reglab/housing_qa huggingface dataset:
IN Code § 33-40-3-5 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 3. Supplemental Funding for Public Defender Services|33-40-3-5. Multiple Court Appointed Legal Service Programs

Sec. 5. A county may not have more than one (1) program providing court appointed legal services in the county, unless the fiscal body of the county agrees to allow additional court appointed legal services programs in the county.[Pre-2004 Recodification Citation: 33-9-11.5-5.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-3-6 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 3. Supplemental Funding for Public Defender Services|33-40-3-6. Payment of Costs by Person or Parent of Delinquent Child; Maximum Costs

Sec. 6. (a) If at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation under section 7 of this chapter, the court shall require payment by the person or the person's parent, if the person is a child alleged to be a delinquent child, of the following costs in addition to other costs assessed against the person:(1) Reasonable attorney's fees if an attorney has been appointed for the person by the court.(2) Costs incurred by the county as a result of court appointed legal services rendered to the person.(b) The clerk of the court shall deposit costs collected under this section into the supplemental public defender services fund established under section 1 of this chapter.(c) A person ordered to pay any part of the costs of representation under subsection (a) has the same rights and protections as those of other judgment debtors under the Constitution of the State of Indiana and under Indiana law.(d) The sum of:(1) the fee collected under IC 35-33-7-6;(2) any amount assessed by the court under this section; and(3) any amount ordered to be paid under IC 33-37-2-3;may not exceed the cost of defense services rendered to the person.[Pre-2004 Recodification Citation: 33-9-11.5-6.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-3-7 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 3. Supplemental Funding for Public Defender Services|33-40-3-7. Determination of Ordering Payment of Costs

Sec. 7. (a) If a defendant or a child alleged to be a delinquent child is receiving publicly paid representation, the court shall consider:(1) the person's independently held assets and assets available to the spouse of the person or the person's parent if the person is unemancipated;(2) the person's income;(3) the person's liabilities; and(4) the extent of the burden that payment of costs assessed under section 6 of this chapter would impose on the person and the dependents of the person.(b) If, after considering the factors described in subsection (a), the court determines that the person is able to pay the costs of representation, the court shall enter a finding that the person is able to pay those additional costs.[Pre-2004 Recodification Citation: 33-9-11.5-7.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-3-8 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 3. Supplemental Funding for Public Defender Services|33-40-3-8. Order for Costs as a Civil Judgment; Relief From Payment

Sec. 8. An order for costs assessed under section 6 of this chapter is a civil judgment subject to the exemptions allowed debtors under IC 34-55-10-2. At any time after entry of the order, the defendant may petition the court that has entered the order for relief from payment. The court may release the defendant from payment of all or a part of the payment required by the order if the court finds that payment would impose a hardship upon the defendant or dependents of the defendant.[Pre-2004 Recodification Citation: 33-9-11.5-8.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-3-9 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 3. Supplemental Funding for Public Defender Services|33-40-3-9. Collection and Deposit of Fees

Sec. 9. Fees assessed under section 6 of this chapter shall be collected by the program providing court appointed legal services in the county. These fees shall be deposited in the supplemental public defender services fund established under section 1 of this chapter.[Pre-2004 Recodification Citation: 33-9-11.5-9.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-3-10 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 3. Supplemental Funding for Public Defender Services|33-40-3-10. Establishment of Fund in Counties Where Public Defender Services Not Provided

Sec. 10. (a) In a county with a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) in which a county public defender service is not provided, a supplemental public defender services fund must be established in each city for providing funding for a public defender to represent indigent defendants in a city court.(b) Sections 2 through 9 of this chapter apply to the locally established supplemental public defender services fund established under subsection (a). However, funds otherwise required to be delivered to the county fiscal officer for maintaining a supplemental public defender services fund under this chapter shall be deposited with the local fiscal officer.[Pre-2004 Recodification Citation: 33-9-11.5-10.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-4-1 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 4. Public Defender Council|33-40-4-1. "Council" Defined

