Sec. 2.2. (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.

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Terms Used In Indiana Code 33-38-9.5-2.2

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.

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