Note: This version of section effective until 7-1-2025. See also following version of this section, effective 7-1-2025.

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Terms Used In Indiana Code 33-40-7-11

  • board: refers to a board established in an ordinance under section 3 of this chapter. See Indiana Code 33-40-7-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
     Sec. 11. (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 described in section 3.5 of this chapter; and

(2) is responsible for the receipt, disbursement, and accounting of all monies distributed to the multicounty public defender’s office.

     (b) A county public defender board or the joint board of a multicounty public defender’s office shall submit a written request for reimbursement to the county auditor. The request must set forth the total of the county’s or multicounty public defender’s office’s expenditures for indigent defense services to the county auditor and may be limited in a county described in section 1(5) of this chapter to expenditures for indigent defense services provided by a particular division of a court. The county auditor shall review the request and certify the total of the county’s or multicounty’s expenditures for indigent defense services to the Indiana public defender commission.

     (c) Upon certification by the Indiana public defender commission that the county’s multicounty public defender’s office’s indigent defense services meet the commission’s standards, the state comptroller shall issue a warrant to the treasurer of state for disbursement to the county of a sum equal to forty percent (40%) of the county’s multicounty public defender’s office’s certified expenditures for indigent defense services provided in noncapital cases except misdemeanors.

     (d) If a county’s indigent defense services fail to meet the standards adopted by the Indiana public defender commission, the public defender commission shall notify the county public defender board or the joint board of a multicounty public defender’s office and the county fiscal body of the failure to comply with the Indiana public defender commission’s standards. Unless the county or multicounty public defender board corrects the deficiencies to comply with the standards not more than ninety (90) days after the date of the notice, the county’s or multicounty’s eligibility for reimbursement from the public defense fund terminates at the close of that fiscal year.

[Pre-2004 Recodification Citation: 33-9-15-10.5.]

As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.9; P.L.104-2022, SEC.140; P.L.9-2024, SEC.523.

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