This text of Indiana § 33-40-7-11 (Expenditures; reimbursement) 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.
(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 described in section 3.5 of this chapter;
and
(2)is responsible for the receipt, disbursement, and accounting of
all monies distributed to the multicounty public defender's office.
(b)A county public defender board or the joint board of a
multicounty public defender's office shall submit a written request for
reimbursement to the county auditor. The request must set forth the
total of the county's or multicounty public defender's office's
expenditures for indigent defense services to the county auditor and
may be limited in a county described in section 1(5) of this chapter to
expenditures for indigent defense service
Free access — add to your briefcase to read the full text and ask questions with AI
(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 described in section 3.5 of this chapter;
and
(2) is responsible for the receipt, disbursement, and accounting of
all monies distributed to the multicounty public defender's office.
(b) A county public defender board or the joint board of a
multicounty public defender's office shall submit a written request for
reimbursement to the county auditor. The request must set forth the
total of the county's or multicounty public defender's office's
expenditures for indigent defense services to the county auditor and
may be limited in a county described in section 1(5) of this chapter to
expenditures for indigent defense services provided by a particular
division of a court. The county auditor shall review the request and
certify the total of the county's or multicounty's expenditures for
indigent defense services to the Indiana commission on court appointed
attorneys.
(c) Except as provided in subsection (d), upon certification by the
Indiana commission on court appointed attorneys that the county's or
multicounty public defender's office's indigent defense services meet
the commission's standards, the state comptroller shall issue a warrant
to the treasurer of state for disbursement to the county of a sum equal
to forty percent (40%) of the county's or multicounty public defender's
office's certified expenditures for indigent defense services provided in
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.
Upon certification by the Indiana commission on court appointed
attorneys that the county's or multicounty public defender's office's
indigent defense services meet the commission's standards, the state
comptroller shall issue a warrant to the treasurer of state for
disbursement to the county of a sum that is up to forty percent (40%)
of the county's or multicounty public defender's office's certified
expenditures for indigent defense services provided for misdemeanor
cases. This subsection expires June 30, 2029.
(e) If a county's indigent defense services fail to meet the standards
adopted by the Indiana commission on court appointed attorneys, the
Indiana commission on court appointed attorneys shall notify the
county public defender board or the joint board of a multicounty public
defender's office and the county fiscal body of the failure to comply
with the commission's standards. Unless the county or multicounty
public defender board corrects the deficiencies to comply with the
standards not more than ninety (90) days after the date of the notice,
the county's or multicounty's eligibility for reimbursement from the
public defense fund terminates at the close of that fiscal year.
(f) A county or multicounty public defender's office shall submit to
the Indiana commission on court appointed attorneys information to be
included in the annual report under IC 33-40-5-4(a)(5) regarding
expenses reported to the county auditor for reimbursement by the
Indiana commission on court appointed attorneys.
[Pre-2004 Recodification Citation: 33-9-15-10.5.]