*ES0179.2*
February 27, 2024
ENGROSSED
SENATE BILL No. 179
_____
DIGEST OF SB 179 (Updated February 27, 2024 3:17 pm - DI 134)
Citations Affected: IC 33-24; IC 33-32; IC 33-38; IC 33-40; IC 35-33.
Synopsis: Commission on court appointed attorneys. Requires the
office of judicial administration to create and make available a uniform
form to assist a court in making an indigency determination. Changes
the name of the Indiana public defender commission to the Indiana
(Continued next page)
Effective: Upon passage; July 1, 2024; July 1, 2025.
Koch, Brown L, Glick, Pol Jr.,
Randolph Lonnie M
(HOUSE SPONSORS — MCNAMARA, STEUERWALD, NEGELE,
HATCHER)
January 9, 2024, read first time and referred to Committee on Judiciary.
January 18, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
January 25, 2024, amended, reported favorably — Do Pass.
January 29, 2024, read second time, ordered engrossed. Engrossed.
January 30, 2024, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Courts and Criminal Code.
February 15, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 27, 2024, amended, reported — Do Pass.
ES 179—LS 6789/DI 107 Digest Continued
commission on court appointed attorneys (commission). Requires, by
January 31 of each year, every clerk of a circuit to provide a report to
the commission on court appointed attorneys concerning the fees the
clerk deposited and transferred for the previous calendar year. Requires
the justice reinvestment advisory council (council) to conduct a study
on criminal indigency determinations by all Indiana trial courts.
Requires the council to submit a report containing recommendations on
specified topics to the legislative council before July 1, 2025.
Establishes a statewide program that allows the commission to
reimburse county misdemeanor public defense expenses at an amount
not to exceed 25% of costs. Provides that the misdemeanor
reimbursement is subject to the commission's available funding, and if
the commission does not have sufficient funds, the misdemeanor
reimbursement fund must be reduced first before reducing
reimbursements for felony public defense expenses. Requires the
commission to make a report not later than December 1, 2029, to the
legislative council and the budget committee concerning the up to 25%
reimbursement from the public defense fund for indigent defense
services for misdemeanor cases. Provides that the commission must
provide data concerning how the reimbursement has impacted attorney
appointment rates, jail population, trial rates, and case outcomes.
Provides that money in the public defense fund may be used to pay the
expenses incurred by the council.
ES 179—LS 6789/DI 107ES 179—LS 6789/DI 107 February 27, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 179
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 33-24-6-3, AS AMENDED BY P.L.205-2023,
2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. (a) The office of judicial administration shall
4 do the following:
5 (1) Examine the administrative and business methods and systems
6 employed in the offices of the clerks of court and other offices
7 related to and serving the courts and make recommendations for
8 necessary improvement.
9 (2) Collect and compile statistical data and other information on
10 the judicial work of the courts in Indiana. All justices of the
11 supreme court, judges of the court of appeals, judges of all trial
12 courts, and any city or town courts, whether having general or
13 special jurisdiction, court clerks, court reporters, and other
14 officers and employees of the courts shall, upon notice by the
15 chief administrative officer and in compliance with procedures
16 prescribed by the chief administrative officer, furnish the chief
17 administrative officer the information as is requested concerning
ES 179—LS 6789/DI 107 2
1 the nature and volume of judicial business. The information must
2 include the following:
3 (A) The volume, condition, and type of business conducted by
4 the courts.
5 (B) The methods of procedure in the courts.
6 (C) The work accomplished by the courts.
7 (D) The receipt and expenditure of public money by and for
8 the operation of the courts.
9 (E) The methods of disposition or termination of cases.
10 (3) Prepare and publish reports, not less than one (1) or more than
11 two (2) times per year, on the nature and volume of judicial work
12 performed by the courts as determined by the information
13 required in subdivision (2).
14 (4) Serve the judicial nominating commission and the judicial
15 qualifications commission in the performance by the commissions
16 of their statutory and constitutional functions.
17 (5) Administer the civil legal aid fund as required by IC 33-24-12.
18 (6) Administer the court technology fund established by section
19 12 of this chapter.
20 (7) By December 31, 2013, develop and implement a standard
21 protocol for sending and receiving court data:
22 (A) between the protective order registry, established by
23 IC 5-2-9-5.5, and county court case management systems;
24 (B) at the option of the county prosecuting attorney, for:
25 (i) a prosecuting attorney's case management system;
26 (ii) a county court case management system; and
27 (iii) a county court case management system developed and
28 operated by the office of judicial administration;
29 to interface with the electronic traffic tickets, as defined by
30 IC 9-30-3-2.5; and
31 (C) between county court case management systems and the
32 case management system developed and operated by the office
33 of judicial administration.
34 The standard protocol developed and implemented under this
35 subdivision shall permit private sector vendors, including vendors
36 providing service to a local system and vendors accessing the
37 system for information, to send and receive court information on
38 an equitable basis and at an equitable cost, and for a case
39 management system developed and operated by the office of
40 judicial administration, must include a searchable field for the
41 name and bail agent license number, if applicable, of the bail
42 agent or a person authorized by the surety that pays bail for an
ES 179—LS 6789/DI 107 3
1 individual as described in IC 35-33-8-3.2.
2 (8) Establish and administer an electronic system for receiving
3 information that relates to certain individuals who may be
4 prohibited from possessing a firearm for the purpose of:
5 (A) transmitting this information to the Federal Bureau of
6 Investigation for inclusion in the NICS; and
7 (B) beginning July 1, 2021, compiling and publishing certain
8 statistics related to the confiscation and retention of firearms
9 as described under section 14 of this chapter.
10 (9) Establish and administer an electronic system for receiving
11 drug related felony conviction information from courts. The office
12 of judicial administration shall notify NPLEx of each drug related
13 felony entered after June 30, 2012, and do the following:
14 (A) Provide NPLEx with the following information:
15 (i) The convicted individual's full name.
16 (ii) The convicted individual's date of birth.
17 (iii) The convicted individual's driver's license number, state
18 personal identification number, or other unique number, if
19 available.
20 (iv) The date the individual was convicted of the felony.
21 Upon receipt of the information from the office of judicial
22 administration, a stop sale alert must be generated through
23 NPLEx for each individual reported under this clause.
24 (B) Notify NPLEx if the felony of an individual reported under
25 clause (A) has been:
26 (i) set aside;
27 (ii) reversed;
28 (iii) expunged; or
29 (iv) vacated.
30 Upon receipt of information under this clause, NPLEx shall
31 remove the stop sale alert issued under clause (A) for the
32 individual.
