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Questions

Probation Fees (administrative and user's fees)

Probation Officer Minimum Salary Schedule

Interstate Compact for Adult Offender Supervision

Collection of Probation Fees

Answers

Probation Fees (administrative and user's fees)

Where does the new administrative fee get deposited?
According to the State Board of Accounts (in a memo dated August 4, 2003), the administrative fee "will be remitted to the county auditor using the report of collections process. The county auditor will need to create a new fund for each probation department the county has. The administrative fee will be quietused into this fund or funds. Do not quietus the administrative fee to the probation user fee funds. This administrative fee is required to be accounted for separately since the purposes of what this fee can be spent on is limited. Once the administrative fee is quietused into the new fund, there will need to be an appropriation and a claim will need to be filed with the county auditor."

How should the administrative fees be used?
Under Non-Code Section 16(a), P.L. 277-2003, the administrative fee shall be used to pay for salary increases required under the salary schedule adopted under IC 36-2-16.5 and IC 11-13-8 that becomes effective January 1, 2004.

What happens to the administrative fees if a probation department collects more than the amount necessary for the salary increases?
Under Non-Code Section 16(b), P.L. 277-2003, administrative fees collected that exceed the amount required to pay for salary increases adopted under IC 36-2-16.5 and IC 11-13-8 may be used in any manner permitted under the probation user's fee statutes (IC 31-40-2-2, IC 35-38-2-1(f), and IC 35-38-2-1(i)).

Is the administrative fee collected before court costs and fines?
No. The administrative fee is collected before any other probation user's fees (initial probation user's fee and monthly probation user's fees). IC 35-38-2-1(f) and IC 31-40-2-1(c).

If the clerk collects the administrative fee, does the clerk keep 3%?
No. IC 35-38-2-1(c) and IC 31-40-2-1 (b) state that if a clerk of a court collects a probation user's fee, the clerk may keep not more than 3% of the fee to defray the administrative costs of collecting the fee.

If the clerk takes the initial probation user's fee and monthly probation user's fees out of the bond paid by the defendant, is this considered a "collection" of fees entitled to the 3% offset?
As of February 2005, the State Board of Accounts considers this a collection and the clerk is entitled to the 3% offset.

If a probationer pays monthly probation user's fees in advance and is discharged from probation early, is the probationer entitled to a refund?
The probationer is not entitled to a refund for fees paid in advance [IC 35-38-2-1.7(a) and IC 31-40-1-1.7(a)]

Who is required to pay the increased monthly probation user's fees and the administrative fee?
Any person placed on probation after June 30, 2003 is subject to the increased monthly fees and the administrative fee.

Probation Officer Minimum Salary Schedule

If a probation officer fails the probation officer examination, what is that person's "anniversary date" for purposes of the salary schedule?
The Probation Committee of the Judicial Conference of Indiana decided that the anniversary date for a probation officer who fails the exam becomes the date the officer passes the exam (all other probation officers use their hire date as the anniversary date).

Are probation officers entitled to the raises that other county employees get once the 2004 salary schedule becomes effective?
No. The new salary schedule will base future increases in the schedule on the pay increases awarded to state judicial employees. The Indiana Judicial Center will provide each chief probation officer with a revised Minimum Salary Schedule each year reflecting any increases.

Is the Judicial Conference of Indiana's Minimum Salary Schedule for Probation Officers based on a certain number of hours worked in a week?
No. The Salary Schedule is based on full-time employment as defined by each department.

Interstate Compact for Adult Offender Supervision

Once a probation department collects the $125 interstate compact application fee, what does the probation department do with the money?
The application fee is paid by both adult offenders and delinquent children who apply to have their probation or parole supervision transferred to another state.  Once the probation department collects the fee, the department will remit this fee to the county auditor by the report of collections process.  The county auditor will deposit 50% of the fee into the county offender transportation fund.  The county auditor will remit the remaining 50% of the fee to the Auditor of State semiannually on Form 105 at settlement time for deposit into the state general fund. (State Board of Accounts memo dated August 4, 2003).

Does the interstate compact application fee apply to juveniles?
Yes.  IC 11-13-4.5-4 requires a delinquent child on probation who applies to be transferred out of state under the Interstate Compact for Juveniles to pay a $125 application fee.

Collection of Probation Fees

Under IC 35-38-2-1.7(e), a court may order the Bureau of Motor Vehicles to not issue a driver's license or permit to a person that is delinquent in paying probation user's fees if the person's driver's license or permit has been suspended, revoked or never issued. How does the court notify the Bureau of Motor Vehicles of this order?
The court should use the SR 16 form to notify BMV to not issue a license or permit to a person until the person has paid the delinquent user's fees. Under "SR 16 Type", the court should check "Failure to Pay".

Can probationers pay their probation fees by credit card?
Yes. Under IC 35-38-2-1(k), a probation department or may accept payment of fees by credit card. The liability for payment is not discharged until the probation department receives payment or credit from the institution responsible for making the payment or credit. If there is a vendor transaction charge, the IC 35-38-2-1(l) allows the probation department to collect a credit card service fee from the person using the credit card. The clerk may also accept payment with credit cards under IC 33-19-6.5-1.

If a person is ordered to pay probation user's fees, can the court garnish the person's wages?
Yes. IC 35-38-2-1.7(d) authorizes the court to garnish a probationer's wages, salary, and other income earned by the person to enforce an order to pay probation user's fees.