Sec. 3. (a) Except as provided in subsection (b), when
the court imposes costs, it shall conduct a hearing to determine whether
the convicted person is indigent. If the person is not indigent, the court
shall order the person to pay:
(1) the entire amount of the costs at the time sentence is
pronounced;
(2) the entire amount of the costs at some later date;
(3) specified parts of the costs at designated intervals; or
(4) the entire amount of the costs at some later date, less any
amount credited under subsections (g) through (i) for the
performance of:
(A) allowable community service work ordered by the court as
part of the person's sentence or as part of the person's probation;
or
(B) uncompensated volunteer work approved by the court at a
nonprofit or municipal corporation that benefits the community,
even if the volunteer work is not ordered by the court.
(b) A court may impose costs and suspend payment of all or part of
the costs until the convicted person has completed all or part of the
sentence. If the court suspends payment of the costs, the court shall
conduct a hearing at the time the costs are due to determine whether the
convicted person is indigent. If the convicted person is not indigent, the
court shall order the convicted person to pay the costs:
(1) at the time the costs are due; or
(2) in a manner set forth in subsection (a)(2) through (a)(4).
(c) If a court suspends payment of costs under subsection (b), the
court retains jurisdiction over the convicted person until the convicted
person has paid the entire amount of the costs.
(d) Upon any default in the payment of the costs:
(1) an attorney representing the county may bring an action on a
debt for the unpaid amount;
(2) the court may direct that the person, if the person is not
indigent, be committed to the county jail and credited toward
payment at the rate of twenty dollars ($20) for each twenty-four
(24) hour period the person is confined, until the amount paid
plus the amount credited equals the entire amount due; or
(3) the court may institute contempt proceedings to enforce the
court's order for payment of the costs.
(e) If, after a hearing under subsection (a) or (b), the court
determines that a convicted person is able to pay part of the costs of
representation, the court shall order the person to pay an amount of not
more than the cost of the defense services rendered on behalf of the
person. The clerk shall deposit the amount paid by a convicted person
under this subsection in the county's supplemental public defender
services fund established under IC 33-40-3-1.
(f) A person ordered to pay part of the cost of representation under
subsection (e) has the same rights and protections as those of other
judgment debtors under the Constitution of the State of Indiana and
Indiana law.
(g) Subject to subsection (h), a court may reduce some or all of the
costs owed by a person who:
(1) has satisfactorily performed court ordered community service
work ordered as part of the person's:
(A) sentence; or
(B) probation; or
(2) regularly performed uncompensated volunteer work approved
by the court at a nonprofit or municipal corporation that benefits
the community, even if the volunteer work is not ordered by the
court.
(h) If the person is sentenced pursuant to a plea agreement that
requires the person to perform:
(1) a specific number of hours of community service work; or
(2) at least a specific number of hours of community service
work;
for purposes of subsections (g) and (i), the court may consider only
those hours of community service work that exceed the minimum
requirements of the plea agreement, if any.
(i) The maximum reduction under subsection (g) shall be
determined as follows:
STEP ONE: Determine the number of hours of community
service work satisfactorily performed by the person that exceeds
the minimum requirements under subsection (h), if applicable,
and the number of hours of court approved uncompensated
volunteer work regularly performed by the person.
STEP TWO: Multiply the number determined in STEP ONE by
the amount of the Indiana minimum wage established under IC 22-2-2.
STEP THREE: Subtract the product determined under STEP
TWO from the costs owed by the person.
A person's costs may not be reduced below zero (0).
(j) For purposes of subsections (g) and (i), work is "regularly
performed" if all of the following requirements are met:
(1) The person works for at least twenty (20) hours in a sixty (60)
day period.
(2) The person works at least two (2) hours per week.
[Pre-2004 Recodification Citation: 33-19-2-3.]
As added by P.L.98-2004, SEC.16. Amended by P.L.156-2007,
SEC.2; P.L.77-2019, SEC.1.
Notes of Decisions
Cited in
83
cases (
3 in the last 5 years), 2005–2025 · leading case:
Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011).
Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011).
· cites it 18× “2002) nor Indiana Code Section 33-37-2-3 supports the position that the issue is not ripe for review.”
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
· cites it 18× “” Finally, Wright cites Indiana Code Section 33-37-2-3, which allows the court to impose representation costs against a "convicted person” in excess of $100.”