33 (10) After July 1, 2018, establish and administer an electronic
34 system for receiving from courts felony or misdemeanor
35 conviction information for each felony or misdemeanor described
36 in IC 20-28-5-8(c). The office of judicial administration shall
37 notify the department of education at least one (1) time each week
38 of each felony or misdemeanor described in IC 20-28-5-8(c)
39 entered after July 1, 2018, and do the following:
40 (A) Provide the department of education with the following
41 information:
42 (i) The convicted individual's full name.
ES 179—LS 6789/DI 107 4
1 (ii) The convicted individual's date of birth.
2 (iii) The convicted individual's driver's license number, state
3 personal identification number, or other unique number, if
4 available.
5 (iv) The date the individual was convicted of the felony or
6 misdemeanor.
7 (B) Notify the department of education if the felony or
8 misdemeanor of an individual reported under clause (A) has
9 been:
10 (i) set aside;
11 (ii) reversed; or
12 (iii) vacated.
13 (11) Perform legal and administrative duties for the justices as
14 determined by the justices.
15 (12) Provide staff support for the judicial conference of Indiana
16 established in IC 33-38-9.
17 (13) Work with the United States Department of Veterans Affairs
18 to identify and address the needs of veterans in the court system.
19 (14) If necessary for purposes of IC 35-47-16-1, issue a retired
20 judicial officer an identification card identifying the retired
21 judicial officer as a retired judicial officer.
22 (15) Establish and administer the statewide juvenile justice data
23 aggregation plan established under section 12.5 of this chapter.
24 (16) Create and make available an application for detention to be
25 used in proceedings under IC 12-26-5 (mental health detention,
26 commitment, and treatment).
27 (17) Create and make available a uniform form to assist a
28 court in making an indigency determination under
29 IC 35-33-7-6.5.
30 (b) All forms to be used in gathering data must be approved by the
31 supreme court and shall be distributed to all judges and clerks before
32 the start of each period for which reports are required.
33 (c) The office of judicial administration may adopt rules to
34 implement this section.
35 SECTION 2. IC 33-32-2-11 IS ADDED TO THE INDIANA CODE
36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
37 1, 2024]: Sec. 11. By January 31 of each year, every clerk shall
38 provide a report to the Indiana commission on court appointed
39 attorneys concerning the fees the clerk deposited and transferred
40 under IC 35-33-7-6 for the previous calendar year. The report
41 must include statistics regarding the number of instances in the
42 previous calendar year that the clerk deposited and transferred
ES 179—LS 6789/DI 107 5
1 fees under IC 35-33-7-6.
2 SECTION 3. IC 33-38-9.5-2, AS AMENDED BY P.L.114-2022,
3 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 2. (a) The justice reinvestment advisory council
5 is established. The advisory council consists of the following members:
6 (1) The executive director of the Indiana public defender council
7 or the executive director's designee.
8 (2) The executive director of the Indiana prosecuting attorneys
9 council or the executive director's designee.
10 (3) The director of the division of mental health and addiction or
11 the director's designee.
12 (4) The president of the Indiana Sheriffs' Association or the
13 president's designee.
14 (5) The commissioner of the Indiana department of correction or
15 the commissioner's designee.
16 (6) The chief administrative officer of the office of judicial
17 administration or the chief administrative officer's designee.
18 (7) The executive director of the Indiana criminal justice institute
19 or the executive director's designee.
20 (8) The president of the Indiana Association of Community
21 Corrections Act Counties or the president's designee.
22 (9) The president of the Probation Officers Professional
23 Association of Indiana or the president's designee.
24 (10) The budget director or the budget director's designee.
25 (11) The executive director of the Association of Indiana Counties
26 or the executive director's designee.
27 (12) The president of the Indiana Judges Association or the
28 president's designee.
29 (13) The chair of the Indiana public defender commission on
30 court appointed attorneys or the chair's designee.
31 (14) The chair of the senate corrections and criminal law
32 committee or the chair's designee.
33 (15) The ranking minority member of the senate corrections and
34 criminal law committee or the ranking minority member's
35 designee.
36 (16) The chair of the house courts and criminal code committee
37 or the chair's designee.
38 (17) The ranking minority member of the house courts and
39 criminal code committee or the ranking minority member's
40 designee.
41 (18) The governor or the governor's designee.
42 (19) The president and chief executive officer of the Indiana
ES 179—LS 6789/DI 107 6
1 Council of Community Mental Health Centers or the president
2 and chief executive officer's designee.
3 (20) The president and chief executive officer of Mental Health
4 America of Indiana or the president and chief executive officer's
5 designee.
6 (b) The chief justice or the chief justice's designee shall serve as
7 chairperson of the advisory council.
8 (c) The duties of the advisory council include:
9 (1) reviewing and evaluating state and local criminal justice
10 systems and corrections programs, including pretrial services,
11 behavioral health treatment and recovery services, community
12 corrections, county jails, parole, and probation services;
13 (2) reviewing the processes used by the department of correction
14 and the division of mental health and addiction in awarding
15 grants;
16 (3) reviewing and evaluating jail overcrowding to identify a range
17 of possible solutions;
18 (4) coordinating with other criminal justice funding sources;
19 (5) establishing committees to inform the work of the advisory
20 council; and
21 (6) performing other relevant duties as determined by the advisory
22 council.
23 (d) The advisory council may make recommendations to:
24 (1) the department of correction, community corrections advisory
25 boards, and the division of mental health and addiction
26 concerning the award of grants;
27 (2) criminal justice systems and corrections programs concerning
28 best practices to improve outcomes of persons under supervision;
29 (3) the Indiana general assembly concerning legislation and
30 funding for criminal justice initiatives;
31 (4) the Indiana criminal justice institute concerning criminal
32 justice funding priorities;
33 (5) the office of judicial administration concerning veterans
34 problem-solving problem solving court grants; and
35 (6) the county sheriffs concerning strategies to address jail
36 overcrowding and implementing evidence based practices for
37 reducing recidivism for individuals in county jails.
38 (e) The office of judicial administration shall staff the advisory
39 council.
40 (f) The expenses of the advisory council shall be paid by the office
41 of judicial administration from funds appropriated to the office of
42 judicial administration for the administrative costs of the justice
ES 179—LS 6789/DI 107 7
1 reinvestment advisory council.
2 (g) A member of the advisory council is not entitled to the minimum
3 salary per diem provided by IC 4-10-11-2.1(b). The member is,
4 however, entitled to reimbursement for traveling expenses as provided
5 under IC 4-13-1-4 and other expenses actually incurred in connection
6 with the member's duties as provided in the state policies and
7 procedures established by the Indiana department of administration and
8 approved by the budget agency.
9 (h) The affirmative votes of a majority of the voting members
10 appointed to the advisory council are required for the advisory council
11 to take action on any measure.
