Indiana Code 35-33-7-6.5. Procedure to determine indigency; prorated payments
(1) The person’s assets.
Terms Used In Indiana Code 35-33-7-6.5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) The person’s necessary expenses.
(b) The court may consider that a person’s eligibility for:
(1) the federal Supplemental Nutrition Assistance Program (SNAP) (except for 21 U.S.C. § 862a(a));
(2) the federal and Indiana TANF (Temporary Assistance for Needy Families) program (except for 21 U.S.C. § 862a(a)); or
(3) another need based public assistance program;
constitutes sufficient evidence to establish that a person is indigent.
(c) The court may issue an initial indigency determination pending receipt of documentary or other evidence from the person concerning the person’s income, assets, expenses, or welfare eligibility.
(d) If the court finds that the person is able to pay some of the fines, fees, and court costs, the court may prorate the person’s fine, fee, and court costs, and require the person to pay an amount that the person can reasonably afford.
As added by P.L.140-2020, SEC.2.