SB0179: Commission on court appointed attorneys.

Legislative Summary

Commission on court appointed attorneys. 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. Changes the name of the Indiana public defender commission to the Indiana commission on court appointed attorneys (commission). Provides that from July 1, 2025, through June 30, 2029, certain counties may be reimbursed for 40% of indigent defense services provided for misdemeanors in a superior or circuit court. (Current law excludes misdemeanors from reimbursement.) Requires the commission 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. Requires each clerk of the court to make an annual report to the commission concerning certain fees. Changes the distribution of fees for indigent defendant representation. Increases certain fees if a court finds a person is able to pay the cost of representation by counsel. Prohibits the commission from: (1) receiving additional appropriations from the general assembly for misdemeanor reimbursement; or (2) reimbursing certain counties for misdemeanor reimbursement; before July 1, 2029. 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, to assist the court in determining whether the person is indigent. 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. Allows such a court to request any additional information needed from the person to verify the accuracy of the information submitted in the form.