The Senate Appropriations Committee heard SB 179 on commission on court appointed attorneys authored by Sen. Koch and Sen. Linda Brown. The bill:
- Changes the name of the Indiana Public Defender Commission to the Indiana Commission on Court Appointed Attorneys.
- Allows a county to be reimbursed for 40% of indigent defense services provided for misdemeanors.
- Creates a pilot that through June 30, 2029, Adams County, Allen County, Clark County, DeKalb County, Hendricks County, Lawrence County, and Pulaski County may be reimbursed for 100% of indigent defense services provided for misdemeanors.
- Requires the Indiana Public Defender Commission to submit a report to the legislative council and the budget committee not later than December 1, 2029, concerning the 100% reimbursement for indigent defense services provided for misdemeanors.
- Requires each clerk of the court to make an annual report to the Indiana Public Defender Commission concerning certain fees.
- Changes the distribution of fees for indigent defendant representation.
- Increases certain fees if a court finds a person is able to pay the cost of representation by counsel.
- Prohibits the commission from receiving additional appropriations from the general assembly for misdemeanor reimbursement or reimbursing certain counties for misdemeanor reimbursement before July 1, 2029.
Sen. Freeman proposed an amendment, taken by consent, that the Office of Judicial Administration make available a uniform form to assist a court in making an indigency determination, which would need to be reviewed by someone who works for the court. The amendment also requires the Justice Reinvestment Advisory Council to conduct a study on criminal indigency determinations by all Indiana trial courts and submit a report before July 1, 2025. The amendment was taken by consent.
The Indiana Public Defender Commission testified in favor of the bill and the amendment. The amended bill passed 11-0.
Read the bill at: https://iga.in.gov/legislative/2024/bills/senate/179