Indiana § 33-40-6-4 - Certified request for reimbursement for indigent defense services

§ 33-40-6-4. Certified request for reimbursement for indigent defense services

Sec. 4. (a) For purposes of this section, the term "county auditor" includes a person who:

(1) is the auditor of a county that is a member of a multicounty public defender's office; and

(2) is responsible for the receipt, disbursement, and accounting of all monies distributed to the multicounty public defender's office.

(b) A county auditor may submit on a quarterly basis a certified request to the Indiana commission on court appointed attorneys for reimbursement from the public defense fund for an amount equal to fifty percent (50%) of the county's expenditures for indigent defense services provided to a defendant against whom the death sentence is sought under IC 35-50-2-9.

(c) Except as provided in subsection (d), a county auditor may submit on a quarterly basis a certified request to the Indiana commission on court appointed attorneys for reimbursement from the public defense fund for an amount equal to forty percent (40%) of the county's or multicounty public defender's office's expenditures for indigent defense services provided in all noncapital cases except misdemeanors.

(d) This subsection applies to a county that is one (1) of up to twelve (12) counties that shall be selected by the Indiana commission on court appointed attorneys based on population and geographic diversity. A county auditor may submit on a quarterly basis a certified request to the Indiana commission on court appointed attorneys for reimbursement from the public defense fund for an amount that is up to forty percent (40%) of the county's or multicounty public defender's office's expenditures for indigent defense services provided in misdemeanor cases. This subsection expires June 30, 2029.

(e) The Indiana commission on court appointed attorneys may substitute a county described in subsection (d) with a county with similar population and geographic characteristics if the county described in subsection (d) declines to participate in the misdemeanor reimbursement. If a county is substituted under this subsection, the Indiana commission on court appointed attorneys shall publish on its website the replacement county.

(f) A request under this section from a county described in IC 33-40-7-1(5) may be limited to expenditures for indigent defense services provided by a particular division of a court.

(g) A county auditor shall submit quarterly to the Indiana commission on court appointed attorneys information to be included in the report under IC 33-40-5-4(a)(5) regarding reimbursements requested and received from the public defense fund for the county's expenditures for indigent defense services provided under subsections (b), (c), and (d).

[Pre-2004 Recodification Citation: 33-9-14-4.]

As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.2; P.L.104-2022, SEC.137; P.L.111-2024, SEC.9.