Section 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(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.Amended by P.L. 104-2022,SEC. 141, eff. 4/1/2022.Amended by P.L. 119-2012, SEC. 166, eff. 4/1/2012.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.