§ 31.051 PROGRAM FEES.
   (A)   Work release program supervision fee. The amount of $15 per day is adopted as the regular supervision fee payable to the county by each individual assigned to the work release program. Any period less than a full day for which an individual is assigned to the work release program will be charged the amount of $15. Community Corrections is authorized to waive the applicable per-day supervision fee for any individual assigned to the work release program during any period of time for which the individual does not have a job.
   (B)   Work release program with GPS monitoring. The amount of $18 per day is adopted as the regular supervision fee payable to the county by each individual assigned to the work release program who is also subject to a GPS monitoring requirement. Community Corrections is authorized to waive this fee during any period of time for which the individual does not have a job.
   (C)   Community oriented work program supervision fee. The amount of $25 per weekend is adopted as the regular supervision fee payable to the county by each individual assigned to the community oriented work program. Any period of time less than a full weekend for which an individual is assigned to the community oriented work program will be charged the amount of $25.
   (D)   Electronic monitoring program supervision fee.
      (1)   The following fee schedule is adopted as the regular supervision fee payable to the county by each individual assigned to the electronic monitoring program:
 
Type of Electronic Monitoring
Amount Per Day
Active GPS monitoring
$13
Active GPS monitoring with alcohol monitoring (BART)
$15
 
      (2)   Any period of time less than a full day for which an individual is assigned to the electronic monitoring program will be charged the applicable per-day amount above for the type of electronic monitoring by which the individual is being monitored.
      (3)   Electronic monitoring program offenders who are subject to special conditions for sex offenders may be charged all or part of the costs associated with (i) installing monitoring software or hardware on the offenders' computers or other devices; and (ii) monitoring the offenders’ usage of said computers or other devices.
   (E)   Day reporting program supervision fee. The amount of $6 per day is adopted as the regular supervision fee payable to the county by each individual assigned to the day reporting program. However, offenders jointly assigned to both the electronic monitoring program and the day reporting program must pay the applicable electronic monitoring fee, not the day reporting program supervision fee.
   (F)   Community transition program supervision fee. The amount of $10 per day is adopted as the regular supervision fee payable to the county by each individual assigned to the community transition program.
   (G)   Drug testing supervision fees. The amount of $30 per month is adopted as the drug testing supervision fee payable to the county for each individual assigned to the work release program, community oriented work program, electronic monitoring program, day reporting program, or the community transition program. Any period of time less than a full month for which an individual is assigned to community corrections will be charged the amount of $30. The monthly drug testing supervision fee includes the cost for one regular drug screen per month. If additional drug testing is required the same month because of a positive drug screen or because of court sentencing requirements, the individual will be charged:
      (1)   Thirty dollars for each drug screen; and
      (2)   Forty-five dollars for each synthetic drug screen.
   (H)   Identification card replacement fee. An offender will be charged a $5 replacement fee if his or her identification card is damaged, lost, destroyed, or altered by the offender. If an offender intentionally changes his or her appearance, the $5 replacement fee may be charged for a replacement identification card.
   (I)   Delinquent fees. If an offender fails to pay all of the fees required by this section, the offender may be subject to revocation of placement in community corrections programs and other disciplinary measures. Without limiting the authority of Community Corrections to pursue these measures, offenders must apply a portion of their income, in an amount to be agreed upon with Community Corrections, to any delinquent fees in addition to paying current fees as they become due.
   (J)   Intake fees. Community Corrections will charge offenders an intake fee when they are placed in Community Corrections. The intake fee covers the cost to Community Corrections of contracting with an offender and performing all necessary eligibility reports and assessments relating to the offender's placement with Community Corrections. The amount of $100 is adopted as the intake fee payable to the county for each offender whose placement in Community Corrections results from an Elkhart County criminal charge. The amount of $75 is adopted as the intake fee payable to the county for each offender whose placement in Community Corrections results from a criminal charge in any county besides Elkhart County.
   (K)   Offenders receiving Social Security disability benefits. If an offender receives Social Security disability benefits, the fees Community Corrections charges to the offender will be capped at the lesser of the amount they would otherwise be expected to pay were they not receiving Social Security disability benefits or 20% of their income. The discount affects fees charged by Community Corrections and does not affect fees charged by other third parties, such as those for third-party monitoring of sex offenders’ computers.
   (L)   Offenders residing at certain third-party transitional or low-income facilities. Offenders residing at certain third-party transitional or low-income facilities qualify for a discount of 50% on fees Community Corrections charges. The CCAB determines and maintains a list of qualifying facilities, which list is subject to amendment by the CCAB from time to time. The discount only applies while the offender is residing at a qualifying facility. The discount affects fees charged by Community Corrections and does not affect fees charged by the qualifying facility or by other third parties, such as those for third-party monitoring of sex offenders’ computers.
(Ord. CO-2021-30, passed 10-4-2021; Ord. CO 2023-02, passed 1-17-2023)