12 (i) The advisory council shall meet as necessary to:
13 (1) work with the department of correction and the division of
14 mental health and addiction to establish the grant criteria and
15 grant reporting requirements described in subsection (m);
16 (2) review grant applications;
17 (3) make recommendations and provide feedback to the
18 department of correction and the division of mental health and
19 addiction concerning grants to be awarded;
20 (4) review grants awarded by the department of correction and the
21 division of mental health and addiction; and
22 (5) suggest areas and programs in which the award of future
23 grants might be beneficial.
24 (j) The advisory council, in conjunction with the Indiana criminal
25 justice institute, shall jointly issue an annual report under IC 5-2-6-24.
26 (k) The advisory council shall review the composition of the
27 community corrections advisory board described in IC 11-12-2-2 and
28 make a recommendation to the legislative council in an electronic
29 format under IC 5-14-6 before November 1, 2022, regarding how to
30 reduce the membership of a community corrections advisory board and
31 the recommended membership for a community corrections advisory
32 board.
33 (l) Any entity that receives funds:
34 (1) recommended by the advisory council; and
35 (2) appropriated by the department of correction;
36 for the purpose of providing additional treatment or supervision
37 services shall provide the information described in subsection (m) to
38 the department of correction to aid in the compilation of the report
39 described in subsection (j).
40 (m) The department of correction shall provide the advisory council
41 with the following information:
42 (1) The total number of participants, categorized by level of most
ES 179—LS 6789/DI 107 8
1 serious offense, who were served by the entity through funds
2 described in subsection (l).
3 (2) The percentage of participants, categorized by level of most
4 serious offense, who completed a treatment program, service, or
5 level of supervision.
6 (3) The percentage of participants, categorized by level of most
7 serious offense, who were discharged from a treatment program,
8 service, or level of supervision.
9 (4) The percentage of participants, categorized by level of most
10 serious offense, who:
11 (A) completed a funded treatment program, service, or level of
12 supervision; and
13 (B) were subsequently committed to the department of
14 correction;
15 within twenty-four (24) months after completing the funded
16 treatment program, service, or level of supervision.
17 (5) The percentage of participants, categorized by level of most
18 serious offense, who were:
19 (A) discharged from a funded treatment program, service, or
20 level of supervision; and
21 (B) subsequently committed to the department of correction;
22 within twenty-four (24) months after being discharged from the
23 funded treatment program, service, or level of supervision.
24 (6) The total number of participants who completed a funded
25 treatment program, service, or level of supervision.
26 (7) The total number of participants who:
27 (A) completed a funded treatment program, service, or level of
28 supervision; and
29 (B) were legally employed.
30 (8) Any other information relevant to the funding of the entity as
31 described in subsection (l).
32 SECTION 4. IC 33-38-9.5-2.2 IS ADDED TO THE INDIANA
33 CODE AS A NEW SECTION TO READ AS FOLLOWS
34 [EFFECTIVE UPON PASSAGE]: Sec. 2.2. (a) The advisory council
35 shall conduct a comprehensive survey of all Indiana trial courts
36 that make indigency determinations for the purposes of appointing
37 counsel in criminal cases. The advisory council shall gather, at
38 minimum, the following information from each court:
39 (1) The procedures the court uses to make an indigency
40 determination when appointing counsel in criminal cases.
41 (2) Any procedures used by the court or other county entity,
42 to verify the information provided to the court by a
ES 179—LS 6789/DI 107 9
1 defendant, including income, assets, expenses, and
2 employment status.
3 (3) Any materials, including forms, scales, income thresholds,
4 written policies, or other similar materials that are used in the
5 determination of indigency.
6 (4) Any methodology the court uses to determine the cost to a
7 defendant to retain private counsel in its community for a
8 particular case level or type.
9 (b) The advisory council shall submit a report to the legislative
10 council in an electronic format under IC 5-14-6 before July 1, 2025.
11 The report must make comprehensive recommendations and must
12 include, at a minimum, the following information:
13 (1) A statewide, consistent policy for courts to use when
14 making indigency determinations.
15 (2) A review of the current case law, statutes, and court rules
16 regarding indigency determinations.
17 (3) A review of the statutory duties of any state entity,
18 including the public defender commission, regarding the
19 establishment of standards and guidelines regarding
20 indigency determinations, including any recommendations for
21 statutory changes.
22 (4) The results of the survey conducted under subsection (a).
23 (c) Expenses incurred by the advisory council under this section
24 may be paid from existing appropriations to the public defense
25 fund established by IC 33-40-6-1.
26 (d) This section expires on January 1, 2026.
27 SECTION 5. IC 33-40-5-1 IS AMENDED TO READ AS
28 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
29 chapter, "commission" refers to the Indiana public defender
30 commission on court appointed attorneys established by section 2 of
31 this chapter.
32 SECTION 6. IC 33-40-5-2 IS AMENDED TO READ AS
33 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The Indiana
34 public defender commission on court appointed attorneys is
35 established.
36 (b) The commission is composed of the following eleven (11)
37 members, none of whom may be a law enforcement officer or a court
38 employee:
39 (1) Three (3) members appointed by the governor, with not more
40 than two (2) of these individuals belonging to the same political
41 party.
42 (2) Three (3) members appointed by the chief justice of the
ES 179—LS 6789/DI 107 10
1 supreme court, with not more than two (2) of these individuals
2 belonging to the same political party.
3 (3) One (1) member appointed by the board of trustees of the
4 Indiana criminal justice institute, who is an attorney admitted to
5 practice law in Indiana.
6 (4) Two (2) members of the house of representatives to be
7 appointed by the speaker of the house of representatives. The
8 members appointed under this subdivision may not be from the
9 same political party.
10 (5) Two (2) members of the senate, to be appointed by the
11 president pro tempore of the senate. The members appointed
12 under this subdivision may not be from the same political party.
13 SECTION 7. IC 33-40-5-4, AS AMENDED BY P.L.69-2019,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 4. (a) The commission shall do the following:
16 (1) Make recommendations to the supreme court concerning
17 standards for indigent defense services provided for defendants
18 against whom the state has sought the death sentence under
19 IC 35-50-2-9, including the following:
20 (A) Determining indigency and eligibility for legal
21 representation.
22 (B) Selection and qualifications of attorneys to represent
23 indigent defendants at public expense.
24 (C) Determining conflicts of interest.
25 (D) Investigative, clerical, and other support services
26 necessary to provide adequate legal representation.
27 (2) Adopt guidelines and standards for indigent defense services
28 under which the counties will be eligible for reimbursement under
29 IC 33-40-6, including the following:
30 (A) Determining indigency and the eligibility for legal
31 representation.
