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.
SENATE ENROLLED ACT No. 179
AN ACT to amend the Indiana Code concerning courts and court
officers.
Be it enacted by the General Assembly of the State of Indiana:
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.
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(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.
(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:
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(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
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.
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(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
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.
SECTION 2. IC 33-32-2-11 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 11. By January 31 of each year, every clerk shall
provide a report to the Indiana commission on court appointed
attorneys concerning the fees the clerk deposited and transferred
under IC 35-33-7-6 for the previous calendar year. The report
must include statistics regarding the number of instances in the
previous calendar year that the clerk deposited and transferred
fees under IC 35-33-7-6.
SECTION 3. IC 33-38-9.5-2, AS AMENDED BY HEA 1026-2024,
SECTION 152, AND AS AMENDED BY SEA 290-2024, SECTION
4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
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2024]: Sec. 2. (a) The justice reinvestment advisory council is
established. The advisory council consists of the following members:
(1) The executive director of the Indiana public defender council
or the executive director's designee.
(2) The executive director of the Indiana prosecuting attorneys
council or the executive director's designee.
(3) The director of the division of mental health and addiction or
the director's designee.
(4) The president of the Indiana Sheriffs' Association or the
president's designee.
(5) The commissioner of the Indiana department of correction or
the commissioner's designee.
(6) The chief administrative officer of the office of judicial
administration or the chief administrative officer's designee.
(7) The executive director of the Indiana criminal justice institute
or the executive director's designee.
(8) The president of the Indiana Association of Community
Corrections Act Counties or the president's designee.
(9) The president of the Probation Officers Professional
Association of Indiana or the president's designee.
(10) The budget director or the budget director's designee.
(11) The executive director of the Association of Indiana Counties
or the executive director's designee.
(12) The president of the Indiana Judges Association or the
president's designee.
(13) The chair of the Indiana public defender commission on
court appointed attorneys or the chair's designee.
(14) The chair of the senate corrections and criminal law
committee or the chair's designee.
(15) The ranking minority member of the senate corrections and
criminal law committee or the ranking minority member's
designee.
(16) The chair of the house courts and criminal code committee
or the chair's designee.
(17) The ranking minority member of the house courts and
criminal code committee or the ranking minority member's
designee.
(18) The governor or the governor's designee.
(19) The president and chief executive officer of the Indiana
Council of Community Mental Health Centers or the president
and chief executive officer's designee.
(20) The president and chief executive officer of Mental Health
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America of Indiana or the president and chief executive officer's
designee.
(b) The chief justice or the chief justice's designee shall serve as
chairperson of the advisory council.
(c) The duties of the advisory council include:
(1) reviewing and evaluating state and local criminal justice
systems and corrections programs, including pretrial services,
behavioral health treatment and recovery services, community
corrections, county jails, parole, and probation services;
(2) reviewing the processes used by the department of correction
and the division of mental health and addiction in awarding
grants;
(3) reviewing and evaluating jail overcrowding to identify a range
of possible solutions;
(4) coordinating with other criminal justice funding sources;
(5) establishing committees to inform the work of the advisory
council; and
(6) performing other relevant duties as determined by the advisory
council.
(d) The advisory council may make recommendations to:
(1) the department of correction, community corrections advisory
boards, and the division of mental health and addiction
concerning the award of grants;
(2) criminal justice systems and corrections programs concerning
best practices to improve outcomes of persons under supervision;
(3) the Indiana general assembly concerning legislation and
funding for criminal justice initiatives;
(4) the Indiana criminal justice institute concerning criminal
justice funding priorities;
(5) the office of judicial administration concerning veterans
problem-solving problem solving court grants; and
(6) the county sheriffs concerning strategies to address jail
overcrowding and implementing evidence based practices for
reducing recidivism for individuals in county jails.
(e) The office of judicial administration shall staff the advisory
council.
(f) The affirmative votes of a majority of the voting members
appointed to the advisory council are required for the advisory council
to take action on any measure.
