A. Inmate Processing Fee. The Jasper County Sheriff shall assess a fee of $25.00 as an inmate processing fee for each time a person is booked into the Jasper County Detention Center.
The inmate processing fee shall not be assessed if:
1. A public defender has been appointed by the Court on the charges for which the inmate has been booked into the Detention Center;
2. The inmate is being held for another agency for a per diem payment;
3. The inmate is being held for safekeeping for another agency;
4. The inmate is being held for non-criminally related issues such as body attachments and contempt of court in civil proceedings; or
5. In accordance with IC 36-2-13-17.4, the inmate is found not guilty of the charges for which he or she was incarcerated, or if the charges are dismissed by the Office of the Jasper County Prosecuting Attorney before the $25.00 booking fee is assessed.
B. Fee Collection. It shall be the duty of the Jasper County Sheriff to collect inmate processing fees. The Sheriff shall be responsible for keeping a ledger of all inmate processing fees assessed, payments thereof, and accounts receivable.
The inmate processing fee shall be assessed each time an individual is processed into the Detention Center. In the event that an individual is re-incarcerated due to the revocation of bond or probation, a new inmate processing fee shall be assessed.
The inmate processing fee shall be assessed each occasion that the inmate is processed into the Detention Center and shall be collected before the inmate is released from the Detention Center. The fee may be deducted from the inmate’s commissary account if sufficient funds are available.
In the event that an inmate does not have sufficient funds to pay the inmate processing fee at the time of his or her release from the Detention Center, the Sheriff may defer collection of the fee to a later date. In the event that an individual is returned to confinement in the Detention Center for any reason, the Sheriff may collect previously assessed and unpaid inmate processing fees in addition to the assessment and collection of inmate processing fees relating to the subsequent incarceration of the individual.
C. Refund of Collected Fees. An inmate processing fee that has been collected shall be refunded if any of the following events occurs: (1) the Court appoints a public defender to defend the inmate on the charges for which the inmate is held; (2) the individual is found not guilty of the charges for which he or she was incarcerated; (3) the charges are dismissed by the Prosecuting Attorney; or (4) the Sheriff in his or her discretion determines the fee was not properly assessed.
The Sheriff has no obligation to initiate the refund process if no request for a refund is made in writing by the person who was assed the inmate processing fee.
Refund requests received by the Sheriff shall be processed in accordance with the procedures governing the Jasper County claims process and shall be accompanied with a court order or similar reliable proof showing that a refund is warranted.
D. Fund Established. The Board of Commissioners determines that a need exists for the creation of an inmate processing fund for the deposit of all monies received by the Jasper County Sheriff’s Department for the inmate processing fee. The fund created shall be titled the inmate processing fee fund. The fund shall be subject to appropriation by the Jasper County Council.
E. Use of Funds. Expenditures of monies from the inmate processing fee fund may be made only for purposes reasonably related to the department responsible for the processing of inmates in and out of the Jasper County Detention Center and for the benefit of inmates who are processed in and out of the Jasper County Detention Center. Permissible purposes include but are not limited to (1) inmate education and counseling; and (2) equipment, education, and training for the Jasper County Detention Center corrections officers and staff.
F. Perpetual Fund. The inmate processing fee fund shall remain in existence and remain perpetual in its terms until amended or terminated by subsequent ordinance enacted by the Board of Commissioners. In the event that such ordinance is enacted to terminate the inmate processing fee fund, the balance shall be transferred to the Jasper County general fund unless otherwise provided by the ordinance terminating the fund. [Ord. 6-3-19A § 1.]