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 6789 NOTE PREPARED: Mar 11, 2024
BILL NUMBER: SB 179 BILL AMENDED: Mar 8, 2024
SUBJECT: Commission on Court Appointed Attorneys.
FIRST AUTHOR: Sen. Koch BILL STATUS: Enrolled
FIRST SPONSOR: Rep. McNamara
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It requires the Justice Reinvestment Advisory Council (JRAC) to conduct a study on criminal
indigency determinations by all Indiana trial courts. It requires the JRAC to submit a report
containing recommendations on specified topics to the Legislative Council before July 1, 2025.
B. It changes the name of the Indiana Public Defender Commission to the Indiana Commission on Court
Appointed Attorneys (CCAA).
C. It provides that from July 1, 2025, through June 30, 2029, certain counties may be reimbursed up to
40% of indigent defense services provided for misdemeanors in a superior or circuit court. (Current
law excludes misdemeanors from reimbursement.)
D. It requires the CCAA to submit a report to the Legislative Council and the Budget Committee not
later than December 1, 2029, concerning the 40% reimbursement for indigent defense services
provided for misdemeanors.
E. It requires each clerk of the court to make an annual report to the CCAA concerning certain fees.
F. It changes the distribution of fees for indigent defendant representation. It increases certain fees if
a court finds a person is able to pay the cost of representation by counsel.
G. It prohibits the CCAA from: (1) receiving additional appropriations from the General Assembly for
SB 179 1 misdemeanor reimbursement; or (2) reimbursing certain counties for misdemeanor reimbursement;
before July 1, 2029.
H. It provides that each court in certain counties receiving reimbursement from the Public Defense Fund
shall require a person claiming indigency to submit a uniform form, prescribed by the Office of
Judicial Administration (OJA), to assist the court in determining whether the person is indigent.
I. It specifies that such courts shall review or designate a staff member to review the form submitted
to ensure accuracy of the information contained in the form. It also allows such a court to request
any additional information needed from the person to verify the accuracy of the information
submitted in the form.
Effective Date: Upon passage; July 1, 2024; July 1, 2025.
Explanation of State Expenditures: Public Defense Fund - Beginning July 1, 2025, the bill provides that
participating pilot counties may begin requesting reimbursement up to 40% of the county’s or multi-county
public defender’s office’s expenditures for indigent defense services in misdemeanor cases. If additional
claims are approved, OFMA estimates the bill could potentially increase state expenditures from the Public
Defense Fund by approximately $803,865 to $1.15 M annually beginning in FY 2026. Any increase in state
expenditures from the fund would depend upon the counties selected and authorization by the CCAA.
This estimate includes reimbursement up to 40% and the additional fee revenue collected from the County
Supplemental Public Defender Services Fund. The CCAA shall select up to 12 counties based on population
and geographic diversity. Also, the bill could potentially result in cost savings to the Public Defense Fund
to the extent the CCAA approves reimbursement at a rate less than 40% of expenditures in misdemeanor
cases.
The CCAA reimburses counties for the following costs of providing indigent defense services: attorney fees,
investigations, expert witnesses, paralegal, transcript costs, and costs of direct appeals.
Office of Judicial Administration (OJA): The bill requires the OJA to create and make available a uniform
indigency determination form for all trial courts for the purposes of appointing counsel in criminal cases.
However, the bill is silent on the type of format required for the indigency determination form. The bill will
likely increase the workload and/or expenditures of the OJA. Costs will depend upon administrative
decisions. If the form is in a paper format, the cost will likely be minimal to create and distribute the paper
form statewide. If the indigency determination form is built into the Court’s Incite Application or Odyssey
Case Management System, it could cost an estimated $50,000 to $100,000 to develop and implement. After
the initial implementation, it is likely this process can be fully-automated and costs are anticipated to be
minimal over the long-term.
