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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-3-3 (a-b)	Actions commenced by person confined by department of corrections - filing fee	(a) When an offender confined by the department of correction commences an action or a proceeding without paying fees or other court costs under section 2 of this chapter, the + See more offender shall obtain from the appropriate official of the correctional facility or facilities at which the offender is or was confined a certified copy of the prisoner's trust fund account statement for the six (6) months immediately preceding submission of the complaint or petition. The offender shall file the trust fund account statement in addition to the statement required under section 2 of this chapter.(b) The offender shall pay a partial filing fee that is twenty percent (20%) of the greater of: (1) the average monthly deposits to the offender's account; or (2) the average monthly balance in the offender's account; for the six (6) months immediately preceding the filing of the complaint or petition. However, the fee may not exceed the full statutory fee for the commencement of actions or proceedings.	Offender will pay 20% the greater of: (1) average monthly deposits into the offender's account, or (2) the average monthly balance in + See more the offender's account for the six months prior to filing the petition	All	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-4-1 (a)	Criminal costs fee; document fee; program fees; transfer to user fee fund - criminal costs fee	(a) For each action that results in a felony conviction under Ind. Code §35-50-2 or a misdemeanor conviction under Ind. Code §35-50-3, the clerk shall collect from the defendant a + See more criminal costs fee of one hundred twenty dollars ($120).	$120.00 - $120.00	All	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-4-1 (c) (1)	Criminal costs fee; document fee; program fees; transfer to user fee fund - pretrial diversion fee (initial fee)	(c) Instead of the criminal costs fee prescribed by this section, except for the automated record keeping fee (Ind. Code §33-37-5-21), the clerk shall collect a pretrial diversion program fee + See more if an agreement between the prosecuting attorney and the accused person entered into under Ind. Code §33-39-1-8 requires payment of those fees by the accused person. The pretrial diversion program fee is:(1) an initial user's fee of fifty dollars ($50); and (2) a monthly user's fee of ten dollars ($10) for each month that the person remains in the pretrial diversion program.	$50.00 - $50.00	All	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-4-1 (c) (2)	Criminal costs fee; document fee; program fees; transfer to user fee fund - pretrial diversion fee (monthly fee)	(c) Instead of the criminal costs fee prescribed by this section, except for the automated record keeping fee (Ind. Code §33-37-5-21), the clerk shall collect a pretrial diversion program fee + See more if an agreement between the prosecuting attorney and the accused person entered into under Ind. Code §33-39-1-8 requires payment of those fees by the accused person. The pretrial diversion program fee is:(1) an initial user's fee of fifty dollars ($50); and (2) a monthly user's fee of ten dollars ($10) for each month that the person remains in the pretrial diversion program.	$10 $10 for each month that the person remains in the pretrial diversion program + See more	All	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-4-2 (a)	Infraction or ordinance violation costs fee; additional fees; deferral program fee - infraction or ordinance violation fee	(a) Except as provided in subsections (d) and (e), for each action that results in a judgment:(1) for a violation constituting an infraction; or (2) for a violation of an ordinance + See more of a municipal corporation (as defined in Ind. Code §36-1-2-10); the clerk shall collect from the defendant an infraction or ordinance violation costs fee of seventy dollars ($70).	$70.00 - $70.00	Misdemeanor	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-4-2 (e) (1)	Infraction or ordinance violation costs fee; additional fees; deferral program fee - deferral program fee (initial fee)	(e) Instead of the infraction or ordinance violation costs fee prescribed by subsection (a), except for the automated record keeping fee (Ind. Code §33-37-5-21), the clerk shall collect a deferral + See more program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under Ind. Code §34-28-5-1 (or Ind. Code §34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is:(1) an initial user's fee not to exceed fifty-two dollars ($52)...	$0.00 - $52.00	Misdemeanor	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-4-2 (e) (2)	Infraction or ordinance violation costs fee; additional fees; deferral program fee - deferral program fee (monthly fee)	(e) Instead of the infraction or ordinance violation costs fee prescribed by subsection (a), except for the automated record keeping fee (Ind. Code §33-37-5-21), the clerk shall collect a deferral + See more program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under Ind. Code §34-28-5-1 (or Ind. Code §34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is:... 2) a monthly user's fee not to exceed ten dollars ($10) for each month the person remains in the deferral program.	$0 - $10 $10 per month for each month the person remains in a deferral + See more program	Misdemeanor	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-4-3 (a)	Juvenile costs fee; document fee; program fees; transfer to user fee fund	(a) The clerk shall collect a juvenile costs fee of one hundred twenty dollars ($120) for each action filed under any of the following:(1) Ind. Code §31-34 (children in need + See more of services). (2) Ind. Code §31-37 (delinquent children). (3) Ind. Code §31-14 (paternity).	$120.00 - $120.00	All	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-5-1 (b)	Preparing transcript or copy of record; fee	(b) Except as provided in subsection (c), the clerk shall collect a fee of one dollar ($1) per legal size or letter size page, including a page only partially covered + See more with writing.	$1 $1 per page	All	Yes	Court	No
