HB601 Alabama 2011 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Co-Sponsors

Paul DeMarcoWayne JohnsonPaul BeckmanBill Poole

Session

Regular Session 2011

Title

Indigent Defense Services Office, established as division of Finance Department, director, staff, duties, advisory board in each judicial circuit, compensation of appointed counsel, contract counsel system, public defender office, Secs. 12-19-252, 15-12-1, 15-12-4, 15-12-5, 15-12-6, 15-12-20, 15-12-21, 15-12-22, 15-12-23, 15-12-26, 15-12-27, 15-12-29, 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15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, 15-12-46 am'd.; Secs. 15-12-2, 15-12-3, 15-12-24, 15-12-24.1 repealed

Summary

HB601 would create a centralized Office of Indigent Defense Services to manage and fund indigent defense in Alabama, replacing the old system with a state-controlled structure including a director, advisory boards, and new public defender/contract counsel options.

What This Bill Does

It establishes the Office of Indigent Defense Services within the Department of Finance with a director and staff to oversee indigent defense for trial and appellate cases. It creates an Indigent Defense Advisory Board in each circuit and an Indigent Defense Review Panel to guide and review decisions. It allows the director, with input from advisory boards, to establish a public defender office or a contract counsel system, and to approve expenditures; it also changes compensation by raising appointed-counsel rates to $75/hour, eliminates overhead reimbursements, and sets rules for nonoverhead expenses. It funds these operations from the Fair Trial Tax Fund, with General Fund support if needed, and repeals existing, separate indigent defense methods to unify the system.

Who It Affects

• Indigent defendants (including juveniles) who would receive defense services under a state-managed system with standardized eligibility determinations and access to counsel.
• Attorneys and defense providers (appointed counsel, contract counsel, and public defenders) who would be paid under new rates and processes and may participate in a public defender office or contract-counsel arrangements, with oversight and budgeting handled by the new office.

Key Provisions

• Creates the Office of Indigent Defense Services within the Department of Finance, led by a Director appointed by the Finance Director, with a three-year term and mandatory legal qualifications.
• Establishes Indigent Defense Advisory Boards in every circuit to advise on defense systems, budgets, and the selection of public defenders or contract counsel; creates an Indigent Defense Review Panel to hear appeals of Director decisions.
• Authorizes the Director, with advisory board input, to establish a public defender office or contract-counsel system; both models require oversight and budget approval.
• Public defender offices would have salaries set by the Director, be eligible for state employee benefits, serve up to six-year terms with possible reappointment, and have operating expenses approved in advance and funded from the Fair Trial Tax Fund (with some county cost sharing).
• Appointed counsel compensation increases to $75 per hour with reimbursement for nonoverhead expenses up to $300 (higher amounts require advance court approval), and the bill for compensation would go through the Office for review and Comptroller approval.
• Contract counsel system would allow the Director to appoint contract attorneys (subject to advisory board input and court approvals) to handle indigent defense within circuits.
• Repeals sections that previously governed indigent defense methods (15-12-2, 15-12-3, 15-12-24, and 15-12-24.1) and consolidates funding and administration under the Office and Fair Trial Tax Fund, with general-fund support if necessary.
• Public defender and appellate defender operations, records, and reporting would be integrated into the new framework, with required rules and procedures created under the act.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Indigent Defense Services Office