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Indiana Senate Bill SB0308

Indiana 2022 Regular Session

Indiana Senate Bill SB0308 Compare Versions

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1-*SB0308.1*
2-January 21, 2022
1+
2+Introduced Version
33 SENATE BILL No. 308
44 _____
5-DIGEST OF SB 308 (Updated January 18, 2022 1:59 pm - DI 106)
5+DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 33-40.
77 Synopsis: Reimbursement for public defender services. Provides that
88 the public defender commission may reimburse a county up to 40% of
99 the county's expenditures for indigent defense services provided in
1010 misdemeanor cases, up to 80% of a multicounty public defender's
1111 office's expenditures for indigent defense services in noncapital cases,
1212 and up to 80% of expenditures for indigent defense services provided
1313 for counsel at first appearance by a county or multicounty office.
14-Specifies that that the commission may not certify misdemeanor
15-expenses unless at least 50% of those expenses are to reimburse for
16-services provided by private attorneys. Provides that the public
17-defender commission shall appoint one member to certain county
18-public defender boards. Changes population parameters to reflect the
19-population count determined under the 2020 decennial census. Makes
20-conforming amendments.
21-Effective: July 1, 2022; July 1, 2023.
22-Glick, Young M, Taylor G, Ford Jon
14+Effective: July 1, 2023.
15+Glick, Young M, Taylor G
2316 January 11, 2022, read first time and referred to Committee on Corrections and Criminal
2417 Law.
25-January 20, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
26-Appropriations.
27-SB 308—LS 7070/DI 149 January 21, 2022
18+2022 IN 308—LS 7070/DI 149 Introduced
2819 Second Regular Session of the 122nd General Assembly (2022)
2920 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3021 Constitution) is being amended, the text of the existing provision will appear in this style type,
3122 additions will appear in this style type, and deletions will appear in this style type.
3223 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3324 provision adopted), the text of the new provision will appear in this style type. Also, the
3425 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3526 a new provision to the Indiana Code or the Indiana Constitution.
3627 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3728 between statutes enacted by the 2021 Regular Session of the General Assembly.
3829 SENATE BILL No. 308
3930 A BILL FOR AN ACT to amend the Indiana Code concerning
4031 courts and court officers.
4132 Be it enacted by the General Assembly of the State of Indiana:
4233 1 SECTION 1. IC 33-40-6-4, AS AMENDED BY P.L.69-2019,
4334 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4435 3 JULY 1, 2023]: Sec. 4. (a) For purposes of this section, the term
4536 4 "county auditor" includes a person who:
4637 5 (1) is the auditor of a county that is a member of a multicounty
4738 6 public defender's office; and
4839 7 (2) is responsible for the receipt, disbursement, and accounting of
4940 8 all monies distributed to the multicounty public defender's office.
5041 9 (b) A county auditor may submit on a quarterly basis a certified
5142 10 request to the public defender commission for reimbursement from the
5243 11 public defense fund for an amount equal to fifty percent (50%) of the
5344 12 county's or multicounty public defender's office's expenditures for
5445 13 indigent defense services provided to a defendant against whom the
5546 14 death sentence is sought under IC 35-50-2-9.
5647 15 (c) A county auditor may submit on a quarterly basis a certified
5748 16 request to the public defender commission for reimbursement from the
5849 17 public defense fund for an amount equal to not more than:
59-SB 308—LS 7070/DI 149 2
50+2022 IN 308—LS 7070/DI 149 2
6051 1 (1) forty percent (40%) of the county's or multicounty public
6152 2 defender's office's expenditures for indigent defense services
6253 3 provided in all noncapital cases; except misdemeanors.
6354 4 (2) eighty percent (80%) of the multicounty public defender's
6455 5 office's expenditures for indigent defense services provided in
6556 6 all noncapital cases; and
6657 7 (3) eighty percent (80%) of the county's or multicounty public
6758 8 defender's office's expenditures for indigent defense services
6859 9 provided for counsel at first appearance.
6960 10 (d) A request under this section from a county described in
70-11 IC 33-40-7-1(3) IC 33-40-7-1(a)(3) may be limited to expenditures for
71-12 indigent defense services provided by a particular division of a court.
