Indiana § 33-38-9.5-2.2 Justice reinvestment advisory council survey of trial courts; report to
legislative council

Indiana Statutes

§ 33-38-9.5-2.2 — Justice reinvestment advisory council survey of trial courts; report to legislative council

Indiana § 33-38-9.5-2.2

Art. 38JUDGES

Ch. 9.5Justice Reinvestment Advisory Council

This text of Indiana § 33-38-9.5-2.2 (Justice reinvestment advisory council survey of trial courts; report to legislative council) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 33-38-9.5-2.2 (2026).

Text

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 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 defendan

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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 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.