(g) The advisory council shall meet as necessary to:
(1) work with the department of correction and the division of
mental health and addiction to establish the grant criteria and
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grant reporting requirements described in subsection (k);
(2) review grant applications;
(3) make recommendations and provide feedback to the
department of correction and the division of mental health and
addiction concerning grants to be awarded;
(4) review grants awarded by the department of correction and the
division of mental health and addiction; and
(5) suggest areas and programs in which the award of future
grants might be beneficial.
(h) The advisory council, in conjunction with the Indiana criminal
justice institute, shall jointly issue an annual report under IC 5-2-6-24.
(i) The advisory council shall review the composition of the
community corrections advisory board described in IC 11-12-2-2 and
make a recommendation to the legislative council in an electronic
format under IC 5-14-6 before November 1, 2022, regarding how to
reduce the membership of a community corrections advisory board and
the recommended membership for a community corrections advisory
board.
(j) Any entity that receives funds:
(1) recommended by the advisory council; and
(2) appropriated by the department of correction;
for the purpose of providing additional treatment or supervision
services shall provide the information described in subsection (k) to the
department of correction to aid in the compilation of the report
described in subsection (h).
(k) The department of correction shall provide the advisory council
with the following information:
(1) The total number of participants, categorized by offense level,
who were served by the entity through funds described in
subsection (j).
(2) The total number of participants, categorized by offense level,
who completed a funded treatment program, service, or level of
supervision.
(3) The total number of participants, categorized by offense level,
who were discharged from a funded treatment program, service,
or level of supervision.
SECTION 4. IC 33-38-9.5-2.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.2. (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 a
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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
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:
(A) before July 1, 2024, the public defender commission; or
(B) after June 30, 2024, the Indiana commission on court
appointed attorneys, as established by IC 33-40-5-2;
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 January 1, 2026.
SECTION 5. IC 33-40-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. As used in this
chapter, "commission" refers to the Indiana public defender
commission on court appointed attorneys established by section 2 of
this chapter.
SECTION 6. IC 33-40-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The Indiana
public defender commission on court appointed attorneys is
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established.
(b) The commission is composed of the following eleven (11)
members, none of whom may be a law enforcement officer or a court
employee:
(1) Three (3) members appointed by the governor, with not more
than two (2) of these individuals belonging to the same political
party.
(2) Three (3) members appointed by the chief justice of the
supreme court, with not more than two (2) of these individuals
belonging to the same political party.
(3) One (1) member appointed by the board of trustees of the
Indiana criminal justice institute, who is an attorney admitted to
practice law in Indiana.
(4) Two (2) members of the house of representatives to be
appointed by the speaker of the house of representatives. The
members appointed under this subdivision may not be from the
same political party.
(5) Two (2) members of the senate, to be appointed by the
president pro tempore of the senate. The members appointed
under this subdivision may not be from the same political party.
SECTION 7. IC 33-40-5-4, AS AMENDED BY P.L.69-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The commission shall do the following:
(1) Make recommendations to the supreme court concerning
standards for indigent defense services provided for defendants
against whom the state has sought the death sentence under
IC 35-50-2-9, including the following:
(A) Determining indigency and eligibility for legal
representation.
(B) Selection and qualifications of attorneys to represent
indigent defendants at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services
necessary to provide adequate legal representation.
(2) Adopt guidelines and standards for indigent defense services
under which the counties will be eligible for reimbursement under
IC 33-40-6, including the following:
(A) Determining indigency and the eligibility for legal
representation.
(B) The issuance and enforcement of orders requiring the
defendant to pay for the costs of court appointed legal
representation under IC 33-40-3.
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(C) The use and expenditure of funds in the county
supplemental public defender services fund established under
IC 33-40-3-1.
(D) Qualifications of attorneys to represent indigent
defendants at public expense.
(E) Compensation rates for salaried, contractual, and assigned
counsel.