61+11 IC 33-40-7-1(3) may be limited to expenditures for indigent defense
62+12 services provided by a particular division of a court.
7263 13 SECTION 2. IC 33-40-6-5, AS AMENDED BY P.L.69-2019,
7364 14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7465 15 JULY 1, 2023]: Sec. 5. (a) As used in this section, "commission"
7566 16 means the Indiana public defender commission established by
7667 17 IC 33-40-5-2.
7768 18 (b) Except as provided under section 6 of this chapter, upon
7869 19 certification by a county auditor and a determination by the
7970 20 commission that the request is in compliance with the guidelines and
8071 21 standards set by the commission, the commission:
8172 22 (1) shall quarterly authorize an amount of reimbursement due the
8273 23 county or multicounty public defender's office (1) that is equal to:
8374 24 (A) fifty percent (50%) of the county's or multicounty public
8475 25 defender's office's certified expenditures for indigent defense
8576 26 services provided for a defendant against whom the death
8677 27 sentence is sought under IC 35-50-2-9; and
8778 28 (2) (B) that is equal to forty percent (40%) of the county's or
8879 29 multicounty public defender's office's certified expenditures
8980 30 for indigent defense services provided in noncapital cases
9081 31 except misdemeanors; and
9182 32 (2) may quarterly authorize an amount of reimbursement due
9283 33 the county or multicounty public defender's office that is not
9384 34 more than:
9485 35 (A) forty percent (40%) of the county's expenditures for
9586 36 indigent defense services provided in misdemeanor cases;
9687 37 (B) eighty percent (80%) of the multicounty public
9788 38 defender's office's expenditures for indigent defense
9889 39 services provided in all noncapital cases; and
9990 40 (C) eighty percent (80%) of the county's or multicounty
10091 41 public defender's office's expenditures for indigent defense
10192 42 services provided for counsel at first appearance.
102-SB 308—LS 7070/DI 149 3
93+2022 IN 308—LS 7070/DI 149 3
10394 1 The commission shall then certify to the auditor of state the amount of
10495 2 reimbursement owed to a county or multicounty public defender's
105-3 office under this chapter. The commission may not certify
106-4 misdemeanor expenses of a county or multicounty public
107-5 defender's office unless at least fifty percent (50%) of those
108-6 expenses are to reimburse for services provided by contract or
109-7 hourly attorneys.
110-8 (c) Upon receiving certification from the commission, the auditor of
111-9 state shall issue a warrant to the treasurer of state for disbursement to
112-10 the county or multicounty public defender's office of the amount
113-11 certified.
114-12 SECTION 3. IC 33-40-7-1, AS AMENDED BY P.L.13-2013,
115-13 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116-14 JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to a county that:
117-15 the following counties:
118-16 (1) contains a consolidated city; Marion County.
119-17 (2) A county has having a population of
120-18 (A) more than three hundred thousand (300,000) but less than
121-19 four hundred thousand (400,000); three hundred fifty
122-20 thousand (350,000) and less than four hundred thousand
123-21 (400,000).
124-22 (B) more than two hundred fifty thousand (250,000) but less
125-23 than two hundred seventy thousand (270,000); or
126-24 (C) more than one hundred seventy-five thousand (175,000)
127-25 but less than one hundred eighty-five thousand (185,000); or
128-26 (3) A county having a population of more than two hundred
129-27 fifty thousand (250,000) and less than three hundred thousand
130-28 (300,000).
131-29 (4) A county having a population of more than one hundred
132-30 eighty thousand (180,000) and less than one hundred
133-31 eighty-five thousand (185,000).
134-32 (3) has (5) A county having a population of more than four
135-33 hundred thousand (400,000) but and less than seven hundred
136-34 thousand (700,000), except as provided in sections 5 and 11 of
137-35 this chapter.
138-36 (b) Section 3.3 of this chapter applies to a county described in
139-37 subsection (a).
