HB658 Alabama 2010 Session

Summary

Primary Sponsor

John F. Knight Jr

Democrat

Co-Sponsor

Marcel Black

Session

Regular Session 2010

Title

Alabama Indigent Defense Commission, established, duties, powers, appointment, terms, Office of Indigent Defense Services, established, Indigent Defense Advisory Board in each judicial circuit, appropriation, Secs. 12-19-252, 15-12-1, 15-12-4, 15-12-5, 15-12-6, 15-12-21, 15-12-22, 15-12-23, 15-12-26, 15-12-27, 15-12-40, 15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, 15-12-46 am'd.; Secs. 15-12-2, 15-12-3, 15-12-24.1 repealed

Summary

HB658 creates the Alabama Indigent Defense Commission to oversee and fund indigent defense in state courts, establishing a centralized Office of Indigent Defense Services and new defense delivery systems and funding rules.

What This Bill Does

It would create the Alabama Indigent Defense Commission as an independent state agency under the judicial branch, establish the Office of Indigent Defense Services, and set up an Indigent Defense Advisory Board in each circuit. It would standardize who provides indigent defense (appointed counsel, contract counsel, or public defenders), raise payment rates for trial, appellate, and postconviction work, and give the Commission power to approve contracts and public defender programs. It would fund these programs through the Fair Trial Tax Fund with minimum funding levels for each circuit, establish a unified budget, and repeal existing methods for selecting indigent defense systems. It would also establish uniform indigency procedures and require capital cases to have two defense attorneys, among other reforms.

Who It Affects

• Indigent defendants who cannot afford lawyers, who would receive appointed, contract, or public defender services under standardized procedures and with standardized compensation.
• Attorneys and law firms acting as appointed counsel, contract counsel, or public defenders, who would face new payment rates, contract processes, and oversight.
• Courts and court staff (trial and appellate judges, clerks, and administrative offices) who would determine indigency, assign counsel, approve expenditures, and oversee compliance with standards.
• Counties and the state finances, since funding would come from the Fair Trial Tax Fund and General Fund with minimum funding levels and potential cost-sharing for defender offices.

Key Provisions

• Creates the Alabama Indigent Defense Commission as an independent state agency under the judicial branch and establishes the Office of Indigent Defense Services with a director and staff.
• Establishes Indigent Defense Advisory Boards in each judicial circuit, detailing composition, meetings, expenses, and powers.
• Requires capital cases to have two defense counsel assigned, subject to established requirements and Commission approval.
• Sets compensation rates: trial noncapital $85/hour; trial capital $100/hour; appellate noncapital $85/hour; appellate capital $100/hour; postconviction noncapital $85/hour; postconviction capital $100/hour, with auditing and payment procedures managed by the Office of Indigent Defense Services.
• Creates and/or authorizes contract counsel programs and public defender systems, including selection processes, compensation, and oversight by the Commission and local boards.
• Public defender offices may be funded and staffed with benefits comparable to state employees, with operating costs paid from the Fair Trial Tax Fund or other legislatively appropriated funds and a legislated minimum funding level per circuit.
• Mandates uniform indigency determinations, standard procedures for delivering indigent defense services, and annual reporting and budgeting requirements to support statewide implementation.
• Repeals existing law governing current methods for selecting indigent defense systems and establishes a unified budget and minimum funding levels for indigent defense.
• Effective date set for the act to take effect a few months after passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Alabama Indigent Defense Commission