(F) Minimum and maximum caseloads of public defender
offices and contract attorneys.
(G) Requirements concerning the creation and operation of a
multicounty public defender's office created under an
interlocal agreement as described in IC 33-40-7-3.5.
(3) Make recommendations concerning the delivery of indigent
defense services in Indiana, including the funding and delivery of
indigent defense services for juveniles.
(4) Make an annual report to the governor, the general assembly,
and the supreme court on the operation of the public defense fund.
(5) Make a report not later than December 1, 2029, to the
legislative council and the budget committee concerning the
up to forty percent (40%) reimbursement from the public
defense fund for indigent defense services for misdemeanor
cases under IC 33-40-6-4(d), IC 33-40-6-5(c), and
IC 33-40-7-11(d).
(b) The commission must provide data and statistics concerning
how the reimbursement has impacted attorney appointment rates,
jail population, trial rates, and case outcomes in the report under
subsection (a)(5).
(c) The report to the general assembly under subdivision (4)
subsection (a)(4) and to the legislative council under subsection
(a)(5) must be in an electronic format under IC 5-14-6.
(d) The commission shall not:
(1) receive any additional appropriations from the general
assembly for misdemeanor reimbursement; or
(2) reimburse a county other than a county described in
IC 33-40-6-4(d) for misdemeanor reimbursement;
before July 1, 2029.
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
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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 33-38-9.5-2.2.
SECTION 9. IC 33-40-6-4, AS AMENDED BY P.L.104-2022,
SECTION 137, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. (a) For purposes of this section,
the term "county auditor" includes a person who:
(1) is the auditor of a county that is a member of a multicounty
public defender's office; and
(2) is responsible for the receipt, disbursement, and accounting of
all monies distributed to the multicounty public defender's office.
(b) A county auditor may submit on a quarterly basis a certified
request to the public defender Indiana commission on court
appointed attorneys for reimbursement from the public defense fund
for an amount equal to fifty percent (50%) of the county's expenditures
for indigent defense services provided to a defendant against whom the
death sentence is sought under IC 35-50-2-9.
(c) Except as provided in subsection (d), a county auditor may
submit on a quarterly basis a certified request to the public defender
Indiana commission on court appointed attorneys for reimbursement
from the public defense fund for an amount equal to forty percent
(40%) of the county's or multicounty public defender's office's
expenditures for indigent defense services provided in all noncapital
cases except misdemeanors.
(d) This subsection applies to a county that is one (1) of up to
twelve (12) counties that shall be selected by the Indiana
commission on court appointed attorneys based on population and
geographic diversity. A county auditor may submit on a quarterly
basis a certified request to the Indiana commission on court
appointed attorneys for reimbursement from the public defense
fund for an amount that is up to forty percent (40%) of the
county's or multicounty public defender's office's expenditures for
indigent defense services provided in misdemeanor cases. This
subsection expires June 30, 2029.
(e) The Indiana commission on court appointed attorneys may
substitute a county described in subsection (d) with a county with
similar population and geographic characteristics if the county
described in subsection (d) declines to participate in the
misdemeanor reimbursement. If a county is substituted under this
subsection, the Indiana commission on court appointed attorneys
shall publish on its website the replacement county.
(d) (f) A request under this section from a county described in
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IC 33-40-7-1(5) may be limited to expenditures for indigent defense
services provided by a particular division of a court.
(g) A county auditor shall submit quarterly to the Indiana
commission on court appointed attorneys information to be
included in the report under IC 33-40-5-4(a)(5) regarding
reimbursements requested and received from the public defense
fund for the county's expenditures for indigent defense services
provided under subsections (b), (c), and (d).
SECTION 10. IC 33-40-6-5, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) As used in this section, "commission"
means the Indiana public defender commission on court appointed
attorneys established by IC 33-40-5-2.
