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 6437                                                             NOTE PREPARED: Dec 1, 2020
BILL NUMBER: HB 1424                                                BILL AMENDED:
SUBJECT: Sex Offenders and Parks.
FIRST AUTHOR: Rep. Smaltz                                           BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL                                           IMPACT: State & Local
                X DEDICATED
                  FEDERAL
Summary of Legislation: This bill provides that the offense of unlawful entry by a serious sex offender
includes when a serious sex offender knowingly or intentionally enters a public park or a public pool.
Effective Date: July 1, 2021.
Explanation of State Expenditures: Unlawful entry by a serious sex offender is a Level 6 felony. 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 average expenditure to house an
adult offender was $21,551 annually, or $59 daily, in 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 approximately $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, or $246 daily, in FY 2020. The marginal cost for juvenile facilities was $3,969
annually or $10.87 daily.
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.
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.
HB 1424                                                1
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. 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.
Fiscal Analyst: Mark Goodpaster, 317-232-9852.
HB 1424                                              2
Statutes affected: 
1. Introduced House Bill (H): 11-10-12-4, 35-42-4-14