32 (B) The issuance and enforcement of orders requiring the
33 defendant to pay for the costs of court appointed legal
34 representation under IC 33-40-3.
35 (C) The use and expenditure of funds in the county
36 supplemental public defender services fund established under
37 IC 33-40-3-1.
38 (D) Qualifications of attorneys to represent indigent
39 defendants at public expense.
40 (E) Compensation rates for salaried, contractual, and assigned
41 counsel.
42 (F) Minimum and maximum caseloads of public defender
ES 179—LS 6789/DI 107 11
1 offices and contract attorneys.
2 (G) Requirements concerning the creation and operation of a
3 multicounty public defender's office created under an
4 interlocal agreement as described in IC 33-40-7-3.5.
5 (3) Make recommendations concerning the delivery of indigent
6 defense services in Indiana, including the funding and delivery of
7 indigent defense services for juveniles.
8 (4) Make an annual report to the governor, the general assembly,
9 and the supreme court on the operation of the public defense fund.
10 (5) Make a report not later than December 1, 2029, to the
11 legislative council and the budget committee concerning the
12 up to twenty-five percent (25%) reimbursement from the
13 public defense fund for indigent defense services for
14 misdemeanor cases under IC 33-40-6-4(d), IC 33-40-6-5(c),
15 and IC 33-40-7-11(d).
16 (b) The commission must provide data and statistics concerning
17 how the reimbursement has impacted attorney appointment rates,
18 jail population, trial rates, and case outcomes in the report under
19 subsection (a)(5).
20 (c) The report to the general assembly under subdivision (4)
21 subsection (a)(4) and to the legislative council under subsection
22 (a)(5) must be in an electronic format under IC 5-14-6.
23 SECTION 8. IC 33-40-6-1, AS AMENDED BY P.L.161-2018,
24 SECTION 105, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2024]: Sec. 1. The public defense fund is
26 established to receive court costs or other revenues for county
27 reimbursement and administrative expenses. The fund shall be
28 administered by the Indiana public defender commission on court
29 appointed attorneys (established by IC 33-40-5-2). Money in the
30 fund may be used to pay the expenses incurred by the justice
31 reinvestment advisory council under IC 33-38-9.5-2.2.
32 SECTION 9. IC 33-40-6-4, AS AMENDED BY P.L.104-2022,
33 SECTION 137, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) For purposes of this section,
35 the term "county auditor" includes a person who:
36 (1) is the auditor of a county that is a member of a multicounty
37 public defender's office; and
38 (2) is responsible for the receipt, disbursement, and accounting of
39 all monies distributed to the multicounty public defender's office.
40 (b) A county auditor may submit on a quarterly basis a certified
41 request to the public defender Indiana commission on court
42 appointed attorneys for reimbursement from the public defense fund
ES 179—LS 6789/DI 107 12
1 for an amount equal to fifty percent (50%) of the county's expenditures
2 for indigent defense services provided to a defendant against whom the
3 death sentence is sought under IC 35-50-2-9.
4 (c) Except as provided in subsection (d), a county auditor may
5 submit on a quarterly basis a certified request to the public defender
6 Indiana commission on court appointed attorneys for reimbursement
7 from the public defense fund for an amount equal to forty percent
8 (40%) of the county's or multicounty public defender's office's
9 expenditures for indigent defense services provided in all noncapital
10 cases. except misdemeanors.
11 (d) A county auditor may submit on a quarterly basis a certified
12 request to the Indiana commission on court appointed attorneys
13 for reimbursement from the public defense fund for an amount
14 that shall not exceed twenty-five percent (25%) of the county's or
15 multicounty public defender's office's expenditures for indigent
16 defense services provided in misdemeanor cases. This subsection
17 expires June 30, 2029.
18 (d) (e) A request under this section from a county described in
19 IC 33-40-7-1(5) may be limited to expenditures for indigent defense
20 services provided by a particular division of a court.
21 (f) A county auditor shall submit quarterly to the Indiana
22 commission on court appointed attorneys information to be
23 included in the report under IC 33-40-5-4(a)(5) regarding
24 reimbursements requested and received from the public defense
25 fund for the county's expenditures for indigent defense services
26 provided under subsections (b), (c), and (d).
27 (g) The misdemeanor reimbursement described in subsection (d)
28 is subject to available funding of the Indiana commission on court
29 appointed attorneys, and if the Indiana commission on court
30 appointed attorneys does not have sufficient funds, the
31 misdemeanor reimbursement must be reduced first before
32 reducing reimbursements for felony public defense expenses.
33 SECTION 10. IC 33-40-6-5, AS AMENDED BY THE
34 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
35 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 5. (a) As used in this section, "commission"
37 means the Indiana public defender commission on court appointed
38 attorneys established by IC 33-40-5-2.
39 (b) Except as provided under section 6 of this chapter, upon
40 certification by a county auditor and a determination by the
41 commission that the request is in compliance with the guidelines and
42 standards set by the commission, the commission shall quarterly
ES 179—LS 6789/DI 107 13
1 authorize an amount of reimbursement due the county or multicounty
2 public defender's office:
3 (1) that is equal to fifty percent (50%) of the county's or
4 multicounty public defender's office's certified expenditures for
5 indigent defense services provided for a defendant against whom
6 the death sentence is sought under IC 35-50-2-9; and
7 (2) except as provided in subsection (c), that is equal to forty
8 percent (40%) of the county's or multicounty public defender's
9 office's certified expenditures for defense services provided in
10 noncapital cases. except misdemeanors.
11 The commission shall then certify to the auditor of state comptroller
12 the amount of reimbursement owed to a county or multicounty public
13 defender's office under this chapter.
14 (c) Upon certification by a county auditor and a determination
15 by the commission that the request is in compliance with the
16 guidelines and standards set by the commission, the commission
17 may quarterly authorize an amount of reimbursement due the
18 county or multicounty public defender's office that shall not exceed
19 twenty-five percent (25%) of the county's or multicounty public
20 defender's office's certified expenditures for defense services
21 provided in misdemeanor cases. This subsection expires June 30,
22 2029.
23 (c) (d) Upon receiving certification from the commission, the
24 auditor of state comptroller shall issue a warrant to the treasurer of
25 state for disbursement to the county or multicounty public defender's
26 office of the amount certified.
27 (e) The commission shall include in its report under
28 IC 33-40-5-4(a)(5) information regarding requested
29 reimbursements and amounts certified for reimbursements to each
30 county or multicounty public defender's office under subsection
31 (b).
32 (f) The misdemeanor reimbursement described in subsection (d)
33 is subject to available funding of the commission, and if the
34 commission does not have sufficient funds, the misdemeanor
35 reimbursement must be reduced first before reducing
36 reimbursements for felony public defense expenses.
