CHAPTER 6. PUBLIC DEFENSE FUND
IC 33-40-6
Chapter 6. Public Defense Fund
IC 33-40-6-1
Purpose; administration
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 division of state
court administration of the supreme court.
As added by P.L.98-2004, SEC.19.
IC 33-40-6-2
Investment of funds
Sec. 2. The treasurer of state shall invest the money in the fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
As added by P.L.98-2004, SEC.19.
IC 33-40-6-3
Reversion of money to state general fund
Sec. 3. Money in the fund at the end of a fiscal year does not
revert to the state general fund.
As added by P.L.98-2004, SEC.19.
IC 33-40-6-4
Certified request for reimbursement for indigent defense services
Sec. 4. (a) A county auditor may submit on a quarterly basis a
certified request to the public defender commission 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.
(b) A county auditor may submit on a quarterly basis a certified
request to the public defender commission for reimbursement from
the public defense fund for an amount equal to forty percent (40%)
of the county's expenditures for indigent defense services provided
in all noncapital cases except misdemeanors.
(c) A request under this section from a county described in
IC 33-40-7-1(3) may be limited to expenditures for indigent defense
services provided by a particular division of a court.
As added by P.L.98-2004, SEC.19.
IC 33-40-6-5
Amount of reimbursement for indigent defense services;
disbursement
Sec. 5. (a) Except as provided under section 6 of this chapter,
upon certification by a county auditor and a determination by the
public defender 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:
(1) that is equal to fifty percent (50%) of the county'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) that is equal to forty percent (40%) of the county's certified
expenditures for defense services provided in noncapital cases
except misdemeanors.
The division of state court administration shall then certify to the
auditor of state the amount of reimbursement owed to a county under
this chapter.
(b) Upon receiving certification from the division of state court
administration, the auditor of state shall issue a warrant to the
treasurer of state for disbursement to the county of the amount
certified.
As added by P.L.98-2004, SEC.19.
IC 33-40-6-6
Certified claims in capital cases given priority
Sec. 6. The commission shall give priority to certified claims for
reimbursement in capital cases. If the balance in the public defense
fund is not adequate to fully reimburse all certified claims in
noncapital cases, the commission shall prorate reimbursement of
certified claims in noncapital cases.
As added by P.L.98-2004, SEC.19. Amended by P.L.85-2004,
SEC.29.