Add to Dashboard + Create New	Indiana	Ind. Code §33-37-5-10	Countermeasures fee; collection - Alcohol and drug countermeasures fee	(a) The clerk shall collect an alcohol and drug countermeasures fee of two hundred dollars ($200) in each action in which:(1) a person is found to have: (A) committed an offense + See more under Ind. Code §9-30-5; (B) violated a statute defining an infraction under Ind. Code §9-30-5; or (C) been adjudicated a delinquent for an act that would be an offense under Ind. Code §9-30-5, if committed by an adult; and (2) the person's driving privileges are suspended by the court or the bureau of motor vehicles as a result of the finding. (b) The clerk shall collect an alcohol and drug countermeasures fee of two hundred dollars ($200) in each action in which: (1) a person is charged with an offense under Ind. Code §9-30-5; and (2) by a plea agreement or an agreement of the parties that is approved by the court: (A) judgment is entered for an offense under: (i) Ind. Code §9-21-8-50; (ii) Ind. Code §9-21-8-52; (iii) Ind. Code §7.1-5-1-3; or (iv) Ind. Code §7.1-5-1-6; and (B) the defendant agrees to pay the alcohol and drug counter measures fee.	$200.00 - $200.00	All	Yes	Court	No

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-22 (b)	Applicability — Late Payment Fee — Requirement to Pay — Defendant Not Indigent	A court may adopt a local rule to impose a late payment fee under this section on defendants described in subsection (a).	Increased fine	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 35-38-1-18 (d)(2)-(3)	Payment of Fines	(d) Upon any default in the payment of the fine:... (2) the court may direct that the person, if the person is not indigent, be committed to the county jail + See more and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings or order the convicted person’s wages, salary, and other income garnished in accordance with IC 24-4.5-5-105 to enforce the court’s order for payment of the fine.	Incarceration, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 35-38-2-1.7 (d)	Payment of Probation User’s Fee — Lien — Garnishment	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 + See more earned by the person to enforce the order.	Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-4-10	Itemized Fee Bills — Duty of Sheriff to Collect	(a) Not later than seventy-five (75) days after judgment is entered in an action, the clerk shall issue an itemized fee bill for the collection of fees that were charged + See more against the party in that action and that remain unpaid. The clerk shall present the fee bill for collection to the sheriff of a county in which the debtor party resides or in which the debtor party has property.(b) The sheriff shall do the following: (1) Collect the amount due under the fee bill. (2) Return the fee bill to the clerk not more than sixty (60) days after the day the fee bill was issued. (c) After presented to the sheriff, a fee bill has the effect of an execution and operates as a lien upon the real and personal property of the debtor. (d) A successor of an officer may issue fee bills for the fees of the officer's predecessors in office in the manner provided under this chapter. A clerk may issue the fee bills of the sheriff or the former sheriffs of the county in the same manner.	Property liens	All	Yes
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 9-30-11-3	Notice to Three - Time Violator	If it appears from the records of a court that has jurisdiction to enforce ordinances that regulate parking violations that three (3) judgments concerning a motor vehicle have not been + See more paid before the deadlines established by a statute, an ordinance, or a court order, the clerk of the court shall send a notice to the person who is the registered owner of the motor vehicle. The notice must inform the person of the following:(1) That the clerk will send a referral to the bureau if the judgments are not paid within thirty (30) days after a notice was mailed. (2) That the referral will result in the suspension of the motor vehicle's registration if the judgments are not paid.	Driver's license suspension/impoundment	Traffic	Yes
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-50-5-3 (b); (h)	Restitution Orders	(b) A restitution order under subsection (a), (i), (j), (l), or (m), is a judgment lien that:(1) attaches to the property of the person subject to the order; (2) may + See more be perfected; (3) may be enforced to satisfy any payment that is delinquent under the restitution order by the person in whose favor the order is issued or the person's assignee; and (4) expires; in the same manner as a judgment lien created in a civil proceeding ... (h) The attorney general may pursue restitution ordered by the court under subsections (a) and (c) on behalf of the victim services division of the Indiana criminal justice institute established under IC 5-2-6-8.	Civil judgment, Property liens	All	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-8-3.3 (h) - (m)	Pretrial Services Fees	(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 + See more 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).	Collection fee/interest, Increased fine, Property liens, Wage/bank account garnishment	All	No
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-2-3 (a)(4); (d)	Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections	(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, + See more the court shall order the person to pay: ... (4) the entire amount of the costs at some later date, less any amount credited under subsections (g) through (i) for the performance of: (A) allowable community service work ordered by the court as part of the person’s sentence or as part of the person’s probation; or (B) uncompensated volunteer work approved by the court at a nonprofit or municipal corporation that benefits the community, even if the volunteer work is not ordered by the court. ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs.	Civil judgment, Community service, Incarceration	All	No

Ability to Pay

	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-2-3	Indigency Hearing — Suspension of Costs — Default — Fees for Representation — Rights and Protections	(a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not + See more indigent, the court shall order the person to pay:(1) the entire amount of the costs at the time sentence is pronounced; (2) the entire amount of the costs at some later date; or (3) specified parts of the costs at designated intervals. (b) A court may impose costs and suspend payment of all or part of the costs until the convicted person has completed all or part of the sentence. If the court suspends payment of the costs, the court shall conduct a hearing at the time the costs are due to determine whether the convicted person is indigent. If the convicted person is not indigent, the court shall order the convicted person to pay the costs: (1) at the time the costs are due; or (2) in a manner set forth in subsection (a)(2) through (a)(3). ... (d) Upon any default in the payment of the costs: (1) an attorney representing the county may bring an action on a debt for the unpaid amount; (2) the court may direct that the person, if the person is not indigent, be committed to the county jail and credited toward payment at the rate of twenty dollars ($20) for each twenty-four (24) hour period the person is confined, until the amount paid plus the amount credited equals the entire amount due; or (3) the court may institute contempt proceedings to enforce the court's order for payment of the costs. (e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county’s supplemental public defender services fund established under IC 33-40-3-1.	