(A) There is hereby established the City Adult Probation Department, or Probation Department, for the supervision of individuals adjudicated as misdemeanants by the City Court.
(B) The City Court shall be the administrator and supervisor of the Probation Department and have the authority to hire and fire staff.
(C) The Probation Department will be responsible for specifying in the record the conditions of the probation and advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filled in accordance with I.C. 35-38-2-1.
(D) The City Court may order the person to pay the user’s fee prescribed under I.C. 35-38-2-1(d).
(E) The City Court may modify the conditions, except a fee payment may only be modified as provided in I.C. 35-38-2-1.7(b), or to terminate the probation.
(F) There is hereby established the City Probation User’s Fee Fund.
(G) In addition, the Court shall order each person convicted of a misdemeanor to pay:
(1) Not more than an initial probation user’s fee based on current state-approved amounts and/or as set by City Council from time to time;
(2) A monthly probation user’s fee based on current state-approved amounts and/or as set by City Council from time to time 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 I.C. 35-38-2-2.2;
(4) An administrative fee based on current state-approved amounts and/or as set by City Council from time to time; and
(5) Should I.C. 35-38-2-1 be amended to change the dollar amount set forth herein above, this section shall be immediately modified to reflect said change or changes.
(H) The Probation Department shall collect the administrative fee under division (F) above before collecting any other fee. All money collected by the Probation Department herein shall be transferred to the City Clerk-Treasurer for deposit into the City Probations User’s Fund. The fiscal body of the city shall appropriate money from the City Probation User’s Fee Fund to the City Court 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.
(I) The City Probations User’s Fund may be used only to supplement probation services and to supplement salaries for probation officers and probation staff. 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 City Probation User’s Fund.
(J) A person may pay a monthly probation user’s fee under I.C. 35-38-2-1 or I.C. 35-38-2- 1.5 before the date the payment is required to be made without obtaining the prior approval of the City Court or 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.
(K) If the financial ability of the person to pay a probation user’s fee changes while the person is on probation, the 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.
(L) An order to pay a probation user’s fee:
(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; 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 I.C. 31-30-4.
(M) If a court orders a person to pay a probation user’s fee, the court may garnish the wages, salary, and other income earned by the person to enforce the order.
(N) If a person is delinquent in paying his or her probation user’s fee required and his or her driver’s license or permit has been suspended or revoked or he or she has never been issued a driver’s license or permit, the Court may order the Bureau of Motor Vehicles to not issue a driver’s license or permit to the person until the person has paid his or her delinquent probation user’s fees.
(Ord. 1529, passed 4-21-2008)
Statutory reference:
Related provisions, see I.C. 31-30-4, 35-38-2-1, 35-38-2-1.5, 35-35-2-1.7(b), 35-38-2-1, and 35-38-2-2.2