37 SECTION 11. IC 33-40-7-3, AS AMENDED BY P.L.69-2019,
38 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 3. (a) A county executive may adopt an ordinance
40 establishing a county public defender board consisting of three (3)
41 members. The county executive shall appoint one (1) member. The
42 judges who exercise felony or juvenile jurisdiction in the county shall
ES 179—LS 6789/DI 107 14
1 appoint by majority vote one (1) member. The Indiana public defender
2 commission on court appointed attorneys shall appoint one (1)
3 member who must be a resident of the county or region managing the
4 public defender's office.
5 (b) The members must be persons who have demonstrated an
6 interest in high quality legal representation for indigent persons.
7 However, a member may not be:
8 (1) a city, town, or county attorney;
9 (2) a law enforcement officer;
10 (3) a judge;
11 (4) a court employee;
12 (5) an attorney who provides representation to indigent persons in
13 the county or region managed by the public defender board;
14 (6) an employee of the department of child services; or
15 (7) an employee of any individuals described in subdivisions (1)
16 through (6).
17 (c) Each member of the board serves a three (3) year term beginning
18 with the date of the member's appointment. A member appointed to fill
19 a vacancy holds office for the remainder of the previous member's
20 term. If a successor has not been appointed by the end of a member's
21 three (3) year term, the member continues in office until the member's
22 successor takes office. In the case of a county public defender board
23 established before July 1, 2019, the appointment by the Indiana public
24 defender commission on court appointed attorneys shall begin upon
25 the first expiration of a current term of a member appointed by the
26 judges who exercise felony or juvenile jurisdiction in the county.
27 (d) The members shall, by a majority vote, elect one (1) member to
28 serve as chairperson.
29 (e) Meetings shall be held at least quarterly and may be held at other
30 times during the year at the call of the:
31 (1) chairperson; or
32 (2) other two (2) members.
33 (f) A county executive may terminate the board by giving at least
34 ninety (90) days written notice to the judges described in subsection
35 (a).
36 SECTION 12. IC 33-40-7-3.5, AS ADDED BY P.L.69-2019,
37 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 3.5. (a) A county executive may adopt an
39 ordinance allowing the county to enter into an interlocal agreement (as
40 described in IC 36-1-7-3) with one (1) or more counties for the purpose
41 of:
42 (1) creating a multicounty public defender's office; and
ES 179—LS 6789/DI 107 15
1 (2) providing legal defense services to indigent persons located in
2 the counties served by the multicounty public defender's office.
3 (b) An agreement described in subsection (a) shall:
4 (1) require any created multicounty public defender's office to be
5 administered by a joint board (as described in
6 IC 36-1-7-3(a)(5)(B)); and
7 (2) delegate, to an auditor of one (1) of the constituent counties
8 comprising the multicounty public defender's office, the duty to
9 receive, disburse, and account for all monies distributed to the
10 multicounty public defender's office.
11 (c) Notwithstanding any guidelines and standards adopted by the
12 Indiana public defender commission on court appointed attorneys
13 under IC 33-40-5-4, the members of a joint board shall be persons who
14 have demonstrated an interest in high quality legal representation for
15 indigent persons.
16 (d) Notwithstanding any other law or provision, a member of the
17 joint board may not be:
18 (1) a city, town, or county attorney;
19 (2) a law enforcement officer;
20 (3) a judge;
21 (4) a court employee;
22 (5) an employee of the department of child services;
23 (6) an attorney who provides representation to indigent persons in
24 one (1) or more of the counties served by the multicounty public
25 defender's office being administered by the joint board; or
26 (7) an employee of any individuals described in subdivisions (1)
27 through (6).
28 (e) Each member of the joint board shall serve a three (3) year term
29 that begins on the date of the member's appointment to the joint board.
30 (f) A member appointed to the joint board for the purpose of filling
31 a vacancy shall serve a term limited to the duration of the previous
32 member's term.
33 (g) If a successor has not been appointed before the end of a
34 member's three (3) year term, the current member of the joint board
35 shall continue the member's service until the member's successor:
36 (1) has been appointed; and
37 (2) is able to begin the member's term.
38 (h) The members shall, by a majority vote, elect one (1) member to
39 serve as a chairperson.
40 (i) The joint board shall meet on a quarterly basis. The joint board
41 may convene additional meetings upon the request of:
42 (1) the chairperson; or
ES 179—LS 6789/DI 107 16
1 (2) two (2) serving members of the joint board.
2 SECTION 13. IC 33-40-7-5, AS AMENDED BY P.L.104-2022,
3 SECTION 139, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The board, or joint board of
5 a multicounty public defender's office created under section 3.5 of this
6 chapter, shall prepare a comprehensive plan that must include at least
7 one (1) of the following methods of providing legal defense services to
8 indigent persons:
9 (1) Establishing a county or multicounty public defender's office.
10 (2) Contracting with an attorney, a group of attorneys, or a private
11 organization.
12 (3) Using an assigned counsel system of panel attorneys for case
13 by case appointments under section 9 of this chapter.
14 (4) In a county described in section 1(5) of this chapter,
15 establishing a public defender's office for the criminal division of
16 the superior court.
17 (b) The plan prepared under subsection (a) shall be submitted to the
18 Indiana public defender commission on court appointed attorneys.
19 (c) If a multicounty public defender's joint board is established
20 under section 3.5 of this chapter, the comprehensive plan shall
21 establish a multicounty public defender's office.
22 SECTION 14. IC 33-40-7-7, AS AMENDED BY P.L.69-2019,
23 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 7. A county or multicounty public defender shall
25 do the following:
26 (1) Maintain an office as approved by the board.
27 (2) Hire and supervise staff necessary to perform the services of
28 the office after the staff positions are recommended by the board
29 and approved by the county executive and the fiscal body or by
30 the joint board of a multicounty office.
31 (3) Keep and maintain records of all cases handled by the office
32 and report at least annually to the board and the Indiana public
33 defender commission on court appointed attorneys concerning
34 the operation of the office, costs, and projected needs.
35 SECTION 15. IC 33-40-7-11, AS AMENDED BY THE
36 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
37 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 11. (a) For purposes of this section, the term
39 "county auditor" includes a person who:
40 (1) is the auditor of a county that is a member of a multicounty
41 public defender's office described in section 3.5 of this chapter;
42 and
ES 179—LS 6789/DI 107 17
1 (2) is responsible for the receipt, disbursement, and accounting of
2 all monies distributed to the multicounty public defender's office.