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The court may suspend the costs.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-8-3.3 (b)	Pretrial Services Fees	(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 + See more 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.	All	"Defendant has the financial ability to pay the fee."	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-33-7-6 (a);(c)	Determination of Indigency — Assignment of Counsel — Payment of Fees — Review of Findings	(a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent. If the person is found to be indigent, + See more the judicial officer shall assign counsel to the person. ... (c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:(1) For a felony action, a fee of one hundred dollars ($100). (2) For a misdemeanor action, a fee of fifty dollars ($50). The clerk of the court shall deposit fees collected under this subsection in the county's supplemental public defender services fund established under Ind. Code § 33-40-3-1 .	All	Indigency.	Before imposition of fine or fee	Not provided for	Determined by judge after hearing	Yes	The individual may be assigned counsel.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 9-30-9-8	Alcohol Abuse Deterrent Program Fee or Medical Fee	(a) The court shall order a defendant participating in a program under this chapter to pay an alcohol abuse deterrent program fee or a medical fee, or both, unless the + See more court determines that the defendant is indigent.	Felony	"Indigent."	Before imposition of fine or fee	Not provided for	Not provided for	No	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-3-3 (c);(d)	Actions Commenced by Person Confined by Department of Corrections	(c) If the offender claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement required by section 2 + See more of this chapter and the statement of account required by subsection (a), the offender shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement; (d) If the court approves the application to waive all fees, the court shall give written notice to the offender that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the offender that the offender’s case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow. Process concerning the offender’s case may not be served until the fee is paid.	All	"The offender claims exceptional circumstances."	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	The court may award a partial filing fee or may waive all fees.
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-3-2 (a)(1)	Right to Bring Action Without Paying Fees	(a) Except as provided in subsection (b), a person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without + See more paying the required fees or other court costs if the person files a statement in court, under oath and in writing: (1) declaring that the person is unable to make the payments or to give security for the payments because of the person’s indigency.	All	"The person is unable to make the payments or to give security for the payments because of the person’s indigency."	Not provided for	Burden on defendant to show inability to pay	Not provided for	No	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-9 (c)	Drug Abuse, Prosecution, Interdiction, and Correction Fee	In determining the amount of the drug abuse, prosecution, interdiction, and correction fee assessed against a person under subsection (b), a court shall consider the person's ability to pay the + See more fee.	All	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-22 (a)(3);(d)	Late Payment Fees - Local Rule	(a) Except as provided in subsections (e) and (f), this section applies to an action if all the following apply:… (3) The defendant is not determined by the court imposing + See more the court costs, fine, or civil penalty to be indigent.; (d) Notwithstanding IC 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty.	All	"Indigent."	Before imposition of fine or fee	Not provided for	Not provided for	No	"A court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a + See more fine, or a civil penalty."
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-18 (c)	Safe schools fee	In determining the amount of the safe schools fee assessed against a person under subsection (a), a court shall consider the person’s ability to pay the fee.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 35-50-5-4 (c)	Reimbursement Order	The court shall fix an amount under this section that: (1) may not exceed an amount the person can or will be able to pay; (2) does not harm the + See more person's ability to reasonably be self-supporting or to reasonably support any dependent of the person; and (3) takes into consideration and gives priority to any other restitution, reparation, repayment, costs (including fees), fine, or child support obligations the person is required to pay.	All	Does not exceed amount person can pay, does not harm ability to support self or dependents, takes into account other obligations	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not provided for

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	Indiana	Ind. Code 5-11-5-7	State Board of Accounts	Sec. 7. (a) The state board of accounts or a person designated in writing by it may collect any of the following: (1) Unpaid fines, costs, or fees that are + See more imposed for violations of statutes defining a crime or infraction and are owed to the state or its political subdivisions. (2) Money owed resulting from bond forfeitures under IC 35-33-8-7. (3) Unpaid user's fees incurred under a pretrial diversion agreement by a person charged with a misdemeanor, infraction, or ordinance violation. (b) The state board of accounts or its agent may compromise the amount of money owed in collecting money under this section. (c) The costs of collection, including but not limited to reasonable attorney's fees, may be added to money that is owed and collected under this section. However, the costs of collection may not exceed an amount that is equal to the amount of money that is owed. (d) When money is collected under this section, the state board of accounts or its agent shall deposit the money, less the costs of collection, in accounts to the credit of the state or a political subdivision as required by law. (e) The costs of collecting money under this section shall be determined by the state board of accounts and shall be paid from money collected.	State/statewide agency