(b) Except as provided under section 6 of this chapter, upon
certification by a county auditor and a determination by the
commission that the request is in compliance with the guidelines and
standards set by the commission, the commission shall quarterly
authorize an amount of reimbursement due the county or multicounty
public defender's office:
(1) that is equal to fifty percent (50%) of the county's or
multicounty public defender's office's certified expenditures for
indigent defense services provided for a defendant against whom
the death sentence is sought under IC 35-50-2-9; and
(2) except as provided in subsection (c), that is equal to forty
percent (40%) of the county's or multicounty public defender's
office's certified expenditures for defense services provided in
noncapital cases except misdemeanors.
The commission shall then certify to the auditor of state comptroller
the amount of reimbursement owed to a county or multicounty public
defender's office under this chapter.
(c) This subsection applies to a county that is one (1) of up to
twelve (12) counties that shall be selected by the Indiana
commission on court appointed attorneys based on population and
geographic diversity. Upon certification by a county auditor and a
determination by the commission that the request is in compliance
with the guidelines and standards set by the commission, the
commission may quarterly authorize an amount of reimbursement
due the county or multicounty public defender's office that is up to
forty percent (40%) of the county's or multicounty public
defender's office's certified expenditures for defense services
provided in misdemeanor cases. This subsection expires June 30,
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2029.
(d) The Indiana commission on court appointed attorneys may
substitute a county described in subsection (c) with a county with
similar population and geographic characteristics if the county
described in subsection (c) declines to participate in the
misdemeanor reimbursement. If a county is substituted under this
subsection, the commission shall publish on its website the
replacement county.
(c) (e) Upon receiving certification from the commission, the
auditor of state comptroller shall issue a warrant to the treasurer of
state for disbursement to the county or multicounty public defender's
office of the amount certified.
(f) The commission shall include in its report under
IC 33-40-5-4(a)(5) information regarding requested
reimbursements and amounts certified for reimbursements to each
county or multicounty public defender's office under subsections
(b) and (c).
SECTION 11. IC 33-40-7-3, AS AMENDED BY P.L.69-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) A county executive may adopt an ordinance
establishing a county public defender board consisting of three (3)
members. The county executive shall appoint one (1) member. The
judges who exercise felony or juvenile jurisdiction in the county shall
appoint by majority vote one (1) member. The Indiana public defender
commission on court appointed attorneys shall appoint one (1)
member who must be a resident of the county or region managing the
public defender's office.
(b) The members must be persons who have demonstrated an
interest in high quality legal representation for indigent persons.
However, a member may not be:
(1) a city, town, or county attorney;
(2) a law enforcement officer;
(3) a judge;
(4) a court employee;
(5) an attorney who provides representation to indigent persons in
the county or region managed by the public defender board;
(6) an employee of the department of child services; or
(7) an employee of any individuals described in subdivisions (1)
through (6).
(c) Each member of the board serves a three (3) year term beginning
with the date of the member's appointment. A member appointed to fill
a vacancy holds office for the remainder of the previous member's
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term. If a successor has not been appointed by the end of a member's
three (3) year term, the member continues in office until the member's
successor takes office. In the case of a county public defender board
established before July 1, 2019, the appointment by the Indiana public
defender commission on court appointed attorneys shall begin upon
the first expiration of a current term of a member appointed by the
judges who exercise felony or juvenile jurisdiction in the county.
(d) The members shall, by a majority vote, elect one (1) member to
serve as chairperson.
(e) Meetings shall be held at least quarterly and may be held at other
times during the year at the call of the:
(1) chairperson; or
(2) other two (2) members.
(f) A county executive may terminate the board by giving at least
ninety (90) days written notice to the judges described in subsection
(a).
SECTION 12. IC 33-40-7-3.5, AS ADDED BY P.L.69-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3.5. (a) A county executive may adopt an
ordinance allowing the county to enter into an interlocal agreement (as
described in IC 36-1-7-3) with one (1) or more counties for the purpose
of:
(1) creating a multicounty public defender's office; and
(2) providing legal defense services to indigent persons located in
the counties served by the multicounty public defender's office.
