(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; and
- (2) is responsible for the receipt, disbursement, and accounting of all monies distributed to the multicounty public defender's office.
- (b) A county auditor may submit on a quarterly basis a certified request to the Indiana commission on court appointed attorneys for reimbursement from the public defense fund for an amount equal to fifty percent (50%) of the county's expenditures for indigent defense services provided to a defendant against whom the death sentence is sought under IC 35-50-2-9 .
- (c) Except as provided in subsection (d), a county auditor may submit on a quarterly basis a certified request to the Indiana commission on court appointed attorneys for reimbursement from the public defense fund for an amount equal to forty percent (40%) of the county's or multicounty public defender's office's expenditures for indigent defense services provided in all 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. A county auditor may submit on a quarterly basis a certified request to the Indiana commission on court appointed attorneys for reimbursement from the public defense fund for an amount that is up to forty percent (40%) of the county's or multicounty public defender's office's expenditures for indigent defense services provided in misdemeanor cases. This subsection expires June 30, 2029.
- (e) The Indiana commission on court appointed attorneys may substitute a county described in subsection (d) with a county with similar population and geographic characteristics if the county described in subsection (d) declines to participate in the misdemeanor reimbursement. If a county is substituted under this subsection, the Indiana commission on court appointed attorneys shall publish on its website the replacement county.
- (f) A request under this section from a county described in IC 33-40-7-1 (5) may be limited to expenditures for indigent defense services provided by a particular division of a court.
(g) A county auditor shall submit quarterly to the Indiana commission on court appointed attorneys information to be included in the report under IC 33-40-5-4 (a)(5) regarding reimbursements requested and received from the public defense fund for the county's expenditures for indigent defense services provided under subsections (b), (c), and (d).
[Pre-2004 Recodification Citation: 33-9-14-4.]
As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.2; P.L.104-2022, SEC.137; P.L.111-2024, SEC.9.