Add to Dashboard + Create New	Indiana	Ind. Code 9-21-3.5-10	Collection of traffic tickets	Sec. 10. (a) The department or the authority may adopt and enforce rules concerning: (1) the placement and use of automated traffic law enforcement systems to enforce collection of user + See more fees; (2) required notification in the form of a citation to the owner of a vehicle used in the commission of a moving violation under section 9 of this chapter; (3) the process for notification, collection, and enforcement of unpaid amounts; (4) the amount of fines, charges, and assessments for toll violations, including, with respect to amounts unpaid by violators who are not subject to IC 9-18-2-17(b): (A) contracting with a collection agency; and (B) authorizing the collection agency in the contract for collection services to impose on and collect from the violator an additional collection fee; and (5) other matters relating to automated traffic law enforcement systems that the department or the authority considers appropriate.	Private actors
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-9 (b);(d)	Drug Abuse, Prosecution, Interdiction, and Correction Fee	(b) The court shall assess a drug abuse, prosecution, interdiction, and correction fee of at least two hundred dollars ($200) and not more than one thousand dollars ($1,000) against a person + See more convicted of an offense under IC 35-48-4; (d) The clerk shall collect the drug abuse, prosecution, interdiction, and correction fee set by the court when a person is convicted of an offense under IC 35-48-4.	Clerk
Add to Dashboard + Create New	Indiana	Burns Ind. Code Ann. § 33-37-5-22 (c)	Applicability — Late Payment Fee — Requirement to Pay — Defendant not Indigent	Subject to subsection (d), the clerk of a court that adopts a local rule imposing a late payment fee under this section shall collect a late payment fee of twenty-five + See more dollars ($25) from a defendant described in subsection (a).	Clerk

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-7-6	Fees collected by clerk of circuit court; city or town share	Sec. 6. (a) The qualified municipality share to be distributed to each city and town maintaining a law enforcement agency that prosecutes at least fifty percent (50%) of the city's + See more or town's ordinance violations in a circuit or superior court located in the county is three percent (3%) of the amount of fees collected under the following: (1) IC 33-37-4-1(a) (criminal costs fees). (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees). (3) IC 33-37-4-3(a) (juvenile costs fees). (4) IC 33-37-4-4(a) (civil costs fees). (5) IC 33-37-4-6(a)(1) (small claims costs fees). (6) IC 33-37-4-7(a) (probate costs fees). (7) IC 33-37-5-17 (deferred prosecution fees). (b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows: STEP ONE: Determine the population of the qualified city or town. STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE. STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO. STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share. (c) The county auditor shall distribute semiannually to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b). (d) This section applies after June 30, 2005.	Local jurisdiction	N/A	All
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-7-8	City or town clerk's and fiscal officer's distribution of fees	Sec. 8. (a) The clerk of a city or town court shall distribute semiannually to the auditor of state as the state share for deposit in the homeowner protection unit account + See more established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping fees collected under IC 33-37-5-21 with respect to actions resulting in the accused person entering into a pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1 and for deposit in the state general fund fifty-five percent (55%) of the amount of fees collected under the following: (1) IC 33-37-4-1(a) (criminal costs fees). (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees). (3) IC 33-37-4-4(a) (civil costs fees). (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees). (5) IC 33-37-5-17 (deferred prosecution fees). (b) The city or town fiscal officer shall distribute monthly to the county auditor as the county share twenty percent (20%) of the amount of fees collected under the following: (1) IC 33-37-4-1(a) (criminal costs fees). (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees). (3) IC 33-37-4-4(a) (civil costs fees). (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees). (5) IC 33-37-5-17 (deferred prosecution fees). (c) The city or town fiscal officer shall retain twenty-five percent (25%) as the city or town share of the fees collected under the following: (1) IC 33-37-4-1(a) (criminal costs fees). (2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees). (3) IC 33-37-4-4(a) (civil costs fees). (4) IC 33-37-4-6(a)(1)(A) (small claims costs fees). (5) IC 33-37-5-17 (deferred prosecution fees). (d) The clerk of a city or town court shall distribute semiannually to the auditor of state for deposit in the state user fee fund established in IC 33-37-9 the following: (1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5). (2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5). (3) One hundred percent (100%) of the highway work zone fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5). (4) One hundred percent (100%) of the safe schools fee collected under IC 33-37-5-18. (5) One hundred percent (100%) of the automated record keeping fee collected under IC 33-37-5-21 not distributed under subsection (a). (e) The clerk of a city or town court shall distribute monthly to the county auditor the following: (1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-37-4-1(b)(5). (2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5). The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free community fund established under IC 5-2-11. (f) The clerk of a city or town court shall distribute monthly to the city or town fiscal officer (as defined in IC 36-1-2-7) one hundred percent (100%) of the following: (1) The late payment fees collected under IC 33-37-5-22. (2) The small claims service fee collected under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2). (3) The small claims garnishee service fee collected