§ 35-33-7-6 — Indigent defendant; assignment of counsel; ability to pay; transfer of fees

Indiana § 35-33-7-6

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 7: Probable Cause; Initial Hearing

Text

(a) Prior to the completion of the initial
hearing, the judicial officer shall determine whether a person who
requests assigned counsel is indigent under section 6.5 of this chapter.
If the person is found to be indigent, the judicial officer shall assign
counsel to the person.
(b) If jurisdiction over an indigent defendant is transferred to
another court, the receiving court shall assign counsel immediately
upon acquiring jurisdiction over the defendant.
(c) If the court finds that the person is able to pay part of the cost of
representation by the assigned counsel, the court shall order the person
to pay the following:
(1) For a felony action, a fee of two hundred dollars ($200).
(2) For a misdemeanor action, a fee of one hundred dollars
($100).
(d) If the court orders the person to pay an amount described in
subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether
the person has paid the required amount.
(e) The clerk of the court shall deposit the first one hundred dollars
($100) in a felony case and the first fifty dollars ($50) in a
misdemeanor case of the fees described in subsection (c) in the
county's supplemental public defender services fund established by IC 33-40-3-1.
(f) The clerk of the court shall transfer the remaining one hundred
dollars ($100) in a felony case and the remaining fifty dollars ($50) in
a misdemeanor case of the fees described in subsection (c) to the state
comptroller for deposit in the public defense fund established by IC 33-40-6-1.
(g) The court may review the finding of indigency at any time
during the proceedings if:
(1) the court receives evidence of a material change in the
person's income or assets; or
(2) the person has failed to provide the court with sufficient
evidence, including documentary evidence, to sustain the court's
initial indigency determination.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1;
P.L.111-2024, SEC.16.