Sec. 1. As used in this chapter, "council" refers to the public defender council of Indiana established by section 2 of this chapter.[2004 Recodification Citation: New.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-4-2 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 4. Public Defender Council|33-40-4-2. Establishment

Sec. 2. (a) There is established a public defender council of Indiana.(b) The council's membership consists of all:(1) public defenders;(2) contractual pauper counsel; and(3) other court appointed attorneys regularly appointed to represent indigent defendants.[Pre-2004 Recodification Citation: 33-9-12-1.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-4-3 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 4. Public Defender Council|33-40-4-3. Board of Directors; Members

Sec. 3. The activities of the council shall be directed by an eleven (11) member board of directors, ten (10) of whom shall be elected by the entire membership of the council, and the state public defender.[Pre-2004 Recodification Citation: 33-9-12-2.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-4-4 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 4. Public Defender Council|33-40-4-4. Executive Director; Staff

Sec. 4. The council may employ an executive director, staff, and clerical personnel as necessary to carry out the council's purposes.[Pre-2004 Recodification Citation: 33-9-12-3.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-4-5 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 4. Public Defender Council|33-40-4-5. Duties

Sec. 5. The council shall:(1) assist in the coordination of the duties of the attorneys engaged in the defense of indigents at public expense;(2) prepare manuals of procedure;(3) assist in the preparation of trial briefs, forms, and instructions;(4) conduct research and studies of interest or value to all such attorneys; and(5) maintain liaison contact with study commissions, organizations, and agencies of all branches of local, state, and federal government that will benefit criminal defense as part of the fair administration of justice in Indiana.[Pre-2004 Recodification Citation: 33-9-12-4.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-5-1 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 5. Public Defender Commission|33-40-5-1. "Commission" Defined

Sec. 1. As used in this chapter, "commission" refers to the Indiana public defender commission established by section 2 of this chapter.As added by P.L.98-2004, SEC.19.
IN Code § 33-40-5-2 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 5. Public Defender Commission|33-40-5-2. Establishment; Composition

Sec. 2. (a) The Indiana public defender commission is established.(b) The commission is composed of the following eleven (11) members, none of whom may be a law enforcement officer or a court employee:(1) Three (3) members appointed by the governor, with not more than two (2) of these individuals belonging to the same political party.(2) Three (3) members appointed by the chief justice of the supreme court, with not more than two (2) of these individuals belonging to the same political party.(3) One (1) member appointed by the board of trustees of the Indiana criminal justice institute, who is an attorney admitted to practice law in Indiana.(4) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives. The members appointed under this subdivision may not be from the same political party.(5) Two (2) members of the senate, to be appointed by the president pro tempore of the senate. The members appointed under this subdivision may not be from the same political party.[Pre-2004 Recodification Citation: 33-9-13-1.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-5-3 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 5. Public Defender Commission|33-40-5-3. Chairperson; Term of Office; Vacancies; Reimbursement of Expenses; Salary; Meetings

Sec. 3. (a) The members of the commission shall designate one (1) member of the commission as chairperson.(b) The term of office of each member of the commission is four (4) years. A vacancy occurring among the members of the commission before the expiration of a term shall be filled in the same manner as the original appointment. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term.(c) Each member of the commission who is a state employee is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.(d) A member of the commission who is not a state employee is entitled to:(1) the minimum salary per diem provided by IC 4-10-11-2.1(b); and(2) reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.(e) The commission shall meet at least quarterly and at times called by the chairperson or at the request of three (3) commission members.[Pre-2004 Recodification Citation: 33-9-13-2.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-5-4 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 5. Public Defender Commission|33-40-5-4. Duties

