Sec. 4. (a) The responsible party may petition the court before which the responsible party is to be tried or in which the responsible party has been convicted for an order requiring the division to distribute money from the escrow account to the responsible party in an amount up to the total in the escrow account at the time the petition is filed.

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Terms Used In Indiana Code 5-2-6.3-4

  • division: refers to the victim services division of the Indiana criminal justice institute. See Indiana Code 5-2-6.3-1
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • responsible party: means an individual who has been formally charged with or convicted of a felony. See Indiana Code 5-2-6.3-2
     (b) The court shall make an order under subsection (a) only upon a showing that:

(1) without use of the money held in the escrow account, the responsible party would be indigent; and

(2) the money will be used for the exclusive purpose of retaining legal counsel or for investigation during any stage of the felony proceedings against the responsible party, including the appeals process.

     (c) Upon receipt of a court order issued under this section, the division shall distribute the required amount from the money in the escrow account.

As added by P.L.47-1993, SEC.3.