Indiana § 35-33-7-6 - Indigent defendant; assignment of counsel; ability to pay; transfer of fees

§ 35-33-7-6. Indigent defendant; assignment of counsel; ability to pay; transfer of fees

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027.

Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the judicial officer shall assign counsel to the person.

(b) If jurisdiction over an indigent defendant is transferred to another court, the receiving court shall assign counsel immediately upon acquiring jurisdiction over the defendant.

(c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:

(1) For a felony action, a fee of two hundred dollars ($200).

(2) For a misdemeanor action, a fee of one hundred dollars ($100).

(d) If the court orders the person to pay an amount described in subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether the person has paid the required amount.

(e) The clerk of the court shall deposit the first one hundred dollars ($100) in a felony case and the first fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) in the county's supplemental public defender services fund established by IC 33-40-3-1.

(f) The clerk of the court shall transfer the remaining one hundred dollars ($100) in a felony case and the remaining fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) to the state comptroller for deposit in the public defense fund established by IC 33-40-6-1.

(g) The court may review the finding of indigency at any time during the proceedings if:

(1) the court receives evidence of a material change in the person's income or assets; or

(2) the person has failed to provide the court with sufficient evidence, including documentary evidence, to sustain the court's initial indigency determination.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1; P.L.111-2024, SEC.16.

IC 35-33-7-6Indigent defendant; assignment of counsel; ability to pay; transfer of fees Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027.

Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the judicial officer shall assign counsel to the person.

(b) If jurisdiction over an indigent defendant is transferred to another court, the receiving court shall assign counsel immediately upon acquiring jurisdiction over the defendant.

(c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following:

(1) For a felony action, a fee of two hundred dollars ($200).

(2) For a misdemeanor action, a fee of one hundred dollars ($100).

However, a court may order a person to pay the fees described in this subsection without an indigency hearing if the person has paid a cash bond and executed an agreement under IC 35-33-8-3.2 allowing the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution.

(d) If the court orders the person to pay an amount described in subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether the person has paid the required amount.

(e) The clerk of the court shall deposit the first one hundred dollars ($100) in a felony case and the first fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) in the county's supplemental public defender services fund established by IC 33-40-3-1.

(f) The clerk of the court shall transfer the remaining one hundred dollars ($100) in a felony case and the remaining fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) to the state comptroller for deposit in the public defense fund established by IC 33-40-6-1.

(g) The court may review the finding of indigency at any time during the proceedings if:

(1) the court receives evidence of a material change in the person's income or assets; or

(2) the person has failed to provide the court with sufficient evidence, including documentary evidence, to sustain the court's initial indigency determination.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1; P.L.111-2024, SEC.16; P.L.64-2026, SEC.1.