Section 35-33-7-6.5 - Procedure to determine indigency; submission of uniform form; prorated payments(a) In determining whether a person is indigent, the court shall consider the following: (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) Each court in a county receiving reimbursement under IC 33-40-6-5(c) shall require a person claiming indigency to submit a uniform form, prescribed by the office of judicial administration, to assist the court in determining whether the person is indigent. The court shall review or designate a staff member to review the form submitted to ensure the accuracy of the information contained in the form before issuing an indigency determination under this section. The court may request any additional information needed from the person to verify the accuracy of the information submitted in the form.(e) 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.Amended by P.L. 111-2024,SEC. 17, eff. 7/1/2024.Added by P.L. 140-2020,SEC. 2, eff. 7/1/2020.