Rich v. State, 890 N.E.2d 44 (Ind. Ct. App. 2008).
· cites it 4× “Indiana Code section 33-37-2-3 1 provides: (a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent.”
Amanda Vaughn v. State of Indiana, 982 N.E.2d 1071 (Ind. Ct. App. 2013).
· cites it 14× “2d at 1279 (noting that the legislature requires indigency hearing both as to the imposition of fines, Indiana Code Section 35-38-1-18, and costs, Indiana Code Section 33-19-2-3 (the predecessor to Indiana Code Section 33-37-2-3)). However, in Banks v.”
Demand Johnson v. State of Indiana, 27 N.E.3d 793 (Ind. Ct. App. 2015).
· cites it 6× “Code ch. 35-38-2 (no language in this chapter requires the trial court to conduct an indigency hearing before or directly after ordering probation fees).”
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
· cites it 4× “This statute has been repealed and is now codified at Indiana Code section 33-37-2-3. 6 . As an aside, we agree with the conclusion reached in Turner and May v.”
Wendy Burnett v. State of Indiana, 74 N.E.3d 1221 (Ind. Ct. App. 2017).
· cites it 4× “2015) (citing Ind. Code § 33-37-2-3 ). An indigency hearing for probation fees should take place no later than when a defendant completes her sentence.”
Teresa L. Holder v. State of Indiana, 119 N.E.3d 621 (Ind. Ct. App. 2019).
· cites it 18× “" Ind. Code § 33-37-2-3 (a). Subsection (e) further provides that "[i]f, after a hearing under subsection (a) or (b), [ 2 ] the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not…”
Lamonte v. State, 839 N.E.2d 172 (Ind. Ct. App. 2005).
· cites it 8× “Indiana Code section 33-40-3-6 and Indiana Code section 33-37-2-3 grant trial courts the discretion to impose representation costs against a defendant in excess of that amount in other instances.”
Bex v. State, 952 N.E.2d 347 (Ind. Ct. App. 2011).
· cites it 10× “See Ind.Code §§ 33-37-2-3, 33-40-3-6, and 35-33-7-6.”
Banks v. State, 847 N.E.2d 1050 (Ind. Ct. App. 2006).
· cites it 4× “Indiana Code section 33-40-3-6 and Indiana Code section 33-37-2-3 grant trial courts the discretion to impose representation costs against a defendant in excess of that amount in other instances.”
— Ind. Code § 33-37-2-3(a) — 24 cases
Wright v. State, 949 N.E.2d 411 (Ind. Ct. App. 2011).
“” Finally, Wright cites Indiana Code Section 33-37-2-3, which allows the court to impose representation costs against a "convicted person” in excess of $100.”
Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011).
“2002) nor Indiana Code Section 33-37-2-3 supports the position that the issue is not ripe for review.”
— Ind. Code § 33-37-2-3(b) — 13 cases
Rich v. State, 890 N.E.2d 44 (Ind. Ct. App. 2008).
“Indiana Code section 33-37-2-3 1 provides: (a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent.”
Kimbrough v. State, 911 N.E.2d 621 (Ind. Ct. App. 2009).
“This statute has been repealed and is now codified at Indiana Code section 33-37-2-3. 6 . As an aside, we agree with the conclusion reached in Turner and May v.”
Teresa L. Holder v. State of Indiana, 119 N.E.3d 621 (Ind. Ct. App. 2019).
“" Ind. Code § 33-37-2-3 (a). Subsection (e) further provides that "[i]f, after a hearing under subsection (a) or (b), [ 2 ] the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not…”
— Ind. Code § 33-37-2-3(c) — 1 case
— Ind. Code § 33-37-2-3(e) — 5 cases
Teresa L. Holder v. State of Indiana, 119 N.E.3d 621 (Ind. Ct. App. 2019).
“" Ind. Code § 33-37-2-3 (a). Subsection (e) further provides that "[i]f, after a hearing under subsection (a) or (b), [ 2 ] the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not…”
— Ind. Code § 33-37-2-3(g) — 1 case
Teresa L. Holder v. State of Indiana, 119 N.E.3d 621 (Ind. Ct. App. 2019).
“" Ind. Code § 33-37-2-3 (a). Subsection (e) further provides that "[i]f, after a hearing under subsection (a) or (b), [ 2 ] the court determines that a convicted person is able to pay part of the costs of representation, the court shall order the person to pay an amount of not…”
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