Indiana Statutes

§ 33-40-3-7 — Payment by defendant for cost of public defender services; considerations

Indiana § 33-40-3-7
JurisdictionIndiana
Art. 40PUBLIC DEFENDERS
Ch. 3Supplemental Funding for Public Defender Services

This text of Indiana § 33-40-3-7 (Payment by defendant for cost of public defender services; considerations) 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 § 33-40-3-7 (2026).

Text

(a)If a defendant 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. [Pre-2004 Recodification Citation: 33-9-11.5-7.]

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Related

Jones v. State
938 N.E.2d 1248 (Indiana Court of Appeals, 2010)
14 case citations
Lamonte v. State
839 N.E.2d 172 (Indiana Court of Appeals, 2005)
12 case citations
Hall v. State
826 N.E.2d 99 (Indiana Court of Appeals, 2005)
6 case citations
Louis K. Rose v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2020)
Brionna McCloud v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2017)
Brandon Price v. State of Indiana
(Indiana Court of Appeals, 2012)

Legislative History

As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023, SEC.6.

Nearby Sections

15
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Bluebook (online)
Indiana § 33-40-3-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/33-40-3-7.