under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3). The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit fees distributed by a clerk under this subsection in the city or town general fund. (g) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund one hundred percent (100%) of the following: (1) The public defense administration fee collected under IC 33-37-5-21.2. (2) The DNA sample processing fees collected under IC 33-37-5-26.2. (3) The court administration fees collected under IC 33-37-5-27. (h) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the judicial branch insurance adjustment account established by IC 33-38-5-8.2 one hundred percent (100%) of the judicial insurance adjustment fee collected under IC 33-37-5-25. (i) The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state general fund seventy-five percent (75%) of the judicial salaries fee collected under IC 33-37-5-26. The city or town fiscal officer shall retain twenty-five percent (25%) of the judicial salaries fee collected under IC 33-37-5-26. The funds retained by the city or town shall be prioritized to fund city or town court operations. (j) The clerk of a city or town court shall distribute semiannually to the auditor of state one hundred percent (100%) of the pro bono legal services fees collected before July 1, 2017, under IC 33-37-5-31. The auditor of state shall transfer semiannually the pro bono legal services fees to the Indiana Bar Foundation (or a successor entity) as the entity designated to organize and administer the interest on lawyers trust accounts (IOLTA) program under Rule 1.15 of the Rules of Professional Conduct of the Indiana supreme court. The Indiana Bar Foundation shall: (1) deposit in an appropriate account and otherwise manage the fees the Indiana Bar Foundation receives under this subsection in the same manner the Indiana Bar Foundation deposits and manages the net earnings the Indiana Bar Foundation receives from IOLTA accounts; and (2) use the fees the Indiana Bar Foundation receives under this subsection to assist or establish approved pro bono legal services programs. The handling and expenditure of the pro bono legal services fees received under this section by the Indiana Bar Foundation (or its successor entity) are subject to audit by the state board of accounts. The amounts necessary to make the transfers required by this subsection are appropriated from the state general fund.	Local jurisdiction	N/A	All
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-7-9	Auditor's transfer of funds to treasurer; treasurer's deposit of certain funds	Sec. 9. (a) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state nine million two hundred seventy-seven thousand + See more twenty-three dollars ($9,277,023) for distribution under subsection (b). (b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into: (1) the family violence and victim assistance fund established by IC 5-2-6.8-3 an amount equal to eight and three-hundredths percent (8.03%); (2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to thirty-eight and fifty-five hundredths percent (38.55%); (3) the law enforcement academy building fund established by IC 5-2-1-13 an amount equal to two and fifty-six hundredths percent (2.56%); (4) the law enforcement training fund established by IC 5-2-1-13 an amount equal to ten and twenty-seven hundredths percent (10.27%); (5) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to eleven and ninety-three hundredths percent (11. 93%); (6) the motor vehicle highway account an amount equal to nineteen and forty-nine hundredths percent (19.49%); (7) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-five hundredths percent (0.25%); (8) the Indiana judicial center drug and alcohol programs fund established by IC 12-23-14-17 for the administration, certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and sixty-three hundredths percent (1.63%); and (9) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data base program under IC 10-13-6 an amount equal to seven and twenty-nine hundredths percent (7.29%); of the amount transferred by the auditor of state under subsection (a). (c) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state for deposit into the public defense fund established under IC 33-40-6-1 three million seven hundred thousand dollars ($3,700,000).	Other	N/A	All
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-8-4	City or town funds; appropriations	Sec. 4. (a) Except as provided in subsection (b), upon receipt of monthly claims submitted on oath to the fiscal body by a program listed in section 3(b) of this chapter, + See more the fiscal body of the city or town shall appropriate from the city or town fund to the program the amount collected for the program fee under IC 33-37-5. (b) Funds derived from a deferral program or a pretrial diversion program may be disbursed only by the adoption of an ordinance appropriating the funds for one (1) or more of the following purposes: (1) Personnel expenses related to the operation of the program. (2) Special training for: (A) a prosecuting attorney; (B) a deputy prosecuting attorney; (C) support staff for a prosecuting attorney or deputy prosecuting attorney; or (D) a law enforcement officer. (3) Employment of a deputy prosecutor or prosecutorial support staff. (4) Victim assistance. (5) Electronic legal research. (6) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies. (7) Expenses of a criminal investigation and prosecution. (8) An activity or program operated by the prosecuting attorney that is intended to reduce or prevent criminal activity, including: (A) substance abuse; (B) child abuse; (C) domestic violence; (D) operating while intoxicated; and (E) juvenile delinquency. (9) The provision of evidence based mental health and addiction, intellectual disability, developmental disability, autism, and co-occurring autism and mental illness forensic treatment services to reduce the risk of recidivism in a program administered or coordinated by a provider certified or licensed by the division of mental health and addiction or the division of disability and rehabilitative services with expertise in providing evidence based forensic treatment services. (10) Any other purpose that benefits the office of the prosecuting attorney or law enforcement and that is agreed upon by the county fiscal body and the prosecuting attorney. (c) Funds described in subsection (b) may be used only in accordance with guidelines adopted by the prosecuting attorneys council under IC 33-39-8-5.	Local jurisdiction	N/A	All
