Ind. Marion Cnty. Crim. Local Rule LR49-CR00-115

(a) Alcohol and Drug Services Program Fee

1. The Marion Superior Court has established a court operated Alcohol and Drug

Services Program pursuant to IC § 12-23-14, administered by the Marion Superior

Court Probation Department.

2. In any criminal case where substance is alleged to have been a contributing factor,

the person convicted shall be ordered to pay a substance abuse fee of $400.00.

This fee includes substance abuse assessment; client intake and orientation; referral to

treatment, if required; client monitoring; case management; and compliance

monitoring until discharge.

3. The substance abuse fee may be waived by the Court if the person is actively

involved in a substance abuse treatment program at the time of sentencing, has

successfully completed a substance abuse treatment program as a result of the charge

for which the person is currently being sentenced, or is determined to be indigent.

4. Should the case be transferred to another court program a client may be charged a

transfer fee by the program of up to $100. The receiving program may then charge

the difference between the transfer fee and the statutory user fee cap.

(b) In addition to costs as set by I.C 33-37-4-1 whenever an individual is placed on probation, or

without placing a person on probation the following fees and costs shall be imposed under

the Probation Court or Probation Order unless the sentencing Judge specifically modifies the

Order. The fees and costs collected under the Court or Probation Order shall be applied in

this following descending order of priority:

Administrative fee

Probation User fee

Alcohol and Drug Service fee (33-37-5-8)

Court Costs (I.C 33-37-4-1)

Restitution (35-50-5-3)

Public Defender Reimbursement * (35-33-7-6)

Safe School fee (I.C. 33-37-5-18)

Child Abuse Prevention fee (I.C. 33-37-5-12)

Drug Interdiction fee (I.C. 33-37-5-9)

Alcohol Countermeasures fee (I.C. 33-37-5-10)

Domestic Violence fee (33-37-5-13)

(*Fee imposed only after judicial determination of ability to pay)

In the event that these specific fees, or any other court ordered fees, are not paid, the Court may

enter judgment against the individual and may seek appropriate steps to collect the judgment

owed.

(c) Whenever a Judicial Officer orders a person to be drug tested an appropriate fee shall be paid

at the time of testing, unless the Judicial Officer determines the person is eligible to pay a

reduced fee or is indigent.

If a confirmatory test is requested by an individual, an appropriate fee shall be paid at the time of

testing.

(d) All Marion County Courts certified as Problem-Solving Courts under I.C. 33-23-16 may

assess costs pursuant to statute.

1. Drug Court. The Judge may impose on those persons directed to participate in the

Marion County Drug Court Program a $100 administrative fee as well as a problem-solving court

services fee of $25 for each month of problem-solving court participation in accordance with I.C.

33-23-16-23. The monthly fee shall not exceed $600 in total assessment. The clerk of the court

shall collect and transmit these fees within thirty (30) days after the fees are collected, for deposit

by the auditor or fiscal officer in the county user fee fund established under I.C. 33-37-8.

2. Re-Entry Court. The Judge may impose on those persons directed to participate in

the Marion County Re-Entry Court Program a $100 administrative fee as well as a problem-solving court services fee of $25 for each month of problem-solving court participation in

accordance with I.C. 33-23-16-23. The monthly fee shall not exceed $600 in total assessment.

The clerk of the court shall collect and transmit these fees within thirty (30) days after the fees

are collected, for deposit by the auditor or fiscal officer in the county user fee fund established

under I.C. 33-37-8.