Indiana § 36-2-13-15 Prisoners reimbursing counties for costs of incarceration

Indiana Statutes

§ 36-2-13-15 — Prisoners reimbursing counties for costs of incarceration

Indiana § 36-2-13-15

Title 36LOCAL GOVERNMENT

Art. 2GOVERNMENT OF COUNTIES GENERALLY

Ch. 13County Sheriff

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Bluebook

Ind. Code § 36-2-13-15 (2026).

Text

(a)As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186.

(b)This section applies to a county only if the legislative body for the county elects by ordinance to implement this section.

(c)A person who is:

(1)sentenced under this article for a felony or a misdemeanor;

(2)subject to lawful detention in a county jail for a period of more than seventy-two (72) hours;

(3)not a member of a family that makes less than one hundred fifty percent (150%) of the federal income poverty level; and

(4)not detained as a child subject to the jurisdiction of a juvenile court; shall reimburse the county for the costs described in subsection (d).

(d)A person described in subsection (c) shall reimburse the county for the sum of the following amounts:

(1)The lesser o

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(a) As used in this section, "lawful
detention" has the meaning set forth in IC 35-31.5-2-186.
(b) This section applies to a county only if the legislative body for
the county elects by ordinance to implement this section.
(c) A person who is:
(1) sentenced under this article for a felony or a misdemeanor;
(2) subject to lawful detention in a county jail for a period of more
than seventy-two (72) hours;
(3) not a member of a family that makes less than one hundred
fifty percent (150%) of the federal income poverty level; and
(4) not detained as a child subject to the jurisdiction of a juvenile
court;
shall reimburse the county for the costs described in subsection (d).
(d) A person described in subsection (c) shall reimburse the county
for the sum of the following amounts:
(1) The lesser of:
(A) the per diem amount specified under subsection (e); or
(B) thirty dollars ($30);
multiplied by each day or part of a day that the person is lawfully
detained in a county jail or lawfully detained under IC 35-33-11-3
for more than six (6) hours.
(2) The direct cost of investigating whether the person is indigent.
(3) The cost of collecting the amount for which the person is
liable under this section.
(e) The county fiscal body shall fix the per diem described in
subsection (d)(1)(A) in an amount that is reasonably related to the
average daily cost of housing a person in the county jail. If the county
transfers the person to another county or the department of correction
under IC 35-33-11-3, the per diem is equal to the per diem charged to
the county under IC 35-33-11-1.
(f) The county sheriff shall collect the amounts due from a person
under this section in conformity with the procedures specified in the
ordinance adopted under subsection (b). If the county sheriff does not
collect the amount due to the county, the county attorney may collect
the amount due.