3 (b) A county public defender board or the joint board of a
4 multicounty public defender's office shall submit a written request for
5 reimbursement to the county auditor. The request must set forth the
6 total of the county's or multicounty public defender's office's
7 expenditures for indigent defense services to the county auditor and
8 may be limited in a county described in section 1(5) of this chapter to
9 expenditures for indigent defense services provided by a particular
10 division of a court. The county auditor shall review the request and
11 certify the total of the county's or multicounty's expenditures for
12 indigent defense services to the Indiana public defender commission on
13 court appointed attorneys.
14 (c) Except as provided in subsection (d), upon certification by the
15 Indiana public defender commission on court appointed attorneys
16 that the county's multicounty public defender's office's indigent defense
17 services meet the commission's standards, the auditor of state
18 comptroller shall issue a warrant to the treasurer of state for
19 disbursement to the county of a sum equal to forty percent (40%) of the
20 county's or multicounty public defender's office's certified expenditures
21 for indigent defense services provided in noncapital cases. except
22 misdemeanors.
23 (d) Upon certification by the Indiana commission on court
24 appointed attorneys that the county's multicounty public
25 defender's office's indigent defense services meet the commission's
26 standards, the state comptroller shall issue a warrant to the
27 treasurer of state for disbursement to the county of a sum that is
28 up to twenty-five percent (25%) of the county's or multicounty
29 public defender's office's certified expenditures for indigent
30 defense services provided for misdemeanor cases. This subsection
31 expires June 30, 2029.
32 (d) (e) If a county's indigent defense services fail to meet the
33 standards adopted by the Indiana public defender commission on court
34 appointed attorneys, the public defender Indiana commission on
35 court appointed attorneys shall notify the county public defender
36 board or the joint board of a multicounty public defender's office and
37 the county fiscal body of the failure to comply with the Indiana public
38 defender commission's standards. Unless the county or multicounty
39 public defender board corrects the deficiencies to comply with the
40 standards not more than ninety (90) days after the date of the notice,
41 the county's or multicounty's eligibility for reimbursement from the
42 public defense fund terminates at the close of that fiscal year.
ES 179—LS 6789/DI 107 18
1 (f) A county or multicounty public defender's office shall submit
2 to the Indiana commission on court appointed attorneys
3 information to be included in the annual report under
4 IC 33-40-5-4(a)(5) regarding expenses reported to the county
5 auditor for reimbursement by the Indiana commission on court
6 appointed attorneys.
7 (g) The misdemeanor reimbursement described in subsection (d)
8 is subject to available funding of the Indiana commission on court
9 appointed attorneys, and if the Indiana commission on court
10 appointed attorneys does not have sufficient funds, the
11 misdemeanor reimbursement must be reduced first before
12 reducing reimbursements for felony public defense expenses.
13 SECTION 16. IC 35-33-7-6, AS AMENDED BY P.L.140-2020,
14 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 6. (a) Prior to the completion of the initial hearing,
16 the judicial officer shall determine whether a person who requests
17 assigned counsel is indigent under section 6.5 of this chapter. If the
18 person is found to be indigent, the judicial officer shall assign counsel
19 to the person.
20 (b) If jurisdiction over an indigent defendant is transferred to
21 another court, the receiving court shall assign counsel immediately
22 upon acquiring jurisdiction over the defendant.
23 (c) If the court finds that the person is able to pay part of the cost of
24 representation by the assigned counsel, the court shall order the person
25 to pay the following:
26 (1) For a felony action, a fee of one two hundred dollars ($100).
27 ($200).
28 (2) For a misdemeanor action, a fee of fifty one hundred dollars
29 ($50). ($100).
30 If the court orders the person to pay an amount described in subdivision
31 (1) or (2), the court shall inquire at sentencing whether the person has
32 paid the required amount. The clerk of the court shall deposit the first
33 one hundred dollars ($100) in a felony case and the first fifty
34 dollars ($50) in a misdemeanor case of the fees collected under this
35 subsection in the county's supplemental public defender services
36 fund established by IC 33-40-3-1. The clerk of the court shall then
37 transfer fees collected under this subsection to the state
38 comptroller for deposit in the public defense fund established by
39 IC 33-40-6-1. Fees transferred to the state comptroller under this
40 subsection may not exceed one hundred dollars ($100) collected in
41 a felony case and fifty dollars ($50) collected in a misdemeanor
42 case. The clerk of the court shall then deposit any remaining fees
ES 179—LS 6789/DI 107 19
1 collected under this subsection in the county's supplemental public
2 defender services fund established by IC 33-40-3-1. fees collected
3 under this subsection in the county's supplemental public defender
4 services fund established under IC 33-40-3-1.
5 (d) The court may review the finding of indigency at any time
6 during the proceedings if:
7 (1) the court receives evidence of a material change in the
8 person's income or assets; or
9 (2) the person has failed to provide the court with sufficient
10 evidence, including documentary evidence, to sustain the court's
11 initial indigency determination.
12 SECTION 17. IC 35-33-7-6.5, AS ADDED BY P.L.140-2020,
13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 6.5. (a) In determining whether a person is
15 indigent, the court shall consider the following:
16 (1) The person's assets.
17 (2) The person's income.
18 (3) The person's necessary expenses.
19 (b) The court may consider that a person's eligibility for:
20 (1) the federal Supplemental Nutrition Assistance Program
21 (SNAP) (except for 21 U.S.C. 862a(a));
22 (2) the federal and Indiana TANF (Temporary Assistance for
23 Needy Families) program (except for 21 U.S.C. 862a(a)); or
24 (3) another need based public assistance program;
25 constitutes sufficient evidence to establish that a person is indigent.
26 (c) The court may issue an initial indigency determination pending
27 receipt of documentary or other evidence from the person concerning
28 the person's income, assets, expenses, or welfare eligibility.
29 (d) Each court in a county receiving reimbursement under
30 IC 33-40-6-5(c) shall require a person claiming indigency to submit
31 a uniform form, prescribed by the office of judicial administration,
32 to assist the court in determining whether the person is indigent.
33 The court shall review or designate a staff member to review the
34 form submitted to ensure accuracy of the information contained in
35 the form before issuing an indigency determination under this
36 section. The court may request any additional information needed
37 from the person to verify the accuracy of the information
38 submitted in the form.
39 (d) (e) If the court finds that the person is able to pay some of the
40 fines, fees, and court costs, the court may prorate the person's fine, fee,
41 and court costs, and require the person to pay an amount that the person
42 can reasonably afford.
ES 179—LS 6789/DI 107 20
1 SECTION 18. An emergency is declared for this act.
ES 179—LS 6789/DI 107 21
COMMITTEE REPORT
Madam President: The Senate Committee on Judiciary, to which
was referred Senate Bill No. 179, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 7, line 20, delete "request" and insert "receive".