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-8-6	County; appropriations	Sec. 6. (a) Except as provided in subsection (b), upon receipt of monthly claims submitted on oath to the fiscal body by a program listed in section 5(b) of this chapter, + See more the county fiscal body shall appropriate from the county fund to the program or fund the amount collected for the program under IC 33-37-5. (b) Funds derived from a deferral program or a pretrial diversion program may be disbursed only by the adoption of an ordinance appropriating the funds for one (1) or more of the following purposes: (1) Personnel expenses related to the operation of the program. (2) Special training for: (A) a prosecuting attorney; (B) a deputy prosecuting attorney; (C) support staff for a prosecuting attorney or deputy prosecuting attorney; or (D) a law enforcement officer. (3) Employment of a deputy prosecutor or prosecutorial support staff. (4) Victim assistance. (5) Electronic legal research. (6) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies. (7) Expenses of a criminal investigation and prosecution. (8) An activity or program operated by the prosecuting attorney that is intended to reduce or prevent criminal activity, including: (A) substance abuse; (B) child abuse; (C) domestic violence; (D) operating while intoxicated; and (E) juvenile delinquency. (9) The provision of evidence based mental health and addiction, intellectual disability, developmental disability, autism, and co-occurring autism and mental illness forensic treatment services to reduce the risk of recidivism in a program administered or coordinated by a provider certified or licensed by the division of mental health and addiction or the division of disability and rehabilitative services with expertise in providing evidence based forensic treatment services. (10) Any other purpose that benefits the office of the prosecuting attorney or law enforcement and that is agreed upon by the county fiscal body and the prosecuting attorney. (c) Funds described in subsection (b) may be used only in accordance with guidelines adopted by the prosecuting attorneys council under IC 33-39-8-5.	County	N/A	All
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-9-4	Distribution of amounts transferred to the state fund	Sec. 4. (a) The treasurer of state shall distribute semiannually one million two hundred eighty-eight thousand dollars ($1,288,000) of the amounts transferred to the state fund under section 3 of + See more this chapter as follows: (1) Fourteen and ninety-eight hundredths percent (14.98%) shall be deposited into the alcohol and drug countermeasures fund established by IC 9-27-2-11. (2) Eight and forty-two hundredths percent (8.42%) shall be deposited into the drug interdiction fund established by IC 10-11-7-1. (3) Four and sixty-eight hundredths percent (4.68%) shall be deposited into the drug prosecution fund established by IC 33-39-8-6. (4) Five and sixty-two hundredths percent (5.62%) shall be deposited into the corrections drug abuse fund established by IC 11-8-2-11. (5) Twenty-two and forty-seven hundredths percent (22.47%) shall be deposited into the state drug free communities fund established by IC 5-2-10-2. (6) Seven and ninety-eight hundredths percent (7.98%) shall be distributed to the Indiana department of transportation for use under IC 8-23-2-15. (7) Twenty and thirty-two hundredths percent (20.32%) shall be deposited in the family violence and victim assistance fund established by IC 5-2-6.8-3. (8) Fifteen and fifty-three hundredths percent (15.53%) shall be deposited in the Indiana safe schools fund established by IC 5-2-10.1. (b) The treasurer of state shall distribute semiannually the amount remaining after the distributions are made under subsection (a) to the judicial technology and automation project fund established by IC 33-24-6-12.	State/statewide agency	N/A	All
Add to Dashboard + Create New	Indiana	Ind. Code § 35-33-7-6 (c); Ind. Code § 33-40-3-1	Indigent defendant; assignment of counsel; payment to supplemental public defender services fund	(c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay + See more the following:(1) For a felony action, a fee of one hundred dollars ($100). (2) For a misdemeanor action, a fee of fifty dollars ($50). The clerk of the court shall deposit fees collected under this subsection in the county's supplemental public defender services fund established under Ind. Code § 33-40-3-1	County	Public defender services fund	All
Add to Dashboard + Create New	Indiana	Ind. Code § 35-33-8-3.2 (b); Ind. Code § 33-40-3-1	Conditions to assure appearance; remittance of deposit; collection of fees - administrative fee	(b) Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of + See more the deposit remaining under subsection (a)(2) to the defendant. The portion of the deposit that is not remitted to the defendant shall be deposited by the clerk in the supplemental public defender services fund established under Ind. Code § 33-40-3.	County	Public defender services fund	All
Add to Dashboard + Create New	Indiana	Ind. Code § 35-33-8-3.2 (d)	Conditions to assure appearance; remittance of deposit; collection of fees - public retirement system fee	(d) Except as provided in subsection (e), the clerk of the court shall:(1) collect a fee of five dollars ($5) from each bond or deposit required under subsection (a)(1); and (2) + See more retain a fee of five dollars ($5) from each deposit under subsection (a)(2). The clerk of the court shall semiannually remit the fees collected under this subsection to the board of trustees of the Indiana public retirement system for deposit in the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under subsection (a)(2).	State/statewide agency	Special death benefit fund	All
Add to Dashboard + Create New	Indiana	Ind. Code § 35-33-8-3.3 (c) ; Ind. Code § 33-37-5-2; Ind. Code § 35-33-8-3.3 (d); Ind. Code § 35-33-8-3.3 (f); Ind. Code § 35-33-8-3.3 (g)	Pretrial services fee; amount; transfer of money; suspension of driver's license; payment by credit card; credit card service fee - pretrial services fee	(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 + See more of collecting the fee. The clerk shall deposit amounts retained under this subsection in the clerk's record perpetuation fund established under Ind. Code § 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. ... (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 (Ind. Code § 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 Ind. Code § 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.	County	Clerk's record perpetuation fund; county general fund; adult probation services fund; public defender services fund	All

Court Rules

	State	Citation	Description/Statute Name	Language from the rule	When does the rule apply?