140-38 SECTION 4. IC 33-40-7-3.3 IS ADDED TO THE INDIANA CODE
141-39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
142-40 1, 2022]: Sec. 3.3. The Indiana public defender commission shall
143-41 appoint one (1) member of the county public defender board of:
144-42 (1) Marion County;
145-SB 308—LS 7070/DI 149 4
146-1 (2) a county that has a population of:
147-2 (A) more than three hundred fifty thousand (350,000) and
148-3 less than four hundred thousand (400,000);
149-4 (B) more than two hundred fifty thousand (250,000) and
150-5 less than three hundred thousand (300,000); or
151-6 (C) more than one hundred eighty thousand (180,000) and
152-7 less than one hundred eighty-five thousand (185,000); or
153-8 (3) has a population of more than four hundred thousand
154-9 (400,000) and less than seven hundred thousand (700,000).
155-10 The member appointed by the public defender commission must be
156-11 a resident of the county or region managing the public defender's
157-12 office.
158-13 SECTION 5. IC 33-40-7-5, AS AMENDED BY P.L.69-2019,
159-14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160-15 JULY 1, 2023]: Sec. 5. (a) The board, or joint board of a multicounty
161-16 public defender's office created under section 3.5 of this chapter, shall
162-17 prepare a comprehensive plan that must include at least one (1) of the
163-18 following methods of providing legal defense services to indigent
164-19 persons:
165-20 (1) Establishing a county or multicounty public defender's office.
166-21 (2) Contracting with an attorney, a group of attorneys, or a private
167-22 organization.
168-23 (3) Using an assigned counsel system of panel attorneys for case
169-24 by case appointments under section 9 of this chapter.
170-25 (4) In a county described in section 1(3) section 1(a)(3) of this
171-26 chapter, establishing a public defender's office for the criminal
172-27 division of the superior court.
173-28 (b) The plan prepared under subsection (a) shall be submitted to the
174-29 Indiana public defender commission.
175-30 (c) If a multicounty public defender's joint board is established
176-31 under section 3.5 of this chapter, the comprehensive plan shall
177-32 establish a multicounty public defender's office.
178-33 SECTION 6. IC 33-40-7-11, AS AMENDED BY P.L.69-2019,
179-34 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
180-35 JULY 1, 2023]: Sec. 11. (a) For purposes of this section, the term
181-36 "county auditor" includes a person who:
182-37 (1) is the auditor of a county that is a member of a multicounty
183-38 public defender's office described in section 3.5 of this chapter;
184-39 and
185-40 (2) is responsible for the receipt, disbursement, and accounting of
186-41 all monies distributed to the multicounty public defender's office.
187-42 (b) A county public defender board or the joint board of a
188-SB 308—LS 7070/DI 149 5
189-1 multicounty public defender's office shall submit a written request for
190-2 reimbursement to the county auditor. The request:
191-3 (1) must set forth the total of the county's or multicounty public
192-4 defender's office's expenditures for indigent defense services to
193-5 the county auditor; and
194-6 (2) may be limited in a county described in section 1(3) section
195-7 1(a)(3) of this chapter to expenditures for indigent defense
196-8 services provided by a particular division of a court; and
197-9 (3) must separately identify indigent defense services provided
198-10 for counsel at first appearance and misdemeanor cases.
199-11 The county auditor shall review the request and certify the total of the
200-12 county's or multicounty's multicounty public defender's office's
201-13 expenditures for indigent defense services to the Indiana public
202-14 defender commission.
203-15 (c) Except as provided in subsection (d), upon certification by the
204-16 Indiana public defender commission that the county's multicounty
205-17 public defender's office's indigent defense services meet the
206-18 commission's standards, the auditor of state shall issue a warrant to the
207-19 treasurer of state for disbursement to the county of a sum equal to forty
208-20 percent (40%) of the county's or multicounty public defender's office's
209-21 certified expenditures for indigent defense services provided in
210-22 noncapital cases except counsel at first appearance and
211-23 misdemeanors.
212-24 (d) This subsection applies only to a request for disbursement of
213-25 funds for indigent defense services from a county or multicounty
214-26 public defender's office as described in IC 33-40-6-5(b)(2) upon:
215-27 (1) certification by the public defender commission that the
216-28 county's or multicounty public defender's office's indigent
217-29 defense services meet the commission's standards; and
218-30 (2) approval by the public defender commission of the request
219-31 for disbursement of funds.
220-32 The auditor of state shall issue a warrant to the treasurer of state
221-33 for disbursement to the county or multicounty public defender's
222-34 office for the amount approved by the public defender commission.
