Sec. 1.7. (a) A person may pay a monthly probation user’s fee under section 1 or 1.5 of this chapter before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if a delinquent child is discharged from probation before the date the delinquent child was scheduled to be released from probation, any monthly probation user’s fee paid in advance for the delinquent child may not be refunded.

     (b) A probation department may petition a court to:

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Terms Used In Indiana Code 31-40-2-1.7

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(1) impose a probation user’s fee on a person; or

(2) increase a person’s probation user’s fee;

under section 1 or 1.5 of this chapter if the financial ability of the person to pay a probation user’s fee changes while the person is on probation.

     (c) An order to pay a probation user’s fee under section 1 or 1.5 of this chapter:

(1) is a judgment lien that:

(A) attaches to the property of the person subject to the order;

(B) may be perfected;

(C) may be enforced to satisfy any payment that is delinquent under section 1 or 1.5 of this chapter; and

(D) expires;

in the same manner as a judgment lien created in a civil proceeding;

(2) is not discharged by the completion of the person’s probationary period or other sentence imposed on the person; and

(3) is not discharged by the liquidation of a person’s estate by a receiver under IC 32-30-5.

     (d) A delinquent child placed on probation for more than one (1) delinquent act:

(1) may be required to pay more than one (1) initial probation user’s fee; and

(2) may not be required to pay more than one (1) monthly probation user’s fee per month;

to either the probation department or the clerk of the court.

     (e) If a court orders a person to pay a probation user’s fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income earned by the person to enforce the order.

As added by P.L.2-2005, SEC.82. Amended by P.L.125-2012, SEC.407; P.L.217-2014, SEC.185.

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