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 6858 NOTE PREPARED: Dec 26, 2020
BILL NUMBER: HB 1236 BILL AMENDED:
SUBJECT: Sentencing Aggravators.
FIRST AUTHOR: Rep. Young J BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill specifies that aggravating circumstances based on the commission of
certain offenses include only those offenses of which the defendant was convicted. It provides that a court,
when sentencing a defendant, may not consider as an aggravating circumstance: (1) any charge of which the
defendant was acquitted; or (2) the fact that the state elected not to charge the defendant with one or more
offenses.
Effective Date: July 1, 2021.
Explanation of State Expenditures: This bill could result in a minor reduction in DOC’s felony population.
Depending on the felony level and how frequently a sentencing court considers these factors (charges for
which a defendant was acquitted and offenses that were not charged) when determining a person’s sentence,
this bill could limit the added time a court could impose of a convicted person’s sentence.
Generally, a court will begin with the advisory sentence for the felony and consider whether aggravating
factors exist to increase the sentence. The court may not sentence a convicted person to a term greater than
the maximum for a single offense.
The following table shows the range of what a sentence could be depending on the felony level.
HB 1236 1
 Murder Level 1 Level 2 Level 3 Level 4 Level 5 Level 6
Advisory 55 years 30 years 17.5 years 9 years 6 years 3 years 1 year
Maximum 65 years 40 years 30 years 16 years 12 years 6 years 30 months
Additional Information– The average expenditure to house an adult offender in a DOC facility was $21,551
annually, or $59 daily, during FY 2020. (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 estimated at $3,524 annually, or $9.66 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 $89,998
annually, or $246.40 per day, in FY 2020. The marginal cost for juvenile facilities was $3,969 annually or
$10.87 daily.
Explanation of State Revenues:
Explanation of Local Expenditures: The average cost per day to incarcerate a prisoner 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:
State Agencies Affected: Department of Correction.
Local Agencies Affected: Courts with criminal jurisdiction, prosecuting attorneys.
Information Sources: Indiana Code.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1236 2


Statutes affected:
1. Introduced House Bill (H): 35-38-1-7.1