S.E.A. 179, P.L. 111
Effective: §4 effective March 13, 2024; remainder effective July 1, 2024
- Section 4 requires the justice reinvestment advisory council (council) to conduct a study on criminal indigency determinations by all Indiana trial courts. Requires the council to submit a report containing recommendations on specified topics to the legislative council before July 1, 2025.
- Changes the name of the Indiana public defender commission to the Indiana commission on court appointed attorneys (commission).
- Provides that from July 1, 2025, through June 30, 2029, certain counties may be reimbursed for 40% of indigent defense services provided for misdemeanors in a superior or circuit court. (Current law excludes misdemeanors from reimbursement.)
- Requires the commission to submit a report to the legislative council and the budget committee not later than December 1, 2029, concerning the 40% reimbursement for indigent defense services provided for misdemeanors.
- Requires each clerk of the court to make an annual report to the 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: (1) receiving additional appropriations from the general assembly for misdemeanor reimbursement; or (2) reimbursing certain counties for misdemeanor reimbursement; before July 1, 2029.
- Provides that each court in certain counties receiving reimbursement from the public defense fund for a misdemeanor pilot 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.
- Specifies that such courts shall review or designate a staff member to review the form submitted to ensure accuracy of the information contained in the form. Allows such a court to request any additional information needed from the person to verify the accuracy of the information submitted in the form.
Read the bill at: https://iga.in.gov/legislative/2024/bills/senate/179