Add to Dashboard + Create New	Indiana	Rules Crim.Proc., Rule 2.3	Transfer of cases	(D) Fee for Transfer of Probation Supervision. An offender on probation who applies to have the probation supervision transferred to a court in another jurisdiction shall pay a transfer fee + See more of seventy-five dollars ($75) to the receiving court. The receiving court may waive the transfer fee if it finds the offender is indigent.	Fines and fees

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	Indiana	IN Const. Art. 7, § 1	Judicial power	The judicial power of the State shall be vested in one Supreme Court, one Court of Appeals, Circuit Courts, and such other courts as the General Assembly may establish.	Supreme Court	Creation of the courts
Add to Dashboard + Create New	Indiana	IN Const. Art. 7, § 2	Supreme Court	The Supreme Court shall consist of the Chief Justice of the State and not less than four nor more than eight associate justices; a majority of whom shall form a + See more quorum. The court may appoint such personnel as may be necessary.	Supreme Court	Creation of the courts
Add to Dashboard + Create New	Indiana	IN Const. Art. 7, § 4	Jurisdiction of Supreme Court	The Supreme Court shall have no original jurisdiction except in admission to the practice of law; discipline or disbarment of those admitted; the unauthorized practice of law; discipline, removal, and + See more retirement of justices and judges; supervision of the exercise of jurisdiction by the other courts of the State; and issuance of writs necessary or appropriate in aid of its jurisdiction. The Supreme Court shall exercise appellate jurisdiction under such terms and conditions as specified by rules except that appeals from a judgment imposing a sentence of death shall be taken directly to the Supreme Court. The Supreme Court shall have, in all appeals of criminal cases, the power to review all questions of law and to review and revise the sentence imposed.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Indiana	IN Const. Art. 7, § 5	Court of Appeals	The Court of Appeals shall consist of as many geographic districts and sit at such locations as the General Assembly shall determine to be necessary. Each geographic district of the + See more Court shall consist of three judges. The judges of each geographic district shall appoint such personnel as the General Assembly may provide by law.	Court of Appeals	Creation of the courts
Add to Dashboard + Create New	Indiana	IN Const. Art. 7, § 6	Jurisdiction of Court of Appeals	The Court shall have no original jurisdiction, except that it may be authorized by rules of the Supreme Court to review directly decisions of administrative agencies. In all other cases, + See more it shall exercise appellate jurisdiction under such terms and conditions as the Supreme Court shall specify by rules which shall, however, provide in all cases an absolute right to one appeal and to the extent provided by rule, review and revision of sentences for defendants in all criminal cases.	Court of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	Indiana	IN Const. Art. 7, § 7	Judicial circuits	The State shall, from time to time, be divided into judicial circuits; and a Judge for each circuit shall be elected by the voters thereof. He shall reside within the + See more circuit and shall have been duly admitted to practice law by the Supreme Court of Indiana; he shall hold his office for the term of six years, if he so long behaves well.	Circuit Courts	Creation of the courts
Add to Dashboard + Create New	Indiana	IN Const. Art. 7, § 8	Circuit courts	The Circuit Courts shall have such civil and criminal jurisdiction as may be prescribed by law.	Circuit Courts	Jurisdiction of the courts
Add to Dashboard + Create New	Indiana	Ind. Code § 33-24-1-2	Jurisdiction (Supreme Court)	(a) The supreme court has jurisdiction in appeals coextensive with the state and has jurisdiction as provided by the Constitution of the State of Indiana.(b) The supreme court has exclusive + See more jurisdiction to: (1) admit attorneys to practice law in all courts of the state; and (2) issue restraining orders and injunctions in all cases involving the unauthorized practice of the law; under rules and regulations as the supreme court may prescribe.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	Indiana	Ind. Code § 33-26-3-1	Limited jurisdiction (Tax Court)	The tax court is a court of limited jurisdiction. The tax court has exclusive jurisdiction over any case that arises under the tax laws of Indiana and that is an + See more initial appeal of a final determination made by:(1) the department of state revenue with respect to a listed tax (as defined in Ind. Code § 6-8.1-1-1); or (2) the Indiana board of tax review.	Tax Court	Jurisdiction of the courts
Add to Dashboard + Create New	Indiana	Ind. Code § 33-28-1-2	Jurisdiction (Circuit Courts)	(a) All circuit courts have:(1) original and concurrent jurisdiction in all civil cases and in all criminal cases; (2) de novo appellate jurisdiction of appeals from city and town courts; and (3) + See more in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under Ind. Code § 33-34. (b) The circuit court also has the appellate jurisdiction that may be conferred by law upon it.	Circuit Courts	Jurisdiction of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Indiana	IN Const. Art. 1, § 16	Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See more the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).	There is a constitutional limitation on excessive fines in the criminal context.	Section 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature + See more of the offense.	Ability to pay
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-2-3; Ind. Code § 35-38-2-1.7 Coleman v. State, 61 N.E.3d 390, 392 (Ind. Ct. App. 2016)		Trial court must conduct an indigency hearing when it imposes fines or costs as part of a defendant's sentence; however, no specific requirement indicates when the hearing must be held + See more as long as the hearing is held before the sentence is completed.	Further, the trial court must conduct an indigency hearing when it imposes fines or costs as part of a defendant's sentence. Johnson v. State, 27 N.E.3d 793, 794-95 (Ind.Ct.App.2015), + See more see also Ind.Code § 33–37–2–3(a). However, no specific requirement indicates when the hearing must be held as long as the hearing is held before the sentence is completed. Johnson, 27 N.E.3d at 794–95.	Ability to pay
Add to Dashboard + Create New	Indiana	Meunier-Short v. State, 52 N.E.3d 927, 931 (Ind. Ct. App. 2016)		An indigency determination merely prevents the defendant from being imprisoned for his inability to pay costs or fines. A trial court has the authority to assess fines, costs, and fees + See more against an indigent defendant; a different result would amount to inverse discrimination since it would enable an indigent to avoid both the fine and imprisonment for nonpayment whereas other defendants must always suffer one or the other.	Meunier–Short contends a trial court may not impose costs or fines upon an indigent defendant. But we have previously held, “A defendant's indigency does not shield him from all costs + See more or fees related to his conviction.” Banks v. State, 847 N.E.2d 1050, 1051 (Ind.Ct.App.2006), trans. denied. An indigency determination merely prevents the defendant from being imprisoned for his inability to pay. Henderson, 44 N.E.3d at 815. Notwithstanding the indigency hearing requirement contained in Indiana Code sections 33–37–2–3(a) and 35–38–1–18(a), a trial court has the authority to assess fines, costs, and fees against an indigent defendant; “indeed, a different result would amount to inverse discrimination since it would enable an indigent to avoid both the fine and imprisonment for nonpayment whereas other defendants must always suffer one or the other ...” Williams v. Illinois, 399 U.S. 235, 244, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970).	Ability to pay
Add to Dashboard + Create New	Indiana	Collins v. Day, 644 N.E.2d 72, 80 (Ind. 1994)	Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue?	The power of the Legislature to impose and regulate fines, exercised within constitutional limits, is not subject to review by the courts	"To summarize, we hold that Article 1, Section 23 of the Indiana Constitution imposes two requirements upon statutes that grant unequal privileges or immunities to differing classes of persons. First, + See more the disparate treatment accorded by the legislation must be reasonably related to inherent characteristics which distinguish the unequally treated classes. Second, the preferential treatment must be uniformly applicable and equally available to all persons similarly situated. Finally, in determining whether a statute complies with or violates Section 23, courts must exercise substantial deference to legislative discretion."
