Ind. Code § 35-33-7-6.5 : CRIMINAL LAW AND PROCEDURE — PRELIMINARY PROCEEDINGS — PROBABLE CAUSE; INITIAL HEARING —33-7-6.5 - Procedure to determine indigency; prorated payments

(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) 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.

IC 35-33-7-6.5

Added by P.L. 140-2020,SEC. 2, eff. 7/1/2020.