223-35 (d) (e) If a county's indigent defense services fail to meet the
224-36 standards adopted by the Indiana public defender commission, the
225-37 public defender commission shall notify the county public defender
226-38 board or the joint board of a multicounty public defender's office and
227-39 the county fiscal body of the failure to comply with the Indiana public
228-40 defender commission's standards. Unless the county or multicounty
229-41 public defender board corrects the deficiencies to comply with the
230-42 standards not more than ninety (90) days after the date of the notice,
231-SB 308—LS 7070/DI 149 6
232-1 the county's or multicounty's eligibility for reimbursement from the
233-2 public defense fund terminates at the close of that fiscal year.
234-SB 308—LS 7070/DI 149 7
235-COMMITTEE REPORT
236-Madam President: The Senate Committee on Corrections and
237-Criminal Law, to which was referred Senate Bill No. 308, has had the
238-same under consideration and begs leave to report the same back to the
239-Senate with the recommendation that said bill be AMENDED as
240-follows:
241-Page 2, line 11, strike "IC 33-40-7-1(3)" and insert
242-"IC 33-40-7-1(a)(3)".
243-Page 3, line 3, after "chapter." insert "The commission may not
244-certify misdemeanor expenses of a county or multicounty public
245-defender's office unless at least fifty percent (50%) of those
246-expenses are to reimburse for services provided by contract or
247-hourly attorneys.".
248-Page 3, between lines 7 and 8, begin a new paragraph and insert:
249-"SECTION 3. IC 33-40-7-1, AS AMENDED BY P.L.13-2013,
250-SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
251-JULY 1, 2023]: Sec. 1. (a) This chapter does not apply to a county that:
252-the following counties:
253-(1) contains a consolidated city; Marion County.
254-(2) A county has having a population of
255-(A) more than three hundred thousand (300,000) but less than
256-four hundred thousand (400,000); three hundred fifty
257-thousand (350,000) and less than four hundred thousand
258-(400,000).
259-(B) more than two hundred fifty thousand (250,000) but less
260-than two hundred seventy thousand (270,000); or
261-(C) more than one hundred seventy-five thousand (175,000)
262-but less than one hundred eighty-five thousand (185,000); or
263-(3) A county having a population of more than two hundred
264-fifty thousand (250,000) and less than three hundred thousand
265-(300,000).
266-(4) A county having a population of more than one hundred
267-eighty thousand (180,000) and less than one hundred
268-eighty-five thousand (185,000).
269-(3) has (5) A county having a population of more than four
270-hundred thousand (400,000) but and less than seven hundred
271-thousand (700,000), except as provided in sections 5 and 11 of
272-this chapter.
273-(b) Section 3.3 of this chapter applies to a county described in
274-subsection (a).
275-SECTION 4. IC 33-40-7-3.3 IS ADDED TO THE INDIANA CODE
276-SB 308—LS 7070/DI 149 8
277-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
278-1, 2022]: Sec. 3.3. The Indiana public defender commission shall
279-appoint one (1) member of the county public defender board of:
280-(1) Marion County;
281-(2) a county that has a population of:
282-(A) more than three hundred fifty thousand (350,000) and
283-less than four hundred thousand (400,000);
284-(B) more than two hundred fifty thousand (250,000) and
285-less than three hundred thousand (300,000); or
286-(C) more than one hundred eighty thousand (180,000) and
287-less than one hundred eighty-five thousand (185,000); or
288-(3) has a population of more than four hundred thousand
289-(400,000) and less than seven hundred thousand (700,000).
290-The member appointed by the public defender commission must be
291-a resident of the county or region managing the public defender's
292-office.
293-SECTION 5. IC 33-40-7-5, AS AMENDED BY P.L.69-2019,
294-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
295-JULY 1, 2023]: Sec. 5. (a) The board, or joint board of a multicounty
296-public defender's office created under section 3.5 of this chapter, shall
297-prepare a comprehensive plan that must include at least one (1) of the
298-following methods of providing legal defense services to indigent
299-persons:
300-(1) Establishing a county or multicounty public defender's office.
301-(2) Contracting with an attorney, a group of attorneys, or a private
302-organization.
303-(3) Using an assigned counsel system of panel attorneys for case
304-by case appointments under section 9 of this chapter.
