Indigent defendant; assignment of counsel; payment to
supplemental public defender services fund
Sec. 6. (a) Prior to the completion of the initial hearing, the
judicial officer shall determine whether a person who requests
assigned counsel is indigent. If the person is found to be indigent, the
judicial officer shall assign counsel to the person.
(b) If jurisdiction over an indigent defendant is transferred to
another court, the receiving court shall assign counsel immediately
upon acquiring jurisdiction over the defendant.
(c) If the court finds that the person is able to pay part of the cost
of representation by the assigned counsel, the court shall order the
person to pay the following:
(1) For a felony action, a fee of one hundred dollars ($100).
(2) For a misdemeanor action, a fee of fifty dollars ($50).
The clerk of the court shall deposit fees collected under this
subsection in the county's supplemental public defender services
fund established under IC 33-40-3-1.
(d) The court may review the finding of indigency at any time
during the proceedings.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996,
SEC.11; P.L.98-2004, SEC.139.
Last modified: May 24, 2006