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 the person is discharged from probation before the date the person was scheduled to be released from probation, any monthly probation user's fee paid in advance by the person may not be refunded.
(b) A probation department may petition a court to:
(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) 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.277-2003, SEC.13. Amended by P.L.217-2014, SEC.191.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 38. Proceedings Following Dismissal, Verdict, or Finding
35-38-2-0.2. Application of Certain Statutes to Individuals Placed on Probation After June 30, 2003
35-38-2-1.5. Increased Probation User's Fee
35-38-2-1.8. New Probation Hearings Allowed at Any Time; Modification of Conditions; Deadlines
35-38-2-2.1. Conditions of Probation; Payment of Alcohol and Drug Countermeasures Fee
35-38-2-2.4. Conditions of Probation for Sex Offenders
35-38-2-2.5. Residency Requirements for Certain Offenders
35-38-2-2.6. Conditions of Probation or Parole for Persons Convicted of Stalking
35-38-2-2.7. Prohibition on Use of Social Media, Instant Messaging, or Chat Rooms
35-38-2-2.9. Court Must Inform Offenders Against Children of Statutory Residency Restrictions