Indiana § 33-40-6-5 - Commission; amount of reimbursement for indigent defense services; disbursement

§ 33-40-6-5. Commission; amount of reimbursement for indigent defense services; disbursement

Sec. 5. (a) As used in this section, "commission" means the Indiana commission on court appointed attorneys established by IC 33-40-5-2.

(b) Except as provided under section 6 of this chapter, upon certification by a county auditor and a determination by the commission that the request is in compliance with the guidelines and standards set by the commission, the commission shall quarterly authorize an amount of reimbursement due the county or multicounty public defender's office:

(1) that is equal to fifty percent (50%) of the county's or multicounty public defender's office's certified expenditures for indigent defense services provided for a defendant against whom the death sentence is sought under IC 35-50-2-9; and

(2) except as provided in subsection (c), that is equal to forty percent (40%) of the county's or multicounty public defender's office's certified expenditures for defense services provided in noncapital cases except misdemeanors.

The commission shall then certify to the state comptroller the amount of reimbursement owed to a county or multicounty public defender's office under this chapter.

(c) This subsection applies to a county that is one (1) of up to twelve (12) counties that shall be selected by the commission based on population and geographic diversity. Upon certification by a county auditor and a determination by the commission that the request is in compliance with the guidelines and standards set by the commission, the commission may quarterly authorize an amount of reimbursement due the county or multicounty public defender's office that is up to forty percent (40%) of the county's or multicounty public defender's office's certified expenditures for defense services provided in misdemeanor cases. This subsection expires June 30, 2029.

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

(e) Upon receiving certification from the commission, the state comptroller shall issue a warrant to the treasurer of state for disbursement to the county or multicounty public defender's office of the amount certified.

(f) The commission shall include in its report under IC 33-40-5-4(a)(5) information regarding requested reimbursements and amounts certified for reimbursements to each county or multicounty public defender's office under subsections (b) and (c).

[Pre-2004 Recodification Citation: 33-9-14-5.]

As added by P.L.98-2004, SEC.19. Amended by P.L.161-2018, SEC.106; P.L.69-2019, SEC.3; P.L.9-2024, SEC.522; P.L.111-2024, SEC.10; P.L.1-2025, SEC.225.