LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7070 NOTE PREPARED: Jan 8, 2022
BILL NUMBER: SB 308 BILL AMENDED:
SUBJECT: Reimbursement for Public Defender Services.
FIRST AUTHOR: Sen. Glick BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill 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 multi-county 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 multi-county office.
Effective Date: July 1, 2023.
Explanation of State Expenditures: The bill is estimated to increase state expenditures from the Public
Defense Fund by at least $9.5 M annually beginning in FY 2024. This estimate will depend on the amount
of reimbursement for commission counties and the potential reimbursement of multi-county public defender
offices.
The bill provides that certified counties may begin requesting reimbursement for misdemeanor and counsel
at first appearance services. A county auditor may request reimbursement of an amount equal to 40% of the
county’s expenditures for indigent defense services or 80% of the county’s or multi-county public defender’s
office’s expenditures for indigent defense services provided for counsel at first appearance. It also allows
multi-county public defender offices to request up to 80% of reimbursement for indigent defense services
provided in all noncapital cases.
Currently, there are 66 counties that receive reimbursements. There are no multi-county public defender
offices around the state. State expenditures may increase as more counties become eligible for
reimbursement. There are 42 counties that provide counsel at first appearance.
SB 308 1 Under current statute (IC 33-40-6-6), if the balance in the Public Defense Fund is not adequate to fully
reimburse all certified claims in noncapital cases, the Public Defender Commission shall prorate
reimbursement of certified claims in noncapital cases.
Additional Information - The Public Defense Fund is a dedicated fund that receives a statutory transfer of
$7.4 M annually (IC 33-37-7-9) and General Fund appropriations. The following reimbursements to counties
for both capital and noncapital cases are provided in the following table.
Public Defense Fund Transfers and Appropriations
And Reimbursements to Counties by Fiscal Year (in Millions)
20172018201920202021
General Fund Appropriations$14.8$18.3$18.3$22.8$22.8
Statutory Transfer $7.4$7.4$7.4$7.4$7.4
Total: $22.2$25.7$25.7$30.2$30.2
Reimbursement to Counties$23.3$25.9$27.9$29.0$29.9
# of Participating Counties*58 62 62 63 66
Counties are eligible for reimbursement from the Public Defense Fund when they establish a public defender
board and adopt a comprehensive plan for indigent defense services. This plan includes applicable rules and
procedures for determining eligibility for services; policies and procedures for ordering indigent persons in
criminal cases to pay some or all of the costs of defense service; and appointment and compensation,
appropriate caseloads, training, and professional development for attorneys.
Explanation of State Revenues:
Explanation of Local Expenditures: Counties would receive additional reimbursements from the Public
Defense Fund. It could also reduce county expenditures to the extent counties merge public defender offices,
thereby reducing costs for separate systems and increasing potential reimbursement. (See Explanation of
State Expenditures).
The bill also requires certified counties or multi-county public defender’s offices to submit a written request
separately on indigent defense services provided for counsel at first appearance and misdemeanor cases to
the county auditor for reimbursement.
Explanation of Local Revenues:
State Agencies Affected: Public Defender Commission.
Local Agencies Affected: Counties eligible for reimbursement from the Public Defense Fund.
Information Sources: Indiana Public Defender Commission, Funding and Reimbursement History,
https://www.in.gov/publicdefender/funding-and-reimbursement-history/; Interim Study Committee on
Corrections and Criminal Code, October 26, 2021.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 308 2