Indiana § 35-33-7-6.5 - Procedure to determine indigency; submission of uniform form; prorated payments

§ 35-33-7-6.5. Procedure to determine indigency; submission of uniform form; prorated payments

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027.

Sec. 6.5. (a) In determining whether a person is indigent, the court shall consider the following:

(1) The person's assets.

(2) The person's income.

(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) Each court in a county receiving reimbursement under IC 33-40-6-5(c) shall require a person claiming indigency to submit a uniform form, prescribed by the office of judicial administration, to assist the court in determining whether the person is indigent. The court shall review or designate a staff member to review the form submitted to ensure the accuracy of the information contained in the form before issuing an indigency determination under this section. The court may request any additional information needed from the person to verify the accuracy of the information submitted in the form.

(e) 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. Amended by P.L.111-2024, SEC.17.

IC 35-33-7-6.5Procedure to determine indigency; submission of uniform form; prorated payments; payment of cash bond and executed agreement Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027.

Sec. 6.5. (a) In determining whether a person is indigent, the court shall consider the following:

(1) The person's assets.

(2) The person's income.

(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) Each court in a county receiving reimbursement under IC 33-40-6-5(c) shall require a person claiming indigency to submit a uniform form, prescribed by the office of judicial administration, to assist the court in determining whether the person is indigent. The court shall review or designate a staff member to review the form submitted to ensure the accuracy of the information contained in the form before issuing an indigency determination under this section. The court may request any additional information needed from the person to verify the accuracy of the information submitted in the form.

(e) 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.

(f) If a person has paid a cash bond and executed an agreement under IC 35-33-8-3.2 allowing the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution, the court may retain these funds pursuant to the agreement without holding an indigency hearing.

As added by P.L.140-2020, SEC.2. Amended by P.L.111-2024, SEC.17; P.L.64-2026, SEC.2.