Indiana Code
Chapter 2. Probation
35-38-2-1.7. Early Payment of Probation User's Fee; Recalculation of Probation User's Fee; Discharge; Wage Garnishment

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

Indiana Code

Title 35. Criminal Law and Procedure

Article 38. Proceedings Following Dismissal, Verdict, or Finding

Chapter 2. Probation

35-38-2-0.1. Repealed

35-38-2-0.2. Application of Certain Statutes to Individuals Placed on Probation After June 30, 2003

35-38-2-1. Conditions of Probation; Advice on Violation Specification in Record; Administrative Costs; Transfer of Three Percent of Probation User's Fee; Administrative Fee; User's Fee; Collection of Administrative Fee; Disposition of Money Collected...

35-38-2-1.5. Increased Probation User's Fee

35-38-2-1.7. Early Payment of Probation User's Fee; Recalculation of Probation User's Fee; Discharge; Wage Garnishment

35-38-2-1.8. New Probation Hearings Allowed at Any Time; Modification of Conditions; Deadlines

35-38-2-2. Repealed

35-38-2-2.1. Conditions of Probation; Payment of Alcohol and Drug Countermeasures Fee

35-38-2-2.2. Conditions of Probation; Registration With Local Law Enforcement Authority; Consent to Search of Computer

35-38-2-2.3. Conditions of Probation; Statement of Conditions; Term of Imprisonment; Intermittent Service; Transfers and Retransfers of Supervision

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

35-38-2-2.8. Prohibition Against Owning, Harboring, or Training a Companion Animal as a Condition of Parole

35-38-2-2.9. Court Must Inform Offenders Against Children of Statutory Residency Restrictions

35-38-2-3. Violation of Conditions of Probation