CHAPTER 3. SUPPLEMENTAL FUNDING FOR PUBLIC DEFENDER SERVICES
IC 33-40-3
Chapter 3. Supplemental Funding for Public Defender Services
IC 33-40-3-1
Supplemental public defender services fund; establishment
Sec. 1. A supplemental public defender services fund isestablished in each county. The fund consists of amounts depositedunder:
(1) section 9 of this chapter; and
(2) IC 35-33-8-3.3.
As added by P.L.98-2004, SEC.19. Amended by P.L.173-2006,SEC.41.
IC 33-40-3-2
Appropriation
Sec. 2. The fiscal body of the county shall appropriate moneyfrom the fund to supplement and provide court appointed legalservices to qualified defendants.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-3
Use of fund
Sec. 3. The supplemental public defender services fund may beused only to supplement the provision for court appointed legalservices and may not be used to replace other funding of courtappointed legal services.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-4
Reversion of money in fund
Sec. 4. Any money remaining in the fund at the end of thecalendar year does not revert to any other fund but continues in thesupplemental public defender services fund.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-5
Multiple court appointed legal service programs
Sec. 5. A county may not have more than one (1) programproviding court appointed legal services in the county, unless thefiscal body of the county agrees to allow additional court appointedlegal services programs in the county.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-6
Payment of costs by person or parent of delinquent child;maximum costs
Sec. 6. (a) If at any stage of a prosecution for a felony or amisdemeanor the court makes a finding of ability to pay the costs ofrepresentation under section 7 of this chapter, the court shall requirepayment by the person or the person's parent, if the person is a child
alleged to be a delinquent child, of the following costs in addition toother costs assessed against the person:
(1) Reasonable attorney's fees if an attorney has been appointedfor the person by the court.
(2) Costs incurred by the county as a result of court appointedlegal services rendered to the person.
(b) The clerk of the court shall deposit costs collected under thissection into the supplemental public defender services fundestablished under section 1 of this chapter.
(c) A person ordered to pay any part of the costs of representationunder subsection (a) has the same rights and protections as those ofother judgment debtors under the Constitution of the State of Indianaand under Indiana law.
(d) The sum of:
(1) the fee collected under IC 35-33-7-6;
(2) any amount assessed by the court under this section; and
(3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-7
Determination of ordering payment of costs
Sec. 7. (a) If a defendant or a child alleged to be a delinquentchild is receiving publicly paid representation, the court shallconsider:
(1) the person's independently held assets and assets availableto the spouse of the person or the person's parent if the personis unemancipated;
(2) the person's income;
(3) the person's liabilities; and
(4) the extent of the burden that payment of costs assessedunder section 6 of this chapter would impose on the person andthe dependents of the person.
(b) If, after considering the factors described in subsection (a), thecourt determines that the person is able to pay the costs ofrepresentation, the court shall enter a finding that the person is ableto pay those additional costs.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-8
Order for costs as a civil judgment; relief from payment
Sec. 8. An order for costs assessed under section 6 of this chapteris a civil judgment subject to the exemptions allowed debtors underIC 34-55-10-2. At any time after entry of the order, the defendantmay petition the court that has entered the order for relief frompayment. The court may release the defendant from payment of allor a part of the payment required by the order if the court finds thatpayment would impose a hardship upon the defendant or dependentsof the defendant.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-9
Collection and deposit of fees
Sec. 9. Fees assessed under section 6 of this chapter shall becollected by the program providing court appointed legal services inthe county. These fees shall be deposited in the supplemental publicdefender services fund established under section 1 of this chapter.
As added by P.L.98-2004, SEC.19.
IC 33-40-3-10
Establishment of fund in counties where public defender servicesnot provided
Sec. 10. (a) In a county with a population of more than fourhundred thousand (400,000) and less than seven hundred thousand(700,000) in which a county public defender service is not provided,a supplemental public defender services fund must be established ineach city for providing funding for a public defender to representindigent defendants in a city court.
(b) Sections 2 through 9 of this chapter apply to the locallyestablished supplemental public defender services fund establishedunder subsection (a). However, funds otherwise required to bedelivered to the county fiscal officer for maintaining a supplementalpublic defender services fund under this chapter shall be depositedwith the local fiscal officer.
As added by P.L.98-2004, SEC.19.