§ 35-38-2-1.7 — Early payment of probation user's fee; recalculation of probation user's fee; discharge; wage garnishment

Indiana § 35-38-2-1.7

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

Text

7. (a) A person may pay a monthly probation
user's fee under section 1 or 1.5 of this chapter before the date the
payment is required to be made without obtaining the prior approval of
a court or a probation department. However, if the person is discharged
from probation before the date the person was scheduled to be released
from probation, any monthly probation user's fee paid in advance by the
person may not be refunded.
(b) A probation department may petition a court to:
(1) impose a probation user's fee on a person; or
(2) increase a person's probation user's fee;
under section 1 or 1.5 of this chapter if the financial ability of the
person to pay a probation user's fee changes while the person is on
probation.
(c) An order to pay a probation user's fee under section 1 or 1.5 of
this chapter:
(1) is a judgment lien that:
(A) attaches to the property of the person subject to the order;
(B) may be perfected;
(C) may be enforced to satisfy any payment that is delinquent
under section 1 or 1.5 of this chapter; and
(D) expires;
in the same manner as a judgment lien created in a civil
proceeding;
(2) is not discharged by the completion of the person's
probationary period or other sentence imposed on the person; and
(3) is not discharged by the liquidation of a person's estate by a
receiver under IC 32-30-5.
(d) If a court orders a person to pay a probation user's fee under
section 1 or 1.5 of this chapter, the court may garnish the wages, salary,
and other income earned by the person to enforce the order.

Legislative History

As added by P.L.277-2003, SEC.13. Amended by P.L.217-2014, SEC.191.