Page 14, line 33, delete "fifty" and insert "the first one hundred
dollars ($100) in a felony case and the first fifty dollars ($50) in a
misdemeanor case of the fees collected under this subsection in the
county's supplemental public defender services fund established by
IC 33-40-3-1. The clerk of the court shall then transfer fees
collected under this subsection to the state comptroller for deposit
in the public defense fund established by IC 33-40-6-1. Fees
transferred to the state comptroller under this subsection may not
exceed one hundred dollars ($100) collected in a felony case and
fifty dollars ($50) collected in a misdemeanor case. The clerk of the
court shall then deposit any remaining fees collected under this
subsection in the county's supplemental public defender services
fund established by IC 33-40-3-1.".
Page 14, line 34, delete "percent (50%) of the".
Page 14, line 34, strike "fees collected under this subsection in the".
Page 14, strike line 35.
Page 14, line 36, delete "IC 33-40-3-1" and insert "IC 33-40-3-1.".
Page 14, line 36, delete "and the clerk of the court shall transfer fifty
percent".
Page 14, delete lines 37 through 39.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 179 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 9, Nays 2.
ES 179—LS 6789/DI 107 22
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 179, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 33-24-6-3, AS AMENDED BY P.L.205-2023,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The office of judicial administration shall
do the following:
(1) Examine the administrative and business methods and systems
employed in the offices of the clerks of court and other offices
related to and serving the courts and make recommendations for
necessary improvement.
(2) Collect and compile statistical data and other information on
the judicial work of the courts in Indiana. All justices of the
supreme court, judges of the court of appeals, judges of all trial
courts, and any city or town courts, whether having general or
special jurisdiction, court clerks, court reporters, and other
officers and employees of the courts shall, upon notice by the
chief administrative officer and in compliance with procedures
prescribed by the chief administrative officer, furnish the chief
administrative officer the information as is requested concerning
the nature and volume of judicial business. The information must
include the following:
(A) The volume, condition, and type of business conducted by
the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for
the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than
two (2) times per year, on the nature and volume of judicial work
performed by the courts as determined by the information
required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial
qualifications commission in the performance by the commissions
of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
ES 179—LS 6789/DI 107 23
(6) Administer the court technology fund established by section
12 of this chapter.
(7) By December 31, 2013, develop and implement a standard
protocol for sending and receiving court data:
(A) between the protective order registry, established by
IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and
operated by the office of judicial administration;
to interface with the electronic traffic tickets, as defined by
IC 9-30-3-2.5; and
(C) between county court case management systems and the
case management system developed and operated by the office
of judicial administration.
The standard protocol developed and implemented under this
subdivision shall permit private sector vendors, including vendors
providing service to a local system and vendors accessing the
system for information, to send and receive court information on
an equitable basis and at an equitable cost, and for a case
management system developed and operated by the office of
judicial administration, must include a searchable field for the
name and bail agent license number, if applicable, of the bail
agent or a person authorized by the surety that pays bail for an
individual as described in IC 35-33-8-3.2.
(8) Establish and administer an electronic system for receiving
information that relates to certain individuals who may be
prohibited from possessing a firearm for the purpose of:
(A) transmitting this information to the Federal Bureau of
Investigation for inclusion in the NICS; and
(B) beginning July 1, 2021, compiling and publishing certain
statistics related to the confiscation and retention of firearms
as described under section 14 of this chapter.
(9) Establish and administer an electronic system for receiving
drug related felony conviction information from courts. The office
of judicial administration shall notify NPLEx of each drug related
felony entered after June 30, 2012, and do the following:
(A) Provide NPLEx with the following information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
ES 179—LS 6789/DI 107 24
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony.
Upon receipt of the information from the office of judicial
administration, a stop sale alert must be generated through
NPLEx for each individual reported under this clause.
(B) Notify NPLEx if the felony of an individual reported under
clause (A) has been:
(i) set aside;
(ii) reversed;
(iii) expunged; or
(iv) vacated.
Upon receipt of information under this clause, NPLEx shall
remove the stop sale alert issued under clause (A) for the
individual.
(10) After July 1, 2018, establish and administer an electronic
system for receiving from courts felony or misdemeanor
conviction information for each felony or misdemeanor described
in IC 20-28-5-8(c). The office of judicial administration shall
notify the department of education at least one (1) time each week
of each felony or misdemeanor described in IC 20-28-5-8(c)
entered after July 1, 2018, and do the following:
(A) Provide the department of education with the following
information:
(i) The convicted individual's full name.
(ii) The convicted individual's date of birth.
(iii) The convicted individual's driver's license number, state
personal identification number, or other unique number, if
available.
(iv) The date the individual was convicted of the felony or
misdemeanor.
(B) Notify the department of education if the felony or
misdemeanor of an individual reported under clause (A) has
been:
(i) set aside;
(ii) reversed; or
(iii) vacated.
(11) Perform legal and administrative duties for the justices as
determined by the justices.
(12) Provide staff support for the judicial conference of Indiana
established in IC 33-38-9.
(13) Work with the United States Department of Veterans Affairs
ES 179—LS 6789/DI 107 25
to identify and address the needs of veterans in the court system.
(14) If necessary for purposes of IC 35-47-16-1, issue a retired
judicial officer an identification card identifying the retired
judicial officer as a retired judicial officer.
(15) Establish and administer the statewide juvenile justice data
aggregation plan established under section 12.5 of this chapter.
(16) Create and make available an application for detention to be
used in proceedings under IC 12-26-5 (mental health detention,
commitment, and treatment).
(17) Create and make available a uniform form to assist a
court in making an indigency determination under
IC 35-33-7-6.5.
(b) All forms to be used in gathering data must be approved by the
supreme court and shall be distributed to all judges and clerks before
the start of each period for which reports are required.
(c) The office of judicial administration may adopt rules to
implement this section.".
Page 5, between lines 22 and 23, begin a new paragraph and insert:
"SECTION 4. IC 33-38-9.5-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.1. (a) The advisory council
shall conduct a comprehensive survey of all Indiana trial courts
that make indigency determinations for the purposes of appointing
counsel in criminal cases. The advisory council shall gather, at
minimum, the following information from each court:
(1) The procedures the court uses to make an indigency
determination when appointing counsel in criminal cases.
(2) Any procedures used by the court or other county entity,
to verify the information provided to the court by a
defendant, including income, assets, expenses, and
employment status.
(3) Any materials, including forms, scales, income thresholds,
written policies, or other similar materials that are used in the
determination of indigency.
(4) Any methodology the court uses to determine the cost to a
defendant to retain private counsel in its community for a
particular case level or type.