(b) An agreement described in subsection (a) shall:
(1) require any created multicounty public defender's office to be
administered by a joint board (as described in
IC 36-1-7-3(a)(5)(B)); and
(2) delegate, to an auditor of one (1) of the constituent counties
comprising the multicounty public defender's office, the duty to
receive, disburse, and account for all monies distributed to the
multicounty public defender's office.
(c) Notwithstanding any guidelines and standards adopted by the
Indiana public defender commission on court appointed attorneys
under IC 33-40-5-4, the members of a joint board shall be persons who
have demonstrated an interest in high quality legal representation for
indigent persons.
(d) Notwithstanding any other law or provision, a member of the
joint board may not be:
(1) a city, town, or county attorney;
(2) a law enforcement officer;
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(3) a judge;
(4) a court employee;
(5) an employee of the department of child services;
(6) an attorney who provides representation to indigent persons in
one (1) or more of the counties served by the multicounty public
defender's office being administered by the joint board; or
(7) an employee of any individuals described in subdivisions (1)
through (6).
(e) Each member of the joint board shall serve a three (3) year term
that begins on the date of the member's appointment to the joint board.
(f) A member appointed to the joint board for the purpose of filling
a vacancy shall serve a term limited to the duration of the previous
member's term.
(g) If a successor has not been appointed before the end of a
member's three (3) year term, the current member of the joint board
shall continue the member's service until the member's successor:
(1) has been appointed; and
(2) is able to begin the member's term.
(h) The members shall, by a majority vote, elect one (1) member to
serve as a chairperson.
(i) The joint board shall meet on a quarterly basis. The joint board
may convene additional meetings upon the request of:
(1) the chairperson; or
(2) two (2) serving members of the joint board.
SECTION 13. IC 33-40-7-5, AS AMENDED BY P.L.104-2022,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The board, or joint board of
a multicounty public defender's office created under section 3.5 of this
chapter, shall prepare a comprehensive plan that must include at least
one (1) of the following methods of providing legal defense services to
indigent persons:
(1) Establishing a county or multicounty public defender's office.
(2) Contracting with an attorney, a group of attorneys, or a private
organization.
(3) Using an assigned counsel system of panel attorneys for case
by case appointments under section 9 of this chapter.
(4) In a county described in section 1(5) of this chapter,
establishing a public defender's office for the criminal division of
the superior court.
(b) The plan prepared under subsection (a) shall be submitted to the
Indiana public defender commission on court appointed attorneys.
(c) If a multicounty public defender's joint board is established
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under section 3.5 of this chapter, the comprehensive plan shall
establish a multicounty public defender's office.
SECTION 14. IC 33-40-7-7, AS AMENDED BY P.L.69-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. A county or multicounty public defender shall
do the following:
(1) Maintain an office as approved by the board.
(2) Hire and supervise staff necessary to perform the services of
the office after the staff positions are recommended by the board
and approved by the county executive and the fiscal body or by
the joint board of a multicounty office.
(3) Keep and maintain records of all cases handled by the office
and report at least annually to the board and the Indiana public
defender commission on court appointed attorneys concerning
the operation of the office, costs, and projected needs.
SECTION 15. IC 33-40-7-11, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 11. (a) For purposes of this section, the term
"county auditor" includes a person who:
(1) is the auditor of a county that is a member of a multicounty
public defender's office described in section 3.5 of this chapter;
and
(2) is responsible for the receipt, disbursement, and accounting of
all monies distributed to the multicounty public defender's office.
(b) A county public defender board or the joint board of a
multicounty public defender's office shall submit a written request for
reimbursement to the county auditor. The request must set forth the
total of the county's or multicounty public defender's office's
expenditures for indigent defense services to the county auditor and
may be limited in a county described in section 1(5) of this chapter to
expenditures for indigent defense services provided by a particular
division of a court. The county auditor shall review the request and
certify the total of the county's or multicounty's expenditures for
indigent defense services to the Indiana public defender commission on
court appointed attorneys.
