Section 33-37-4-1 - Criminal costs fees; additional fees(a) For each action that results in a felony conviction under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120).(b) In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5: (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).(2) A marijuana eradication program fee (IC 33-37-5-7).(3) An alcohol and drug services program fee (IC 33-37-5-8(b)).(4) A law enforcement continuing education program fee (IC 33-37-5-8(c)).(5) A drug abuse, prosecution, interdiction, and correction fee (IC 33-37-5-9).(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).(7) A child abuse prevention fee (IC 33-37-5-12).(8) A domestic violence prevention and treatment fee (IC 33-37-5-13).(9) A highway worksite fee (IC 33-37-5-14).(10) A deferred prosecution fee (IC 33-37-5-17).(11) A document storage fee (IC 33-37-5-20).(12) An automated record keeping fee (IC 33-37-5-21).(13) A late payment fee (IC 33-37-5-22).(14) A sexual assault victims assistance fee (IC 33-37-5-23).(15) A public defense administration fee (IC 33-37-5-21.2).(16) A judicial insurance adjustment fee (IC 33-37-5-25).(17) A judicial salaries fee (IC 33-37-5-26).(18) A court administration fee (IC 33-37-5-27).(19) A DNA sample processing fee (IC 33-37-5-26.2).(c) Instead of the criminal costs fee prescribed by this section, except for the automated record keeping fee (IC 33-37-5-21), the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 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) for a misdemeanor offense;(2) an initial user's fee of seventy-five dollars ($75) for a felony offense;(3) a monthly user's fee of twenty dollars ($20) for each month that the person remains in the pretrial diversion program; and(4) any additional program fee or cost that is:(A) reasonably related to the person's rehabilitation; and(B) approved by the court. A monthly user fee may not be collected beyond the maximum length of the possible sentence.
(d) The clerk shall transfer to the county auditor or city or town fiscal officer the following fees, not later than thirty (30) days after the fees are collected: (1) The pretrial diversion fee.(2) The marijuana eradication program fee.(3) The alcohol and drug services program fee.(4) The law enforcement continuing education program fee. The auditor or fiscal officer shall deposit fees transferred under this subsection in the appropriate user fee fund established under IC 33-37-8.
(e) Unless otherwise directed by a court, if a clerk collects only part of a criminal costs fee from a defendant under this section, the clerk shall distribute the partial payment of the criminal costs fee as follows: (1) The clerk shall apply the partial payment to general court costs.(2) If there is money remaining after the partial payment is applied to general court costs under subdivision (1), the clerk shall distribute the remainder of the partial payment for deposit in the appropriate county user fee fund.(3) If there is money remaining after distribution under subdivision (2), the clerk shall distribute the remainder of the partial payment for deposit in the state user fee fund.(4) If there is money remaining after distribution under subdivision (3), the clerk shall distribute the remainder of the partial payment to any other applicable user fee fund.(5) If there is money remaining after distribution under subdivision (4), the clerk shall apply the remainder of the partial payment to any outstanding fines owed by the defendant.Pre-2004 Recodification Citation: 33-19-5-1.
Amended by P.L. 120-2023,SEC. 6, eff. 7/1/2023.Amended by P.L. 24-2018,SEC. 1, eff. 7/1/2018.Amended by P.L. 85-2017,SEC. 108, eff. 4/20/2017.As added by P.L. 98-2004, SEC.16. Amended by P.L. 85-2004, SEC.16; P.L. 95-2004, SEC.4; P.L. 2-2005, SEC.100; P.L. 176-2005, SEC.4; P.L. 182-2009 (ss), SEC.392.