Section 13. Pretrial Services Fees and Fiscal Matters
Effective December 8, 2022
(a) If a court elects to assess the pretrial fees authorized by IC 35-33-8-3.3, the pretrial services entity shall develop and observe a written policy and procedure on the collection of pretrial fees.
(b) A court must find that a pretrial defendant has the financial ability to pay the pretrial fees imposed pursuant to IC 35-33-8-3.3(b). A pretrial defendant found indigent by the court may not be incarcerated for failure to pay the pretrial services fee or any other fee assessed for pretrial supervision services.
(c) All pretrial services fees shall be collected and utilized in accordance with IC 35-33-8-3.3.
(d) If the pretrial services entity collects the pretrial fees under this section, the pretrial services entity shall develop and observe written policy and procedure on fiscal management that governs cash handling procedures, establishes an accounting system, and complies with all applicable requirements of the Indiana State Board of Accounts.
(e) Upon request, the pretrial services entity shall provide the Indiana Office of Court Services with any and all relevant financial information, including reports, audits, or approvals issued by the Indiana State Board of Accounts.