(b) The advisory council shall submit a report to the legislative
council in an electronic format under IC 5-14-6 before July 1, 2025.
The report must make comprehensive recommendations and must
include, at a minimum, the following information:
(1) A statewide, consistent policy for courts to use when
ES 179—LS 6789/DI 107 26
making indigency determinations.
(2) A review of the current case law, statutes, and court rules
regarding indigency determinations.
(3) A review of the statutory duties of any state entity,
including the public defender commission, regarding the
establishment of standards and guidelines regarding
indigency determinations, including any recommendations for
statutory changes.
(4) The results of the survey conducted under subsection (a).
(c) Expenses incurred by the advisory council under this section
may be paid from existing appropriations to the public defense
fund established by IC 33-40-6-1.
(d) This section expires on January 1, 2026.".
Page 7, delete lines 25 through 31, begin a new paragraph and
insert:
"SECTION 8. IC 33-40-6-1, AS AMENDED BY P.L.161-2018,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. The public defense fund is
established to receive court costs or other revenues for county
reimbursement and administrative expenses. The fund shall be
administered by the Indiana public defender commission on court
appointed attorneys (established by IC 33-40-5-2). Money in the
fund may be used to pay the expenses incurred by the justice
reinvestment advisory council under IC 33-38-9.5-2.1.".
Page 15, after line 12, begin a new paragraph and insert:
"SECTION 18. IC 35-33-7-6.5, AS ADDED BY P.L.140-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6.5. (a) In determining whether a person is
indigent, the court shall consider the following:
(1) The person's assets.
(2) The person's income.
(3) The person's necessary expenses.
(b) The court may consider that a person's eligibility for:
(1) the federal Supplemental Nutrition Assistance Program
(SNAP) (except for 21 U.S.C. 862a(a));
(2) the federal and Indiana TANF (Temporary Assistance for
Needy Families) program (except for 21 U.S.C. 862a(a)); or
(3) another need based public assistance program;
constitutes sufficient evidence to establish that a person is indigent.
(c) The court may issue an initial indigency determination pending
receipt of documentary or other evidence from the person concerning
the person's income, assets, expenses, or welfare eligibility.
ES 179—LS 6789/DI 107 27
(d) Each court in a county receiving reimbursement under
IC 33-40-6-5(c) shall require a person claiming indigency to submit
a uniform form, prescribed by the office of judicial administration,
to assist the court in determining whether the person is indigent.
The court shall review or designate a staff member to review the
form submitted to ensure accuracy of the information contained in
the form before issuing an indigency determination under this
section. The court may request any additional information needed
from the person to verify the accuracy of the information
submitted in the form.
(d) (e) If the court finds that the person is able to pay some of the
fines, fees, and court costs, the court may prorate the person's fine, fee,
and court costs, and require the person to pay an amount that the person
can reasonably afford.
SECTION 19. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 179 as printed January 19, 2024.)
MISHLER, Chairperson
Committee Vote: Yeas 11, Nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 179, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 8, line 32, delete "IC 33-38-9.5-2.1" and insert "IC
33-38-9.5-2.2".
Page 8, line 34, delete "Sec. 2.1. (a)" and insert "Sec. 2.2. (a)".
Page 11, line 37, delete "IC 33-38-9.5-2.1" and insert "IC
33-38-9.5-2.2".
Page 12, line 18, after "Clark County," insert "Crawford County,".
Page 12, line 19, after "County," insert "Perry County,".
Page 13, line 24, after "Clark County," insert "Crawford County,".
Page 13, line 25, after "County," insert "Perry County,".
Page 17, line 35, after "Clark County," insert "Crawford County,".
ES 179—LS 6789/DI 107 28
Page 17, line 36, after "County," insert "Perry County,".
and when so amended that said bill do pass.
(Reference is to SB 179 as printed January 26, 2024.)
MCNAMARA
Committee Vote: yeas 12, nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Engrossed Senate Bill 179, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Replace the effective dates in SECTIONS 9 through 10 with
"[EFFECTIVE JULY 1, 2025]".
Replace the effective date in SECTION 15 with "[EFFECTIVE
JULY 1, 2025]".
Page 11, line 12, delete "one hundred percent (100%)" and insert
"twenty-five percent (25%)".
Page 11, delete lines 23 through 28.
Page 12, line 17, delete "This subsection applies to Adams County,
Allen County,".
Page 12, delete line 18.
Page 12, line 19, delete "County, Lawrence County, Perry County,
and Pulaski County.".
Page 12, line 22, delete "is" and insert "shall not exceed
twenty-five percent (25%)".
Page 12, line 23, delete "up to one hundred percent (100%)".
Page 12, delete lines 27 through 33.
Page 12, line 34, delete "(f)" and insert "(e)".
Page 12, line 37, delete "(g)" and insert "(f)".
Page 12, after line 42, begin a new paragraph and insert:
"(g) The misdemeanor reimbursement described in subsection
(d) is subject to available funding of the Indiana commission on
court appointed attorneys, and if the Indiana commission on court
appointed attorneys does not have sufficient funds, the
misdemeanor reimbursement must be reduced first before
reducing reimbursements for felony public defense expenses.".
ES 179—LS 6789/DI 107 29
Page 13, line 24, delete "This subsection applies to Adams County,
Allen County,".
Page 13, delete lines 25 through 26.
Page 13, line 31, delete "is up to one hundred".
Page 13, line 32, delete "percent (100%)" and insert "shall not
exceed twenty-five percent (25%)".
Page 13, delete lines 35 through 39.
Page 13, line 40, delete "(e)" and insert "(d)".
Page 14, line 2, delete "(f)" and insert "(e)".
Page 14, between lines 6 and 7, begin a new paragraph and insert:
"(f) The misdemeanor reimbursement described in subsection
(d) is subject to available funding of the commission, and if the
commission does not have sufficient funds, the misdemeanor
reimbursement must be reduced first before reducing
reimbursements for felony public defense expenses.".
Page 17, line 35, delete "This subsection applies to Adams County,
Allen County,".
Page 17, delete lines 36 through 37.
Page 17, line 42, delete "one hundred" and insert "twenty-five
percent (25%)".
Page 18, line 1, delete "percent (100%)".
Page 18, between lines 21 and 22, begin a new paragraph and insert:
"(g) The misdemeanor reimbursement described in subsection
(d) is subject to available funding of the Indiana commission on
court appointed attorneys, and if the Indiana commission on court
appointed attorneys does not have sufficient funds, the
misdemeanor reimbursement must be reduced first before
reducing reimbursements for felony public defense expenses.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to ESB 179 as printed February 15, 2024.)
THOMPSON
Committee Vote: yeas 20, nays 0.
ES 179—LS 6789/DI 107