Indiana § 33-40-6-4 Certified request for reimbursement for indigent defense services

Indiana Statutes

§ 33-40-6-4 — Certified request for reimbursement for indigent defense services

Indiana·Art. 40 PUBLIC DEFENDERS·Ch. 6 Public Defense Fund

(a)For purposes of this section, the term "county auditor" includes a person who:

(1)is the auditor of a county that is a member of a multicounty public defender's office; and

(2)is responsible for the receipt, disbursement, and accounting of all monies distributed to the multicounty public defender's office.

(b)A county auditor may submit on a quarterly basis a certified request to the Indiana commission on court appointed attorneys 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.

(c)Except as provided in subsection (d), a county auditor may submit on a quarterly basis a certified request to the India

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(a) For purposes of this section, the term
"county auditor" includes a person who:
(1) is the auditor of a county that is a member of a multicounty
public defender's office; and
(2) is responsible for the receipt, disbursement, and accounting of
all monies distributed to the multicounty public defender's office.
(b) A county auditor may submit on a quarterly basis a certified
request to the Indiana commission on court appointed attorneys 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.
(c) Except as provided in subsection (d), a county auditor may
submit on a quarterly basis a certified request to the Indiana
commission on court appointed attorneys for reimbursement from the
public defense fund for an amount equal to forty percent (40%) of the
county's or multicounty public defender's office's expenditures for
indigent defense services provided in all noncapital cases except
misdemeanors.
(d) This subsection applies to a county that is one (1) of up to twelve
(12) counties that shall be selected by the Indiana commission on court
appointed attorneys based on population and geographic diversity. A
county auditor may submit on a quarterly basis a certified request to the
Indiana commission on court appointed attorneys for reimbursement
from the public defense fund for an amount that is up to forty percent
(40%) of the county's or multicounty public defender's office's
expenditures for indigent defense services provided in misdemeanor
cases. This subsection expires June 30, 2029.
(e) The Indiana commission on court appointed attorneys may
substitute a county described in subsection (d) with a county with
similar population and geographic characteristics if the county
described in subsection (d) declines to participate in the misdemeanor
reimbursement. If a county is substituted under this subsection, the
Indiana commission on court appointed attorneys shall publish on its
website the replacement county.
(f) A request under this section from a county described in IC 33-40-7-1(5) may be limited to expenditures for indigent defense
services provided by a particular division of a court.
(g) A county auditor shall submit quarterly to the Indiana
commission on court appointed attorneys information to be included in
the report under IC 33-40-5-4(a)(5) regarding reimbursements
requested and received from the public defense fund for the county's
expenditures for indigent defense services provided under subsections
(b), (c), and (d).
[Pre-2004 Recodification Citation: 33-9-14-4.]

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