Justice Reinvestment Advisory Council (JRAC): The bill requires the JRAC to conduct a comprehensive
survey of all trial courts that make indigency determinations for criminal cases. It also requires the JRAC to
submit comprehensive report to the Legislative Council before July 1, 2025. Under current law, the OJA
provides staff support to the JRAC. As a result, this will increase the workload of the OJA and the JRAC to
implement the bill’s requirements. It also provides that the expenses of conducting the statewide survey may
be paid from the Public Defense Fund.
Indiana Commission on Court Appointed Attorneys (CCAA): The bill will increase the workload of the
SB 179 2 CCAA to fulfill the bill’s requirements. The CCAA shall submit a report concerning how the misdemeanor
reimbursement project has impacted attorney rates, jail population, trial rates, and case outcomes in
reimbursement counties. The report must be submitted no later than December 1, 2029, to the Legislative
Council and the Budget Committee.
Explanation of State Revenues: County Supplemental Public Defender Services Fund: The bill increases
the county public defense fee. It also requires the clerk of the court to transfer the remaining $100 in a felony
case and $50 in a misdemeanor case to the Public Defense Fund after the first distribution to the County
Supplemental Public Defender Services Fund. As a result, the bill could potentially increase revenue to the
fund. The actual revenue increase will depend on the county public defense fee collections.
On average, the County Supplemental Public Defender Services Fund collects $3.28 M per year from the
public defense fee. The following table shows the amount of revenue deposited in the fund.
Revenue Deposited in the County Supplemental Public Defender Services Fund 2017 - 2022
Year CY 2017 CY 2018 CY 2019 CY 2020 CY 2021 CY 2022
Revenue $3.21 M $ 3.34 M $3.38 M $2.85 M $3.59 M $3.30 M
Potential Savings: The additional revenue to the Public Defense Fund could offset the cost of misdemeanor
reimbursement. If the CCAA approves reimbursement at a rate less than 40%, the additional fee will result
in a revenue increase to the fund.
Explanation of Local Expenditures: The bill could reduce local expenditures to the extent participating
pilot counties are eligible to recoup cost incurred for misdemeanor defense services. If the CCAA reimburses
misdemeanor expenses up to 40%, OFMA estimates that local expenditure could potentially be reduced by
approximately $2.44 M to $2.97 M annually. However, the actual fiscal impact will depend on the
participating pilot counties, the CCAA’s approval, and reimbursement rate.
On a quarterly basis, a county auditor shall report to the CCAA regarding reimbursements requested and
received from the fund for the county’s expenditures for indigent defense services. The bill will increase the
workload for all counties requesting reimbursement from the Public Defense Fund.
Uniform Indigency Determination Form: If a county does not review indigency determinations before issuing
a final determination, the bill could potentially increase the workload of a county to review the submitted
indigency form in a timely manner. Any increase will likely be minimal.
Also, it is very unlikely that the bill will delay proceedings or attorney appointments while the defendant is
awaiting for the court to make an indigency determination. Under current law, the court may review
indigency determinations throughout the case to determine a defendants ability to pay for their own defense
services.
Explanation of Local Revenues: The bill increases the public defense fee in misdemeanor cases from $50
to $100 and in felony cases from $100 to $200. The clerk of the court shall deposit the first $100 in a felony
case and the first $50 in a misdemeanor case of the fees collected in the County’s Supplemental Public
Defender Services Fund. As a result, the bill could potentially increase revenue to the county fund to the
SB 179 3 extent additional fee revenue is collected. (See Explanation of State Revenues.)
State Agencies Affected: Public Defender Commission; Legislative Council; Budget Committee; Office of
Judicial Administration; Justice Reinvestment Advisory Council.
Local Agencies Affected: County public defenders; county auditors; trial courts.
Information Sources: Indiana Supreme Court, Office of Judicial Administration; Indiana Public Defender
Commission, Funding and Reimbursement History,
https://www.in.gov/publicdefender/funding-and-reimbursement-history/; Indiana Supreme Court, Reports
& Statistics, https://www.in.gov/courts/publications/reports/.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 179 4