Indiana § 33-40-6-5 Commission; amount of reimbursement for indigent defense services;
disbursement

Indiana Statutes

§ 33-40-6-5 — Commission; amount of reimbursement for indigent defense services; disbursement

Indiana § 33-40-6-5

Art. 40PUBLIC DEFENDERS

Ch. 6Public Defense Fund

This text of Indiana § 33-40-6-5 (Commission; amount of reimbursement for indigent defense services; disbursement) 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 § 33-40-6-5 (2026).

Text

(a)As used in this section, "commission" means the Indiana commission on court appointed attorneys established by IC 33-40-5-2.

(b)Except as provided under section 6 of this chapter, upon certification by a county auditor and a determination by the 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 or multicounty public defender's office:

(1)that is equal to fifty percent (50%) of the county's or multicounty public defender's office'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)except as provided in subsection (c), that is equal to forty percent (40%) o

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(a) As used in this section, "commission"
means the Indiana commission on court appointed attorneys established
by IC 33-40-5-2.
(b) Except as provided under section 6 of this chapter, upon
certification by a county auditor and a determination by the
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 or multicounty
public defender's office:
(1) that is equal to fifty percent (50%) of the county's or
multicounty public defender's office'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) except as provided in subsection (c), that is equal to forty
percent (40%) of the county's or multicounty public defender's
office's certified expenditures for defense services provided in
noncapital cases except misdemeanors.
The commission shall then certify to the state comptroller the amount
of reimbursement owed to a county or multicounty public defender's
office under this chapter.
(c) This subsection applies to a county that is one (1) of up to twelve
(12) counties that shall be selected by the commission based on
population and geographic diversity. Upon certification by a county
auditor and a determination by the commission that the request is in
compliance with the guidelines and standards set by the commission,
the commission may quarterly authorize an amount of reimbursement
due the county or multicounty public defender's office that is up to forty
percent (40%) of the county's or multicounty public defender's office's
certified expenditures for defense services provided in misdemeanor
cases. This subsection expires June 30, 2029.
(d) The commission may substitute a county described in subsection
(c) with a county with similar population and geographic
characteristics if the county described in subsection (c) declines to
participate in the misdemeanor reimbursement. If a county is
substituted under this subsection, the commission shall publish on its
website the replacement county.
(e) Upon receiving certification from the commission, the state
comptroller shall issue a warrant to the treasurer of state for
disbursement to the county or multicounty public defender's office of
the amount certified.
(f) The commission shall include in its report under IC 33-40-5-4(a)(5) information regarding requested reimbursements and
amounts certified for reimbursements to each county or multicounty
public defender's office under subsections (b) and (c).
[Pre-2004 Recodification Citation: 33-9-14-5.]

Legislative History

As added by P.L.98-2004, SEC.19. Amended by P.L.161-2018, SEC.106; P.L.69-2019, SEC.3; P.L.9-2024, SEC.522; P.L.111-2024, SEC.10; P.L.1-2025, SEC.225.