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 7396 NOTE PREPARED: Jan 11, 2021
BILL NUMBER: HB 1580 BILL AMENDED:
SUBJECT: Direct Filing of Juvenile Cases in Adult Court.
FIRST AUTHOR: Rep. Hatcher BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: X GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: The bill eliminates a requirement that the case of a juvenile who is: (1) 16 or 17
years of age; and (2) accused of certain offenses; must be filed directly in a court with adult criminal
jurisdiction. It provides that an individual: (1) whose case was directly filed in a court with adult criminal
jurisdiction; and (2) who has not been sentenced; before the effective date of this act must (rather than may,
under current law) be sentenced under provisions concerning sentencing alternatives for certain offenders
under criminal court jurisdiction.
Effective Date: July 1, 2021.
Explanation of State Expenditures: Summary - As proposed, these defendants who are accused of these
crimes could be tried in juvenile court but could still be waived to adult court upon a motion by the
prosecuting attorney. Depending on the discretion of the juvenile courts and the prosecuting attorneys, the
impact on state expenditures is expected to be minor.
Division of Youth Services: The bill provides that the court shall impose a sentencing alternative for
offenders less than 18 years of age, whose case was directly filed in adult court under IC 31-30-1-4 (before
its repeal), and convicted of committing the felony or enters a guilty plea. It also requires the Department of
Correction (DOC) to place the defendant in a juvenile facility if space is available. These provisions will
likely have a minimal effect on either the juvenile or adult facilities that the DOC operates and would depend
on the discretion of the sentencing court.
Indiana Criminal Justice Institute: The bill could reduce the workload of the ICJI if the ICJI does not have
to track the number of juveniles directly filed in adult court.
HB 1580 1
Additional Information - Since any effect on where these juveniles would be confined would depend on the
discretion of both the prosecuting attorney and the juvenile court, if most prosecuting attorneys petition the
juvenile court to waive the juvenile to adult court, this bill would likely have a minimal effect on either the
juvenile or adult facilities that the Department of Correction (DOC) operates.
If the juvenile court does not waive jurisdiction, the bill could shift these defendants under the age of 18 from
adult criminal courts to juvenile courts and then ultimately to either juvenile facilities operated by DOC or
to juvenile detention facilities operated by counties. 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.
Based on the Abstracts of Judgment for FY 2013 and 2020, an average 35 persons are convicted and
sentenced each year as adults and an average 23 are committed to DOC each year for assorted crimes. This
table also shows the number of counties from which these persons were committed.
Offenders Younger Than 18 Convicted as Adults by Fiscal Year
2013 2014 2015 2016 2017 2018 2019 2020
Convicted as Adult 30 34 36 17 37 55 58 14
Committed to DOC as Adult 22 24 33 13 20 34 29 11
Number of Counties 14 18 15 9 18 17 23 6
Explanation of State Revenues: The filing fee for both juvenile actions and criminal felony and
misdemeanor conviction is $120. Of this fee, 70% is deposited in the state general fund if the case is filed
in a trial court. For cases filed in a city or town court, the state general fund receives 55% of the filing fee.
Explanation of Local Expenditures: If juveniles are assigned to juvenile detention facilities, then counties
might incur added costs if they are responsible for the incarceration costs. Currently, there are 22 juvenile
detention centers located throughout the state; 19 are operated by counties and 4 are privately operated.
Division of Youth Services: Prior to committing an offender to a juvenile facility, the sentencing court would
be required to receive either a presentence investigation from the probation department or a diagnostic
evaluation by DOC staff. DOC must also determine if space is available in its juvenile facilities. The court
would conduct a review hearing before the juvenile becomes 19 and decide whether the juvenile should be
discharged if the sentencing court finds that objectives of the sentence have been met, whether the juvenile
should be committed to a DOC adult facility, or whether the juvenile could qualify for community
supervision.
Explanation of Local Revenues: See Explanation of State Revenues.
State Agencies Affected: Department of Corrections; Indiana Criminal Justice Institute.
Local Agencies Affected: Courts with juvenile jurisdiction; juvenile detention facilities.
Information Sources: Department of Correction Offender Information System; Indiana Supreme Court
Abstracts of Judgment; Quest Case Management System; U.S. Department of Justice Marshals Service.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
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Statutes affected:
1. Introduced House Bill (H): 5-2-6-24, 12-23-19-2, 31-30-4-1, 31-30-4-2, 31-30-4-3, 31-30-4-4, 31-30-4-5, 31-30-4-6, 35-50-2-17