305-(4) In a county described in section 1(3) section 1(a)(3) of this
306-chapter, establishing a public defender's office for the criminal
307-division of the superior court.
308-(b) The plan prepared under subsection (a) shall be submitted to the
309-Indiana public defender commission.
310-(c) If a multicounty public defender's joint board is established
311-under section 3.5 of this chapter, the comprehensive plan shall
312-establish a multicounty public defender's office.".
313-Page 3, line 23, strike "section 1(3)" and insert "section 1(a)(3)".
314-Renumber all SECTIONS consecutively.
315-and when so amended that said bill do pass and be reassigned to the
316-Senate Committee on Appropriations.
317-SB 308—LS 7070/DI 149 9
318-(Reference is to SB 308 as introduced.)
319-YOUNG M, Chairperson
320-Committee Vote: Yeas 5, Nays 4.
321-SB 308—LS 7070/DI 149
96+3 office under this chapter.
97+4 (c) Upon receiving certification from the commission, the auditor of
98+5 state shall issue a warrant to the treasurer of state for disbursement to
99+6 the county or multicounty public defender's office of the amount
100+7 certified.
101+8 SECTION 3. IC 33-40-7-11, AS AMENDED BY P.L.69-2019,
102+9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
103+10 JULY 1, 2023]: Sec. 11. (a) For purposes of this section, the term
104+11 "county auditor" includes a person who:
105+12 (1) is the auditor of a county that is a member of a multicounty
106+13 public defender's office described in section 3.5 of this chapter;
107+14 and
108+15 (2) is responsible for the receipt, disbursement, and accounting of
109+16 all monies distributed to the multicounty public defender's office.
110+17 (b) A county public defender board or the joint board of a
111+18 multicounty public defender's office shall submit a written request for
112+19 reimbursement to the county auditor. The request:
113+20 (1) must set forth the total of the county's or multicounty public
114+21 defender's office's expenditures for indigent defense services to
115+22 the county auditor; and
116+23 (2) may be limited in a county described in section 1(3) of this
117+24 chapter to expenditures for indigent defense services provided by
118+25 a particular division of a court; and
119+26 (3) must separately identify indigent defense services provided
120+27 for counsel at first appearance and misdemeanor cases.
121+28 The county auditor shall review the request and certify the total of the
122+29 county's or multicounty's multicounty public defender's office's
123+30 expenditures for indigent defense services to the Indiana public
124+31 defender commission.
125+32 (c) Except as provided in subsection (d), upon certification by the
126+33 Indiana public defender commission that the county's multicounty
127+34 public defender's office's indigent defense services meet the
128+35 commission's standards, the auditor of state shall issue a warrant to the
129+36 treasurer of state for disbursement to the county of a sum equal to forty
130+37 percent (40%) of the county's or multicounty public defender's office's
131+38 certified expenditures for indigent defense services provided in
132+39 noncapital cases except counsel at first appearance and
133+40 misdemeanors.
134+41 (d) This subsection applies only to a request for disbursement of
135+42 funds for indigent defense services from a county or multicounty
136+2022 IN 308—LS 7070/DI 149 4
137+1 public defender's office as described in IC 33-40-6-5(b)(2) upon:
138+2 (1) certification by the public defender commission that the
139+3 county's or multicounty public defender's office's indigent
140+4 defense services meet the commission's standards; and
141+5 (2) approval by the public defender commission of the request
142+6 for disbursement of funds.
143+7 The auditor of state shall issue a warrant to the treasurer of state
144+8 for disbursement to the county or multicounty public defender's
145+9 office for the amount approved by the public defender commission.
146+10 (d) (e) If a county's indigent defense services fail to meet the
147+11 standards adopted by the Indiana public defender commission, the
148+12 public defender commission shall notify the county public defender
149+13 board or the joint board of a multicounty public defender's office and
150+14 the county fiscal body of the failure to comply with the Indiana public
151+15 defender commission's standards. Unless the county or multicounty
152+16 public defender board corrects the deficiencies to comply with the
153+17 standards not more than ninety (90) days after the date of the notice,
154+18 the county's or multicounty's eligibility for reimbursement from the
155+19 public defense fund terminates at the close of that fiscal year.
156+2022 IN 308—LS 7070/DI 149