(c) Except as provided in subsection (d), upon certification by the
Indiana public defender commission on court appointed attorneys
that the county's or multicounty public defender's office's indigent
defense services meet the commission's standards, the auditor of state
comptroller shall issue a warrant to the treasurer of state for
disbursement to the county of a sum equal to forty percent (40%) of the
SEA 179 — CC 1 17
county's or multicounty public defender's office's certified expenditures
for indigent defense services provided in noncapital cases except
misdemeanors.
(d) This subsection applies to a county that is one (1) of up to
twelve (12) counties that shall be selected by the Indiana
commission on court appointed attorneys based on population and
geographic diversity. Upon certification by the Indiana commission
on court appointed attorneys that the county's or multicounty
public defender's office's indigent defense services meet the
commission's standards, the state comptroller shall issue a warrant
to the treasurer of state for disbursement to the county of a sum
that is up to forty percent (40%) of the county's or multicounty
public defender's office's certified expenditures for indigent
defense services provided for misdemeanor cases. This subsection
expires June 30, 2029.
(d) (e) If a county's indigent defense services fail to meet the
standards adopted by the Indiana public defender commission on court
appointed attorneys, the public defender Indiana commission on
court appointed attorneys shall notify the county public defender
board or the joint board of a multicounty public defender's office and
the county fiscal body of the failure to comply with the Indiana public
defender commission's standards. Unless the county or multicounty
public defender board corrects the deficiencies to comply with the
standards not more than ninety (90) days after the date of the notice,
the county's or multicounty's eligibility for reimbursement from the
public defense fund terminates at the close of that fiscal year.
(f) A county or multicounty public defender's office shall submit
to the Indiana commission on court appointed attorneys
information to be included in the annual report under
IC 33-40-5-4(a)(5) regarding expenses reported to the county
auditor for reimbursement by the Indiana commission on court
appointed attorneys.
SECTION 16. IC 35-33-7-6, AS AMENDED BY P.L.140-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) Prior to the completion of the initial hearing,
the judicial officer shall determine whether a person who requests
assigned counsel is indigent under section 6.5 of this chapter. If the
person is found to be indigent, the judicial officer shall assign counsel
to the person.
(b) If jurisdiction over an indigent defendant is transferred to
another court, the receiving court shall assign counsel immediately
upon acquiring jurisdiction over the defendant.
SEA 179 — CC 1 18
(c) If the court finds that the person is able to pay part of the cost of
representation by the assigned counsel, the court shall order the person
to pay the following:
(1) For a felony action, a fee of one two hundred dollars ($100).
($200).
(2) For a misdemeanor action, a fee of fifty one hundred dollars
($50). ($100).
(d) If the court orders the person to pay an amount described in
subdivision (1) or (2), subsection (c)(1) or (c)(2), the court shall
inquire at sentencing whether the person has paid the required amount.
(e) The clerk of the court shall deposit the first one hundred
dollars ($100) in a felony case and the first fifty dollars ($50) in a
misdemeanor case of the fees described in subsection (c) in the
county's supplemental public defender services fund established by
IC 33-40-3-1.
(f) The clerk of the court shall transfer the remaining one
hundred dollars ($100) in a felony case and the remaining fifty
dollars ($50) in a misdemeanor case of the fees described in
subsection (c) to the state comptroller for deposit in the public
defense fund established by IC 33-40-6-1. fees collected under this
subsection in the county's supplemental public defender services fund
established under IC 33-40-3-1.
(d) (g) The court may review the finding of indigency at any time
during the proceedings if:
(1) the court receives evidence of a material change in the
person's income or assets; or
(2) the person has failed to provide the court with sufficient
evidence, including documentary evidence, to sustain the court's
initial indigency determination.
SECTION 17. 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;
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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.
(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 the 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 18. An emergency is declared for this act.
SEA 179 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 179 — CC 1