(a) The advisory council shall conduct a comprehensive survey of all Indiana trial courts that make indigency determinations for the purposes of appointing counsel in criminal cases. The advisory council shall gather, at a minimum, the following information from each court:
- (1) The procedures the court uses to make an indigency determination when appointing counsel in criminal cases.
- (2) Any procedures used by the court or other county entity to verify the information provided to the court by a defendant, including income, assets, expenses, and employment status.
- (3) Any materials, including forms, scales, income thresholds, written policies, or other similar materials that are used in the determination of indigency.
- (4) Any methodology the court uses to determine the cost to a defendant to retain private counsel in its community for a particular case level or type.
(b) The advisory council shall submit a report to the legislative council in an electronic format under IC 5-14-6 before July 1, 2025. The report must make comprehensive recommendations and must include, at a minimum, the following information:
- (1) A statewide, consistent policy for courts to use when making indigency determinations.
- (2) A review of the current case law, statutes, and court rules regarding indigency determinations.
(3) A review of the statutory duties of any state entity, including:
- (A) before July 1, 2024, the public defender commission; or
(B) after June 30, 2024, the Indiana commission on court appointed attorneys, as established by IC 33-40-5-2 ;
regarding the establishment of standards and guidelines regarding indigency determinations, including any recommendations for statutory changes.
- (4) The results of the survey conducted under subsection (a).
- (c) Expenses incurred by the advisory council under this section may be paid from existing appropriations to the public defense fund established by IC 33-40-6-1 .
- (d) This section expires January 1, 2026.
As added by P.L.111-2024, SEC.4.