CHAPTER 3. SUPPLEMENTAL FUNDING FOR PUBLIC DEFENDER SERVICES
IC 33-40-3
Chapter 3. Supplemental Funding for Public Defender Services
IC 33-40-3-1
Supplemental public defender services fund; establishment
Sec. 1. A supplemental public defender services fund is
established in each county. The fund consists of amounts deposited
under:
(1) section 9 of this chapter; and
(2) IC 35-33-8-3.3.
As added by P.L.98-2004, SEC.19. Amended by P.L.173-2006,
SEC.41.
IC 33-40-3-2
Appropriation
Sec. 2. The fiscal body of the county shall appropriate money
from the fund to supplement and provide court appointed legal
services to qualified defendants.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-3
Use of fund
Sec. 3. The supplemental public defender services fund may be
used only to supplement the provision for court appointed legal
services and may not be used to replace other funding of court
appointed legal services.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-4
Reversion of money in fund
Sec. 4. Any money remaining in the fund at the end of the
calendar year does not revert to any other fund but continues in the
supplemental public defender services fund.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-5
Multiple court appointed legal service programs
Sec. 5. A county may not have more than one (1) program
providing court appointed legal services in the county, unless the
fiscal body of the county agrees to allow additional court appointed
legal services programs in the county.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-6
Payment of costs by person or parent of delinquent child;
maximum costs
Sec. 6. (a) If at any stage of a prosecution for a felony or a
misdemeanor the court makes a finding of ability to pay the costs of
representation under section 7 of this chapter, the court shall require
payment by the person or the person's parent, if the person is a child
alleged to be a delinquent child, of the following costs in addition to
other costs assessed against the person:
(1) Reasonable attorney's fees if an attorney has been appointed
for the person by the court.
(2) Costs incurred by the county as a result of court appointed
legal services rendered to the person.
(b) The clerk of the court shall deposit costs collected under this
section into the supplemental public defender services fund
established under section 1 of this chapter.
(c) A person ordered to pay any part of the costs of representation
under subsection (a) has the same rights and protections as those of
other judgment debtors under the Constitution of the State of Indiana
and under Indiana law.
(d) The sum of:
(1) the fee collected under IC 35-33-7-6;
(2) any amount assessed by the court under this section; and
(3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-7
Determination of ordering payment of costs
Sec. 7. (a) If a defendant or a child alleged to be a delinquent
child is receiving publicly paid representation, the court shall
consider:
(1) the person's independently held assets and assets available
to the spouse of the person or the person's parent if the person
is unemancipated;
(2) the person's income;
(3) the person's liabilities; and
(4) the extent of the burden that payment of costs assessed
under section 6 of this chapter would impose on the person and
the dependents of the person.
(b) If, after considering the factors described in subsection (a), the
court determines that the person is able to pay the costs of
representation, the court shall enter a finding that the person is able
to pay those additional costs.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-8
Order for costs as a civil judgment; relief from payment
Sec. 8. An order for costs assessed under section 6 of this chapter
is a civil judgment subject to the exemptions allowed debtors under
IC 34-55-10-2. At any time after entry of the order, the defendant
may petition the court that has entered the order for relief from
payment. The court may release the defendant from payment of all
or a part of the payment required by the order if the court finds that
payment would impose a hardship upon the defendant or dependents
of the defendant.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-9
Collection and deposit of fees
Sec. 9. Fees assessed under section 6 of this chapter shall be
collected by the program providing court appointed legal services in
the county. These fees shall be deposited in the supplemental public
defender services fund established under section 1 of this chapter.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-10
Establishment of fund in counties where public defender services
not provided
Sec. 10. (a) In a county with a population of more than four
hundred thousand (400,000) and less than seven hundred thousand
(700,000) in which a county public defender service is not provided,
a supplemental public defender services fund must be established in
each city for providing funding for a public defender to represent
indigent defendants in a city court.
(b) Sections 2 through 9 of this chapter apply to the locally
established supplemental public defender services fund established
under subsection (a). However, funds otherwise required to be
delivered to the county fiscal officer for maintaining a supplemental
public defender services fund under this chapter shall be deposited
with the local fiscal officer.
As added by P.L.98-2004, SEC.19.