Indiana § 33-40-5-4 - Duties

§ 33-40-5-4. Duties

Sec. 4. (a) The commission shall do the following:

(1) Make recommendations to the supreme court concerning standards for indigent defense services provided for defendants against whom the state has sought the death sentence under IC 35-50-2-9, including the following:

(A) Determining indigency and eligibility for legal representation.

(B) Selection and qualifications of attorneys to represent indigent defendants at public expense.

(C) Determining conflicts of interest.

(D) Investigative, clerical, and other support services necessary to provide adequate legal representation.

(2) Adopt guidelines and standards for indigent defense services under which the counties will be eligible for reimbursement under IC 33-40-6, including the following:

(A) Determining indigency and the eligibility for legal representation.

(B) The issuance and enforcement of orders requiring the defendant to pay for the costs of court appointed legal representation under IC 33-40-3.

(C) The use and expenditure of funds in the county supplemental public defender services fund established under IC 33-40-3-1.

(D) Qualifications of attorneys to represent indigent defendants at public expense.

(E) Compensation rates for salaried, contractual, and assigned counsel.

(F) Minimum and maximum caseloads of public defender offices and contract attorneys.

(G) Requirements concerning the creation and operation of a multicounty public defender's office created under an interlocal agreement as described in IC 33-40-7-3.5.

(3) Make recommendations concerning the delivery of indigent defense services in Indiana, including the funding and delivery of indigent defense services for juveniles.

(4) Make an annual report to the governor, the general assembly, and the supreme court on the operation of the public defense fund.

(5) Make a report not later than December 1, 2029, to the legislative council and the budget committee concerning the up to forty percent (40%) reimbursement from the public defense fund for indigent defense services for misdemeanor cases under IC 33-40-6-4(d), IC 33-40-6-5(c), and IC 33-40-7-11(d).

(6) On or before July 1, 2031, and July 1 biennially thereafter, the commission shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(A) official action taken; and

(B) actionable items considered;

by the commission during the preceding two (2) years.

(b) The commission must provide data and statistics concerning how the reimbursement has impacted attorney appointment rates, jail population, trial rates, and case outcomes in the report under subsection (a)(5).

(c) The report to the general assembly under subsection (a)(4) and to the legislative council under subsection (a)(5) must be in an electronic format under IC 5-14-6.

(d) The commission shall not:

(1) receive any additional appropriations from the general assembly for misdemeanor reimbursement; or

(2) reimburse a county other than a county described in IC 33-40-6-4(d) for misdemeanor reimbursement;

before July 1, 2029

[Pre-2004 Recodification Citation: 33-9-13-3.]

As added by P.L.98-2004, SEC.19. Amended by P.L.187-2015, SEC.41; P.L.69-2019, SEC.1; P.L.111-2024, SEC.7; P.L.161-2025, SEC.31.