SB440 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

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15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, 15-12-46 am'd.; Secs. 15-12-2, 15-12-3, 15-12-24, 15-12-24.1 repealed (2011-21181)

Summary

SB440 creates the Office of Indigent Defense Services within the Department of Finance to standardize and fund indigent defense across Alabama, establishing public defenders, contract counsel, and advisory boards, while repealing outdated provisions.

What This Bill Does

The bill creates a centralized Office of Indigent Defense Services housed in the Department of Finance with a designated director and an advisory board in each judicial circuit. It sets standards for defense services, determines indigency, and provides for defense delivery methods (appointed counsel, contract counsel, or public defenders) in trial courts and, separately, for appellate defense. It establishes the Indigent Defense Review Panel to resolve disputes over defense delivery methods, requires annual budgeting and reporting, allocates funding from the Fair Trial Tax Fund and the General Fund, and outlines compensation and billing rules for defense lawyers; it also repeals several existing provisions and clarifies municipal courts are not governed by this act.

Who It Affects

• Indigent defendants who will receive defense services under a standardized, state-supported system and may be deemed indigent under defined income-based criteria.
• Defense professionals (appointed counsel, contract counsel, and public defenders) who will be hired, supervised, paid, and potentially limited by new standards, caps, and reimbursement rules.

Key Provisions

• Creates the Office of Indigent Defense Services as a division of the Department of Finance, with a director and standards for operation, staff, and duties.
• Establishes an Indigent Defense Advisory Board in each circuit to select delivery methods and certify systems to the director and the Indigent Defense Review Panel; allows appeals of board decisions.
• Forms the Indigent Defense Review Panel (five members) to make timely final decisions on delivery methods and reflect state diversity; outlines appointment sources and terms.
• Defines indigency and partial indigency, sets criteria based on poverty guidelines, and requires uniform policies for determining eligibility and recoupment of fees.
• Authorizes funding from the Fair Trial Tax Fund and General Fund; requires annual budgets, reports, and appropriate cost-sharing with counties for public defender offices.
• Regulates compensation: sets hourly rates for appointed counsel, caps by case type, allows reimbursement for nonoverhead expenses with court approval, and outlines billing and payment procedures; permits establishment of public defender offices with salary and staffing rules.

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

Subjects

Indigent Defense Services Office