petition to revoke
probation may be filed before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(b) In addition, if the person was convicted of a felony and is placed
on probation, the court shall order the person to pay to the probation
department the user's fee prescribed under subsection (d). If the person
was convicted of a misdemeanor, the court may order the person to pay
the user's fee prescribed under subsection (e). The court may:
(1) modify the conditions (except a fee payment may only be
modified as provided in section 1.7(b) of this chapter); or
(2) terminate the probation;
at any time. If the person commits an additional crime, the court may
revoke the probation.
(c) 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), may 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.
(d) In addition to any other conditions of probation, the court shall
order each person convicted of a felony to pay:
(1) not less than twenty-five dollars ($25) nor more than one
hundred dollars ($100) as an initial probation user's fee;
(2) a monthly probation user's fee of not less than fifteen dollars
($15) nor more than thirty dollars ($30) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter;
(4) an alcohol abuse deterrent fee and a medical fee set by the
court under IC 9-30-9-8, if the court has referred the defendant to
an alcohol abuse deterrent program; and
(5) an administrative fee of one hundred dollars ($100);
to either the probation department or the clerk.
(e) In addition to any other conditions of probation, the court may
order each person convicted of a misdemeanor to pay:
(1) not more than a fifty dollar ($50) initial probation user's fee;
(2) a monthly probation user's fee of not less than ten dollars
($10) nor more than twenty dollars ($20) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter; and
(4) an administrative fee of fifty dollars ($50);
to either the probation department or the clerk.
(f) The probation department or clerk shall collect the
administrative fees under subsections (d)(5) and (e)(4) before
collecting any other fee under subsection (d) or (e). All money
collected by the probation department or the clerk under this section
shall be transferred to the county treasurer, who shall deposit the
money into the county supplemental adult probation services fund. The
fiscal body of the county shall appropriate money from the county
supplemental adult probation services fund:
(1) to the county, superior, circuit, or municipal court of the
county that provides probation services to adults to supplement
adult probation services; and
(2) to supplement the salaries of probation officers in accordance
with the schedule adopted by the county fiscal body under IC 36-2-16.5.
(g) The probation department or clerk shall collect the
administrative fee under subsection (e)(4) before collecting any other
fee under subsection (e). All money collected by the probation
department or the clerk of a city or town court under this section shall
be transferred to the fiscal officer of the city or town for deposit into
the local supplemental adult probation services fund. The fiscal body
of the city or town shall appropriate money from the local supplemental
adult probation services fund to the city or town court of the city or
town for the court's use in providing probation services to adults or for
the court's use for other purposes as may be appropriated by the fiscal
body. Money may be appropriated under this subsection only to those
city or town courts that have an adult probation services program. If a
city or town court does not have such a program, the money collected
by the probation department must be transferred and appropriated as
provided under subsection (f).
(h) Except as provided in subsection (j), the county or local
supplemental adult probation services fund may be used only to
supplement probation services and to supplement salaries for probation
officers. A supplemental probation services fund may not be used to
replace other funding of probation services. Any money remaining in
the fund at the end of the year does not revert to any other fund but
continues in the county or local supplemental adult probation services
fund.
(i) A person placed on probation for more than one (1) crime:
(1) may be required to pay more than one (1) initial probation
user's fee; and
(2) may not be required to pay more than one (1) monthly
probation user's fee per month;
to the probation department or the clerk.
(j) This subsection applies to a city or town located in a county
having a population of more than two hundred thousand (200,000) and
less than two hundred fifty thousand (250,000). Any money remaining
in the local supplemental adult probation services fund at the end of the
local fiscal year may be appropriated by the city or town fiscal body to
the city or town court for use by the court for purposes determined by
the fiscal body.
(k) 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.
(l) 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 (d) or (e).
(m) The probation department shall forward the credit card service
fees collected under subsection (l) to the county treasurer or city or
town fiscal officer in accordance with subsection (f) or (g). These funds
may be used without appropriation to pay the transaction charge or
discount fee charged by the bank or credit card vendor.

Legislative History

As added by P.L.311-1983, SEC.3. Amended by P.L.182-1984, SEC.1; P.L.296-1985, SEC.2; P.L.178-1986, SEC.2; P.L.305-1987, SEC.36; P.L.123-1988, SEC.28; P.L.67-1990, SEC.10; P.L.1-1991, SEC.196; P.L.18-1995, SEC.112; P.L.216-1996, SEC.14; P.L.117-1996, SEC.4; P.L.117-1996, SEC.6; P.L.170-2002, SEC.132; P.L.277-2003, SEC.11; P.L.98-2004, SEC.150; P.L.1-2006, SEC.529; P.L.119-2012, SEC.166; P.L.104-2022, SEC.141.