Bill Summary – FastDemocracy

LEGISLATIVE SERVICES AGENCY
                OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
                                     200 W. Washington St., Suite 301
                                          Indianapolis, IN 46204
                                              (317) 233-0696
                                                 iga.in.gov
                                FISCAL IMPACT STATEMENT
LS 6533                                                            NOTE PREPARED: Dec 15, 2021
BILL NUMBER: HB 1227                                               BILL AMENDED:
SUBJECT: Sex Offender Employment Restrictions.
FIRST AUTHOR: Rep. Lindauer                                        BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL                                          IMPACT: State & Local
                X DEDICATED
                  FEDERAL
Summary of Legislation: This bill has the following provisions:
A.      It provides that an offender against children who knowingly or intentionally: (1) obtains employment
        within 1,000 feet of school property, not including property of an institution providing postsecondary
        education, a youth program center, a public park, or a licensed day care center; (2) obtains
        employment within one mile of the residence of the victim of the offender's sex offense; or (3)
        obtains employment where a child care provider provides child care services; commits a Level 6
        felony.
B.      It defines "employment" and makes conforming changes.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Any increase to DOC’s population due to this bill will likely be minor.
An average 5.8 persons have been convicted and sentenced annually for illegal sex offender residency
between FY 2013 and 2021. About 10% of these persons who were convicted of illegal sex offender
residency as a Level 6 felony have been confined in a DOC facility for an average of 1.5 years.
A Level 6 felony is punishable by a prison term ranging from 6 to 30 months, with an advisory sentence of
1 year. The sentence depends on mitigating and aggravating circumstances. The entire Level 6 sentence may
be suspended and the person placed on either probation or community correction. If no time is suspended,
the offender can receive good time credit of 50% and educational credit time. After adjusting for credit time,
the offender can be released from prison and placed on parole.
HB 1227                                               1
The average expenditure to house an adult offender was $24,506 annually, or $67 daily, in FY 2021. (This
does not include the cost of new construction.) If offenders can be housed in existing facilities with no
additional staff, the marginal cost for medical care, food, and clothing is approximately $4,333 annually, or
$11.67 daily, per prisoner. These marginal cost estimates are based on contractual agreements with food and
medical vendors and projections based on prior years for clothing and hygiene. The estimated average cost
of housing a juvenile in a state juvenile facility was $133,799, or $366.32 daily, in FY 2021. The marginal
cost for juvenile facilities was $4,891 annually or $13.40 daily
Explanation of State Revenues: If additional court cases occur and fines are collected, revenue to both the
Common School Fund and the state General Fund would increase. The maximum fine for a Level 6 felony
is $10,000. Criminal fines are deposited in the Common School Fund.
If the case is filed in a circuit or superior court, 70% of the $120 criminal costs fee that is assessed and
collected when a guilty verdict is entered would be deposited in the state General Fund. In addition, some
or all of the following revenue is deposited into the state General Fund: automated record keeping fee ($20),
judicial salaries fee ($20), public defense administration fee ($5), court administration fee ($5), judicial
insurance adjustment fee ($1), and the DNA sample processing fee ($3).
Explanation of Local Expenditures: If more defendants are detained in county jails prior to their court
hearings, local expenditures for jail operations may increase. Any increase is expected to be minor. About
94% of the persons who were convicted and sentenced for illegal sex offender residency were confined in
a county jail before trial. And 65% of these persons were confined in a county jail after trial for a portion of
their executed sentence.
The average cost per day is approximately $54 based on the per diem payments reported by U.S. Marshals
to house federal prisoners in 16 county jails across Indiana during federal FY 2017.
Explanation of Local Revenues: If additional court actions occur and a guilty verdict is entered, local
governments would receive revenue from the following sources. The county general fund would receive 27%
of the $120 criminal costs fee that is assessed in a court of record. Cities and towns maintaining a law
enforcement agency that prosecutes at least 50% of its ordinance violations in a court of record may receive
3% of the criminal costs fee. Persons found guilty of a felony or misdemeanor are also required to pay the
document storage fee ($5), which is deposited into the clerk record perpetuation fund, and the jury fee ($2)
and the law enforcement continuing education fee ($4), which are both deposited in the county user fee fund.
State Agencies Affected: Department of Correction.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Department of Correction; U.S. Department of Justice Marshals Service; Abstracts
of Judgment, Indiana Supreme Court.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1227                                                2
Statutes affected: 
1. Introduced House Bill (H): 35-31.5-2-275, 35-42-4-11, 35-46-1-15.1