CHAPTER 6. PUBLIC DEFENSE FUND

IC 33-40-6
    Chapter 6. Public Defense Fund

IC 33-40-6-1
Purpose; administration
    Sec. 1. The public defense fund is established to receive courtcosts or other revenues for county reimbursement and administrativeexpenses. The fund shall be administered by the division of statecourt administration of the supreme court.
As added by P.L.98-2004, SEC.19.

IC 33-40-6-2
Investment of funds
    Sec. 2. The treasurer of state shall invest the money in the fundnot currently needed to meet the obligations of the fund in the samemanner as other public funds may be invested.
As added by P.L.98-2004, SEC.19.

IC 33-40-6-3
Reversion of money to state general fund
    Sec. 3. Money in the fund at the end of a fiscal year does notrevert to the state general fund.
As added by P.L.98-2004, SEC.19.

IC 33-40-6-4
Certified request for reimbursement for indigent defense services
    Sec. 4. (a) A county auditor may submit on a quarterly basis acertified request to the public defender commission forreimbursement from the public defense fund for an amount equal tofifty percent (50%) of the county's expenditures for indigent defenseservices provided to a defendant against whom the death sentence issought under IC 35-50-2-9.
    (b) A county auditor may submit on a quarterly basis a certifiedrequest to the public defender commission for reimbursement fromthe public defense fund for an amount equal to forty percent (40%)of the county's expenditures for indigent defense services providedin all noncapital cases except misdemeanors.
    (c) A request under this section from a county described inIC 33-40-7-1(3) may be limited to expenditures for indigent defenseservices provided by a particular division of a court.
As added by P.L.98-2004, SEC.19.

IC 33-40-6-5
Amount of reimbursement for indigent defense services;disbursement
    Sec. 5. (a) Except as provided under section 6 of this chapter,upon certification by a county auditor and a determination by thepublic defender commission that the request is in compliance withthe guidelines and standards set by the commission, the commissionshall quarterly authorize an amount of reimbursement due the

county:
        (1) that is equal to fifty percent (50%) of the county's certifiedexpenditures for indigent defense services provided for adefendant against whom the death sentence is sought underIC 35-50-2-9; and
        (2) that is equal to forty percent (40%) of the county's certifiedexpenditures for defense services provided in noncapital casesexcept misdemeanors.
The division of state court administration shall then certify to theauditor of state the amount of reimbursement owed to a county underthis chapter.
    (b) Upon receiving certification from the division of state courtadministration, the auditor of state shall issue a warrant to thetreasurer of state for disbursement to the county of the amountcertified.
As added by P.L.98-2004, SEC.19.

IC 33-40-6-6
Certified claims in capital cases given priority
    Sec. 6. The commission shall give priority to certified claims forreimbursement in capital cases. If the balance in the public defensefund is not adequate to fully reimburse all certified claims innoncapital cases, the commission shall prorate reimbursement ofcertified claims in noncapital cases.
As added by P.L.98-2004, SEC.19. Amended by P.L.85-2004,SEC.29.