Ind. Code » Title 33
Indiana Code

Ind. Code § 33-37-4-1 (2026)

Criminal costs fees; additional fees

✓ current as of May 2026
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     Sec. 1. (a) For each action that results in a felony conviction under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120).

     (b) In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5:

(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).

(2) A marijuana eradication program fee (IC 33-37-5-7).

(3) An alcohol and drug services program fee (IC 33-37-5-8(b)).

(4) A law enforcement continuing education program fee (IC 33-37-5-8(c)).

(5) A drug abuse, prosecution, interdiction, and correction fee (IC 33-37-5-9).

(6) An alcohol and drug countermeasures fee (IC 33-37-5-10).

(7) A child abuse prevention fee (IC 33-37-5-12).

(8) A domestic violence prevention and treatment fee (IC 33-37-5-13).

(9) A highway worksite fee (IC 33-37-5-14).

(10) A deferred prosecution fee (IC 33-37-5-17).

(11) A document storage fee (IC 33-37-5-20).

(12) An automated record keeping fee (IC 33-37-5-21).

(13) A late payment fee (IC 33-37-5-22).

(14) A sexual assault victims assistance fee (IC 33-37-5-23).

(15) A public defense administration fee (IC 33-37-5-21.2).

(16) A judicial insurance adjustment fee (IC 33-37-5-25).

(17) A judicial salaries fee (IC 33-37-5-26).

(18) A court administration fee (IC 33-37-5-27).

(19) A DNA sample processing fee (IC 33-37-5-26.2).

     (c) Instead of the criminal costs fee prescribed by this section, except for the automated record keeping fee (IC 33-37-5-21), the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-39-1-8 requires payment of those fees by the accused person. The pretrial diversion program fee is:

(1) an initial user's fee of fifty dollars ($50) for a misdemeanor offense;

(2) an initial user's fee of seventy-five dollars ($75) for a felony offense;

(3) a monthly user's fee of twenty dollars ($20) for each month that the person remains in the pretrial diversion program; and

(4) any additional program fee or cost that is:

(A) reasonably related to the person's rehabilitation; and

(B) approved by the court.

A monthly user fee may not be collected beyond the maximum length of the possible sentence.

     (d) The clerk shall transfer to the county auditor or city or town fiscal officer the following fees, not later than thirty (30) days after the fees are collected:

(1) The pretrial diversion fee.

(2) The marijuana eradication program fee.

(3) The alcohol and drug services program fee.

(4) The law enforcement continuing education program fee.

The auditor or fiscal officer shall deposit fees transferred under this subsection in the appropriate user fee fund established under IC 33-37-8.

     (e) Unless otherwise directed by a court, if a clerk collects only part of a criminal costs fee from a defendant under this section, the clerk shall distribute the partial payment of the criminal costs fee as follows:

(1) The clerk shall apply the partial payment to general court costs.

(2) If there is money remaining after the partial payment is applied to general court costs under subdivision (1), the clerk shall distribute the remainder of the partial payment for deposit in the appropriate county user fee fund.

(3) If there is money remaining after distribution under subdivision (2), the clerk shall distribute the remainder of the partial payment for deposit in the state user fee fund.

(4) If there is money remaining after distribution under subdivision (3), the clerk shall distribute the remainder of the partial payment to any other applicable user fee fund.

(5) If there is money remaining after distribution under subdivision (4), the clerk shall apply the remainder of the partial payment to any outstanding fines owed by the defendant.

[Pre-2004 Recodification Citation: 33-19-5-1.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.16; P.L.95-2004, SEC.4; P.L.2-2005, SEC.100; P.L.176-2005, SEC.4; P.L.182-2009(ss), SEC.392; P.L.85-2017, SEC.108; P.L.24-2018, SEC.1; P.L.120-2023, SEC.6.

 

Notes of Decisions
Cited in 19 cases (3 in the last 5 years), 2006–2025 · leading case: Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011).
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Berry v. State, 950 N.E.2d 798 (Ind. Ct. App. 2011). · cites it 6× “The trial court likely relied on Indiana Code Section 33-37-4-1, which requires the trial court to impose costs regardless of whether the convicted person is indigent.”
Creekmore v. State, 853 N.E.2d 523 (Ind. Ct. App. 2006). · cites it 4× “Ind.Code Ann. § 33-37-4-1 (West, Premise through 2006 Public Laws approved and effective through March 15, 2006) lists the various fees that may be collected from a defendant in a criminal action resulting in a felony or misdemean- or conviction.”
Mason W. Meunier-Short v. State of Indiana, 52 N.E.3d 927 (Ind. Ct. App. 2016). · cites it 4× “In addition, the costs and fees mandated by Indiana Code section 33-37-4-1 are imposed by operation of law; the defendant’s ability to pay is not considered.”
Amanda Vaughn v. State of Indiana, 982 N.E.2d 1071 (Ind. Ct. App. 2013). · cites it 4× “2 See Ind. Code § 33-37-4-1 (governing the amount of court costs); I.”
Darren Dwayne Langdon v. State of Indiana, 71 N.E.3d 1162 (Ind. Ct. App. 2017). · cites it 2× “The sentencing order form cited Indiana Code §§ 33-37-4-1, -4 and 33-37-5-19 as authority for the imposition of this second fee.”
Latasha Howard v. State of Indiana (Ind. Ct. App. 2024). · cites it 6× “” Lastly, a trial court must hold a hearing and determine that the defendant is not indigent before imposing certain types of fees because, pursuant to Indiana Code Section 33-37-2-5, 3 among the types of fees a trial court may assess, the fees listed under Indiana Code Section…”
Sherease Holmes v. State of Indiana (mem. dec.) (Ind. Ct. App. 2016). · cites it 4× “The State asserts that Ind. Code § 33-37-4-1 requires a trial court to impose costs on a criminal defendant and that the defendant’s ability to pay is not relevant.”
Lamarcus Williams v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017). · cites it 4× “Court of Appeals of Indiana | Memorandum Decision 49A02-1706-CR-1199 | November 22, 2017 Page 5 of 10 [7] Williams now appeals.”
Adam Whitaker v. State of Indiana, 87 N.E.3d 1139 (Ind. Ct. App. 2017). · cites it 3× “We note that following remand in Burnett, the trial court granted the defendant’s motion for court-ordered, refund of probation fees on July 25, 2017, and ordered the Marion County Probation Department to issue a refund to Burnett in the amount of $250.”
Jeffery A. Foster v. State of Indiana (Ind. Ct. App. 2014). · cites it 4× “Ind. Code § 33-37-4-1 . A trial court must impose a “criminal costs fee” of $120 when a defendant is convicted of a misdemeanor.”
Jarvis D. Johnson, Jr. v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “Indiana Code section 33-37-4-1 sets forth the costs the court shall collect from convicted defendants by operation of law.”
Nathaniel Hopkins v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). · cites it 2× “[4] Indiana Code Section 33-37-4-1 sets forth the costs the court shall collect from convicted defendants by operation of law.”
Show all 19 citing cases →
Ind. Code § 33-37-4-1(a): 1 case
Jeffery A. Foster v. State of Indiana (Ind. Ct. App. 2014). “Ind. Code § 33-37-4-1 . A trial court must impose a “criminal costs fee” of $120 when a defendant is convicted of a misdemeanor.”
Ind. Code § 33-37-4-1(b): 1 case
Mack M. Chandler v. State of Indiana (mem. dec.) (Ind. Ct. App. 2020).
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