Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 33-37-8
     Chapter 8. Local User Fee Funds

IC 33-37-8-1
"City or town fund"
    
Sec. 1. As used in this chapter, "city or town fund" refers to the city or town user fee fund established under section 3 of this chapter.
As added by P.L.98-2004, SEC.16.

IC 33-37-8-2
"County fund"
    
Sec. 2. As used in this chapter, "county fund" refers to the county user fee fund established under section 5 of this chapter.
As added by P.L.98-2004, SEC.16.

IC 33-37-8-3
City or town user fee fund
    
Sec. 3. (a) A city or town user fee fund is established in each city or town having a city or town court for the purpose of supplementing the cost of various program services. The city or town fund is administered by the fiscal officer of the city or town.
    (b) The city or town fund consists of the following fees collected by a clerk under this article:
        (1) The pretrial diversion program fee.
        (2) The alcohol and drug services fee.
        (3) The law enforcement continuing education program fee.
        (4) The deferral program fee.
        (5) The problem solving court fee.
As added by P.L.98-2004, SEC.16. Amended by P.L.60-2006, SEC.5; P.L.42-2011, SEC.65; P.L.187-2011, SEC.8.

IC 33-37-8-4
City or town funds; appropriations; deferral and pretrial diversion programs
    
Sec. 4. (a) Except as provided in subsection (b), upon receipt of monthly claims submitted on oath to the fiscal body by a program listed in section 3(b) of this chapter, the fiscal body of the city or town shall appropriate from the city or town fund to the program the amount collected for the program fee under IC 33-37-5.
    (b) Funds derived from a deferral program or a pretrial diversion program may be disbursed only by the adoption of an ordinance appropriating the funds for one (1) or more of the following purposes:
        (1) Personnel expenses related to the operation of the program.
        (2) Special training for:
            (A) a prosecuting attorney;
            (B) a deputy prosecuting attorney;
            (C) support staff for a prosecuting attorney or deputy prosecuting attorney; or
            (D) a law enforcement officer.


        (3) Employment of a deputy prosecutor or prosecutorial support staff.
        (4) Victim assistance.
        (5) Electronic legal research.
        (6) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies.
        (7) Expenses of a criminal investigation and prosecution.
        (8) An activity or program operated by the prosecuting attorney that is intended to reduce or prevent criminal activity, including:
            (A) substance abuse;
            (B) child abuse;
            (C) domestic violence;
            (D) operating while intoxicated; and
            (E) juvenile delinquency.
        (9) Any other purpose that benefits the office of the prosecuting attorney or law enforcement and that is agreed upon by the county fiscal body and the prosecuting attorney.
    (c) Funds described in subsection (b) may be used only in accordance with guidelines adopted by the prosecuting attorneys council under IC 33-39-8-5.
As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005, SEC.19; P.L.229-2011, SEC.263.

IC 33-37-8-5
County user fee fund
    
Sec. 5. (a) A county user fee fund is established in each county to finance various program services. The county fund is administered by the county auditor.
    (b) The county fund consists of the following fees collected by a clerk under this article and by the probation department for the juvenile court under IC 31-37-9-9:
        (1) The pretrial diversion program fee.
        (2) The informal adjustment program fee.
        (3) The marijuana eradication program fee.
        (4) The alcohol and drug services program fee.
        (5) The law enforcement continuing education program fee.
        (6) The deferral program fee.
        (7) The jury fee.
        (8) The problem solving court fee.
    (c) All of the jury fee and two dollars ($2) of a deferral program fee collected under IC 33-37-4-2(e) shall be deposited by the county auditor in the jury pay fund established under IC 33-37-11.
As added by P.L.98-2004, SEC.16. Amended by P.L.60-2006, SEC.6; P.L.146-2008, SEC.676; P.L.42-2011, SEC.66; P.L.187-2011, SEC.9.

IC 33-37-8-6
County funds; appropriations; deferral and pretrial diversion

programs
    
Sec. 6. (a) Except as provided in subsection (b), upon receipt of monthly claims submitted on oath to the fiscal body by a program listed in section 5(b) of this chapter, the county fiscal body shall appropriate from the county fund to the program or fund the amount collected for the program under IC 33-37-5.
    (b) Funds derived from a deferral program or a pretrial diversion program may be disbursed only by the adoption of an ordinance appropriating the funds for one (1) or more of the following purposes:
        (1) Personnel expenses related to the operation of the program.
        (2) Special training for:
            (A) a prosecuting attorney;
            (B) a deputy prosecuting attorney;
            (C) support staff for a prosecuting attorney or deputy prosecuting attorney; or
            (D) a law enforcement officer.
        (3) Employment of a deputy prosecutor or prosecutorial support staff.
        (4) Victim assistance.
        (5) Electronic legal research.
        (6) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies.
        (7) Expenses of a criminal investigation and prosecution.
        (8) An activity or program operated by the prosecuting attorney that is intended to reduce or prevent criminal activity, including:
            (A) substance abuse;
            (B) child abuse;
            (C) domestic violence;
            (D) operating while intoxicated; and
            (E) juvenile delinquency.
        (9) Any other purpose that benefits the office of the prosecuting attorney or law enforcement and that is agreed upon by the county fiscal body and the prosecuting attorney.
    (c) Funds described in subsection (b) may be used only in accordance with guidelines adopted by the prosecuting attorneys council under IC 33-39-8-5.
As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005, SEC.20; P.L.229-2011, SEC.264.

IC 33-37-8-7
Pretrial diversion program fund
    
Sec. 7. (a) This section applies when a county auditor has established a pretrial diversion program fund to receive funds initially deposited in the county fund from the collection of the pretrial diversion program fee. Whenever a prosecuting attorney:
        (1) certifies to the county fiscal body that the amount in the pretrial diversion program fund exceeds the amount needed to

finance the pretrial diversion program services during the calendar year; and
        (2) states the amount of the excess funds in the certification;
the fiscal body may adopt an ordinance to appropriate the excess funds from the pretrial diversion program fund to the office of the prosecuting attorney.
    (b) Funds appropriated as described in subsection (a) may be used by the office of the prosecuting attorney for any purpose specified in the appropriation ordinance adopted by the fiscal body.
    (c) A county fiscal body may not transfer funds previously appropriated to the office of the prosecuting attorney as a result of an appropriation described in subsection (a).
As added by P.L.98-2004, SEC.16.

IC 33-37-8-8
Collection of jury fees; transfer of funds to jury pay
    
Sec. 8. (a) This section applies to jury fees collected under IC 33-37-5-19.
    (b) If a clerk certifies to a county fiscal body the amount of fees collected, the county fiscal body shall direct the county auditor to transfer the amount certified to the jury pay fund established under IC 33-37-11.
As added by P.L.98-2004, SEC.16.