Sec. 4. The commission shall do the following:(1) Make recommendations to the supreme court concerning standards for indigent defense services provided for defendants against whom the state has sought the death sentence under IC 35-50-2-9, including the following:(A) Determining indigency and eligibility for legal representation.(B) Selection and qualifications of attorneys to represent indigent defendants at public expense.(C) Determining conflicts of interest.(D) Investigative, clerical, and other support services necessary to provide adequate legal representation.(2) Adopt guidelines and standards for indigent defense services under which the counties will be eligible for reimbursement under IC 33-40-6, including the following:(A) Determining indigency and the eligibility for legal representation.(B) The issuance and enforcement of orders requiring the defendant to pay for the costs of court appointed legal representation under IC 33-40-3.(C) The use and expenditure of funds in the county supplemental public defender services fund established under IC 33-40-3-1.(D) Qualifications of attorneys to represent indigent defendants at public expense.(E) Compensation rates for salaried, contractual, and assigned counsel.(F) Minimum and maximum caseloads of public defender offices and contract attorneys.(G) Requirements concerning the creation and operation of a multicounty public defender's office created under an interlocal agreement as described in IC 33-40-7-3.5.(3) Make recommendations concerning the delivery of indigent defense services in Indiana, including the funding and delivery of indigent defense services for juveniles.(4) Make an annual report to the governor, the general assembly, and the supreme court on the operation of the public defense fund.The report to the general assembly under subdivision (4) must be in an electronic format under IC 5-14-6.[Pre-2004 Recodification Citation: 33-9-13-3.]As added by P.L.98-2004, SEC.19. Amended by P.L.187-2015, SEC.41; P.L.69-2019, SEC.1.
IN Code § 33-40-5-5 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 5. Public Defender Commission|33-40-5-5. Staff Support

Sec. 5. The commission shall hire staff to support the commission. The commission may enter into contracts for any additional staff support that the commission determines is necessary to implement this section.[Pre-2004 Recodification Citation: 33-9-13-4.]As added by P.L.98-2004, SEC.19. Amended by P.L.84-2016, SEC.153.
IN Code § 33-40-6-1 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 6. Public Defense Fund|33-40-6-1. Purpose; Administration

Sec. 1. The public defense fund is established to receive court costs or other revenues for county reimbursement and administrative expenses. The fund shall be administered by the Indiana public defender commission (established by IC 33-40-5-2).[Pre-2004 Recodification Citation: 33-9-14-1.]As added by P.L.98-2004, SEC.19. Amended by P.L.161-2018, SEC.105.
IN Code § 33-40-6-2 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 6. Public Defense Fund|33-40-6-2. Investment of Funds

Sec. 2. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.[Pre-2004 Recodification Citation: 33-9-14-2.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-6-3 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 6. Public Defense Fund|33-40-6-3. Reversion of Money to State General Fund

Sec. 3. Money in the fund at the end of a fiscal year does not revert to the state general fund.[Pre-2004 Recodification Citation: 33-9-14-3.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-6-4 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 6. Public Defense Fund|33-40-6-4. Certified Request for Reimbursement for Indigent Defense Services

Sec. 4. (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 public defender commission 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) A county auditor may submit on a quarterly basis a certified request to the public defender commission 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) A request under this section from a county described in IC 33-40-7-1(3) may be limited to expenditures for indigent defense services provided by a particular division of a court.[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.
IN Code § 33-40-6-5 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 6. Public Defense Fund|33-40-6-5. Commission; Amount of Reimbursement for Indigent Defense Services; Disbursement

Sec. 5. (a) As used in this section, "commission" means the Indiana public defender commission established by IC 33-40-5-2.(b) Except as provided under section 6 of this chapter, upon certification by a county auditor and a determination by the commission that the request is in compliance with the guidelines and standards set by the commission, the commission shall quarterly authorize an amount of reimbursement due the county or multicounty public defender's office:(1) that is equal to fifty percent (50%) of the county's or multicounty public defender's office's certified expenditures for indigent defense services provided for a defendant against whom the death sentence is sought under IC 35-50-2-9; and(2) that is equal to forty percent (40%) of the county's or multicounty public defender's office's certified expenditures for defense services provided in noncapital cases except misdemeanors.The commission shall then certify to the auditor of state the amount of reimbursement owed to a county or multicounty public defender's office under this chapter.(c) Upon receiving certification from the commission, the auditor of state shall issue a warrant to the treasurer of state for disbursement to the county or multicounty public defender's office of the amount certified.[Pre-2004 Recodification Citation: 33-9-14-5.]As added by P.L.98-2004, SEC.19. Amended by P.L.161-2018, SEC.106; P.L.69-2019, SEC.3.
IN Code § 33-40-6-6 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 6. Public Defense Fund|33-40-6-6. Certified Claims in Capital Cases Given Priority

