Introduced Version
SENATE BILL No. 308
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-40.
Synopsis: Reimbursement for public defender services. Provides that
the public defender commission may reimburse a county up to 40% of
the county's expenditures for indigent defense services provided in
misdemeanor cases, up to 80% of a multicounty public defender's
office's expenditures for indigent defense services in noncapital cases,
and up to 80% of expenditures for indigent defense services provided
for counsel at first appearance by a county or multicounty office.
Effective: July 1, 2023.
Glick, Young M, Taylor G
January 11, 2022, read first time and referred to Committee on Corrections and Criminal
Law.
2022 IN 308—LS 7070/DI 149 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 308
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 33-40-6-4, AS AMENDED BY P.L.69-2019,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]: Sec. 4. (a) For purposes of this section, the term
4 "county auditor" includes a person who:
5 (1) is the auditor of a county that is a member of a multicounty
6 public defender's office; and
7 (2) is responsible for the receipt, disbursement, and accounting of
8 all monies distributed to the multicounty public defender's office.
9 (b) A county auditor may submit on a quarterly basis a certified
10 request to the public defender commission for reimbursement from the
11 public defense fund for an amount equal to fifty percent (50%) of the
12 county's or multicounty public defender's office's expenditures for
13 indigent defense services provided to a defendant against whom the
14 death sentence is sought under IC 35-50-2-9.
15 (c) A county auditor may submit on a quarterly basis a certified
16 request to the public defender commission for reimbursement from the
17 public defense fund for an amount equal to not more than:
2022 IN 308—LS 7070/DI 149 2
1 (1) forty percent (40%) of the county's or multicounty public
2 defender's office's expenditures for indigent defense services
3 provided in all noncapital cases; except misdemeanors.
4 (2) eighty percent (80%) of the multicounty public defender's
5 office's expenditures for indigent defense services provided in
6 all noncapital cases; and
7 (3) eighty percent (80%) of the county's or multicounty public
8 defender's office's expenditures for indigent defense services
9 provided for counsel at first appearance.
10 (d) A request under this section from a county described in
11 IC 33-40-7-1(3) may be limited to expenditures for indigent defense
12 services provided by a particular division of a court.
13 SECTION 2. IC 33-40-6-5, AS AMENDED BY P.L.69-2019,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2023]: Sec. 5. (a) As used in this section, "commission"
16 means the Indiana public defender commission established by
17 IC 33-40-5-2.
18 (b) Except as provided under section 6 of this chapter, upon
19 certification by a county auditor and a determination by the
20 commission that the request is in compliance with the guidelines and
21 standards set by the commission, the commission:
22 (1) shall quarterly authorize an amount of reimbursement due the
23 county or multicounty public defender's office (1) that is equal to:
24 (A) fifty percent (50%) of the county's or multicounty public
25 defender's office's certified expenditures for indigent defense
26 services provided for a defendant against whom the death
27 sentence is sought under IC 35-50-2-9; and
28 (2) (B) that is equal to forty percent (40%) of the county's or
29 multicounty public defender's office's certified expenditures
30 for indigent defense services provided in noncapital cases
31 except misdemeanors; and
32 (2) may quarterly authorize an amount of reimbursement due
33 the county or multicounty public defender's office that is not
34 more than:
35 (A) forty percent (40%) of the county's expenditures for
36 indigent defense services provided in misdemeanor cases;
37 (B) eighty percent (80%) of the multicounty public
38 defender's office's expenditures for indigent defense
39 services provided in all noncapital cases; and
40 (C) eighty percent (80%) of the county's or multicounty
41 public defender's office's expenditures for indigent defense
42 services provided for counsel at first appearance.
2022 IN 308—LS 7070/DI 149 3
1 The commission shall then certify to the auditor of state the amount of
2 reimbursement owed to a county or multicounty public defender's
3 office under this chapter.
4 (c) Upon receiving certification from the commission, the auditor of
5 state shall issue a warrant to the treasurer of state for disbursement to
6 the county or multicounty public defender's office of the amount
7 certified.
8 SECTION 3. IC 33-40-7-11, AS AMENDED BY P.L.69-2019,
9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2023]: Sec. 11. (a) For purposes of this section, the term
11 "county auditor" includes a person who:
12 (1) is the auditor of a county that is a member of a multicounty
13 public defender's office described in section 3.5 of this chapter;
14 and
15 (2) is responsible for the receipt, disbursement, and accounting of
16 all monies distributed to the multicounty public defender's office.
17 (b) A county public defender board or the joint board of a
18 multicounty public defender's office shall submit a written request for
19 reimbursement to the county auditor. The request:
20 (1) must set forth the total of the county's or multicounty public
21 defender's office's expenditures for indigent defense services to
22 the county auditor; and
23 (2) may be limited in a county described in section 1(3) of this
24 chapter to expenditures for indigent defense services provided by
25 a particular division of a court; and
26 (3) must separately identify indigent defense services provided
27 for counsel at first appearance and misdemeanor cases.
28 The county auditor shall review the request and certify the total of the
29 county's or multicounty's multicounty public defender's office's
30 expenditures for indigent defense services to the Indiana public
31 defender commission.
32 (c) Except as provided in subsection (d), upon certification by the
33 Indiana public defender commission that the county's multicounty
34 public defender's office's indigent defense services meet the
35 commission's standards, the auditor of state shall issue a warrant to the
36 treasurer of state for disbursement to the county of a sum equal to forty
37 percent (40%) of the county's or multicounty public defender's office's
38 certified expenditures for indigent defense services provided in
39 noncapital cases except counsel at first appearance and
40 misdemeanors.
41 (d) This subsection applies only to a request for disbursement of
42 funds for indigent defense services from a county or multicounty
2022 IN 308—LS 7070/DI 149 4
1 public defender's office as described in IC 33-40-6-5(b)(2) upon:
2 (1) certification by the public defender commission that the
3 county's or multicounty public defender's office's indigent
4 defense services meet the commission's standards; and
5 (2) approval by the public defender commission of the request
6 for disbursement of funds.
7 The auditor of state shall issue a warrant to the treasurer of state
8 for disbursement to the county or multicounty public defender's
9 office for the amount approved by the public defender commission.
10 (d) (e) If a county's indigent defense services fail to meet the
11 standards adopted by the Indiana public defender commission, the
12 public defender commission shall notify the county public defender
13 board or the joint board of a multicounty public defender's office and
14 the county fiscal body of the failure to comply with the Indiana public
15 defender commission's standards. Unless the county or multicounty
16 public defender board corrects the deficiencies to comply with the
17 standards not more than ninety (90) days after the date of the notice,
18 the county's or multicounty's eligibility for reimbursement from the
19 public defense fund terminates at the close of that fiscal year.
2022 IN 308—LS 7070/DI 149