Add to Dashboard + Create New	Indiana	IN Const. Art. 5, § 17 State v. Dunning, 9 Ind. 20, 24 (1857) State v. Rowe, 103 Ind. 118, 2 N.E. 294, 295 (1885)		The provision of the Indiana Constitution that the governor shall have power to remit fines under such regulations as may be prescribed by law has been held only to authorize + See more the remission of fines by the governor in pursuance of provisions of law. The power of the governor in this respect is not absolute, but can only be exercised pursuant to legislative direction.	...The Governor may remit fines and forfeitures, under such regulations as may be provided by law… It is plain, we think, that the power of remission is not granted absolutely to + See more the governor, but only the power of exercising it pursuant to legislative direction. If the remission ought to be made in this case, the statutory requirement can yet be complied with, and the remission granted. The sense in which the governor may be authorized to “remit fines and forfeitures” is that he may release or absolve the person against whom a fine or forfeiture has been adjudged from its payment after judgment.	Enforcement
Add to Dashboard + Create New	Indiana	IN Const. Art. 8, § 2		Under the Indiana Constitution all fines assessed for breaches of the penal laws of the state belong to the common school fund of the state.	...The fund to be derived from the sale of County Seminaries, and the moneys and property heretofore held for such Seminaries; from the fines assessed for breaches of the penal + See more laws of the State; and from all forfeitures which may accrue;…	Revenue flow
Add to Dashboard + Create New	Indiana	IN Const. Art. 1, § 16	Are there limits to the state’s ability to recoup fees for counsel under the state constitution?	There is a constitutional limitation on excessive fines in the criminal context.	Section 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature + See more of the offense.	Ability to pay
Add to Dashboard + Create New	Indiana	Ind. Code § 33-37-2-3 Eliseo v. State, 14 N.E.3d 778, 780 (Ind. Ct. App. 2014)			(e) If, after a hearing under subsection (a) or (b), the court determines that a convicted person is able to pay part of the costs of representation, the court shall + See more order the person to pay an amount of not more than the cost of the defense services rendered on behalf of the person. The clerk shall deposit the amount paid by a convicted person under this subsection in the county's supplemental public defender services fund established under Ind. Code § 33-40-3-1. Eliseo argues the trial court abused its discretion when it imposed a public defender fee of more than $100.00. He cites Ind.Code § 35–33–7–6, which sets a $100.00 cap for the public defender fee following a felony conviction. But the trial court “can order reimbursement [of fees] under any [of the statutes] or a combination thereof.” Jackson v. State, 968 N.E.2d 328, 333 (Ind.Ct.App.2012). Two other statutes, Ind.Code § 33–40–3–65 and Ind.Code § 33–37–2–36 give the trial court discretion in determining the public defender fee imposed. As stated above, because the trial court ordered payment after incarceration, it most likely relied on Ind.Code § 33–37–2–3 in determining the amount of the public defender fee, which does not have a cap on the amount. Thus, the trial court did not abuse its discretion by ordering Eliseo pay a public defender fee of $300.00. See, e.g., Kimbrough v. State, 911 N.E.2d 621, 638 (Ind.Ct.App.2009) (holding the requirement to pay a $500.00 public defender fee was not an abuse of discretion).	Ability to pay

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	Indiana	2003 Ind. Op. Att'y Gen. No. 2 (Jan. 31, 2003)	RE: Local Ordinances and State Laws	What authority do county or municipal courts have to set fines or fees?	Cities and towns may not enact local ordinances similar to state laws in order to generate revenue	The Home Rule Act expressly prohibits local units of government from adopting local ordinances which assign a penalty for an act that constitutes a crime or infraction under state statute. + See more A state statute must be evaluated to determine if the statute deals comprehensively with a subject matter; local ordinances might not be preempted if a state statute does not deal comprehensively with a subject matter and there is room for supplemental local regulation. However, a city or town may not enact a local ordinance where there is an existing state statute dealing comprehensively with the subject matter and local law is considered preempted by state law.
Add to Dashboard + Create New	Indiana	2010 Ind. Op. Att'y Gen. No. 1 (May 12, 2010)	Re: Civil Forfeitures and the Common School Fund	Other applicable opinions	Civil forfeitures are not committed to the common school funds like criminal fines and fees under the state constitution	It is our opinion that Article 8, § 2 of the state constitution does not apply to forfeiture actions brought under Ind. Code ch. 34-24-1. Article 8 of the Indiana + See more Constitution provides for the funding of the common school fund, part of which is derived “from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue.” Art. 8, § 2. A proceeding under Indiana's forfeiture law is civil in nature, and it is only fines and forfeitures from criminal proceedings that must be paid into the common school fund.	Revenue flow