Sec. 6. The commission shall give priority to certified claims for reimbursement in capital cases. If the balance in the public defense fund is not adequate to fully reimburse all certified claims in noncapital cases, the commission shall prorate reimbursement of certified claims in noncapital cases.[Pre-2004 Recodification Citation: 33-9-14-6.]As added by P.L.98-2004, SEC.19. Amended by P.L.85-2004, SEC.29.
IN Code § 33-40-7-1 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 7. County Public Defender Boards|33-40-7-1. Applicability of Chapter

Sec. 1. This chapter does not apply to a county that:(1) contains a consolidated city;(2) has a population of:(A) more than three hundred thousand (300,000) but less than four hundred thousand (400,000);(B) more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000); or(C) more than one hundred seventy-five thousand (175,000) but less than one hundred eighty-five thousand (185,000); or(3) has a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000), except as provided in sections 5 and 11 of this chapter.[Pre-2004 Recodification Citation: 33-9-15-1.]As added by P.L.98-2004, SEC.19. Amended by P.L.13-2013, SEC.82.
IN Code § 33-40-7-2 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 7. County Public Defender Boards|33-40-7-2. "Board" Defined

Sec. 2. As used in this chapter, "board" refers to a board established in an ordinance under section 3 of this chapter.[Pre-2004 Recodification Citation: 33-9-15-2.]As added by P.L.98-2004, SEC.19.
IN Code § 33-40-7-3 (2021)
2021 Indiana Code|Title 33. Courts and Court Officers|Article 40. Public Defenders|Chapter 7. County Public Defender Boards|33-40-7-3. Establishment of Board; Members; Terms; Chairperson; Meetings; Termination

Sec. 3. (a) A county executive may adopt an ordinance establishing a county public defender board consisting of three (3) members. The county executive shall appoint one (1) member. The judges who exercise felony or juvenile jurisdiction in the county shall appoint by majority vote one (1) member. The Indiana public defender commission shall appoint one (1) member who must be a resident of the county or region managing the public defender's office.(b) The members must be persons who have demonstrated an interest in high quality legal representation for indigent persons. However, a member may not be:(1) a city, town, or county attorney;(2) a law enforcement officer;(3) a judge;(4) a court employee;(5) an attorney who provides representation to indigent persons in the county or region managed by the public defender board;(6) an employee of the department of child services; or(7) an employee of any individuals described in subdivisions (1) through (6).(c) Each member of the board serves a three (3) year term beginning with the date of the member's appointment. A member appointed to fill a vacancy holds office for the remainder of the previous member's term. If a successor has not been appointed by the end of a member's three (3) year term, the member continues in office until the member's successor takes office. In the case of a county public defender board established before July 1, 2019, the appointment by the Indiana public defender commission shall begin upon the first expiration of a current term of a member appointed by the judges who exercise felony or juvenile jurisdiction in the county.(d) The members shall, by a majority vote, elect one (1) member to serve as chairperson.(e) Meetings shall be held at least quarterly and may be held at other times during the year at the call of the:(1) chairperson; or(2) other two (2) members.(f) A county executive may terminate the board by giving at least ninety (90) days written notice to the judges described in subsection (a).[Pre-2004 Recodification Citation: 33-9-15-3.]As added by P.L.98-2004, SEC.19. Amended by P.L.69-2019, SEC.4.