HB379 Alabama 2018 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2018

Title

Indigent defense, juvenile court, guardian ad litems, maximum atty fee for services raised, Sec. 15-12-21 am'd.

Summary

HB 379 allows courts to waive attorney fee caps for indigent defense in certain cases, temporarily removes cap for capital murder appeals, enables court appointment for incapacitated-person petitions, and adds civil immunity for voluntary indigent defense advisory boards.

What This Bill Does

If passed, the bill lets trial and appellate courts waive the maximum fees for appointed counsel in indigent defense cases under good cause, within a defined 2018–2020 window and with safeguards. It also removes the fee cap for appeals of capital murder convictions during that period and allows courts to appoint counsel to file petitions for the commitment of incapacitated persons. Additionally, it creates and strengthens the role and immunities of voluntary indigent defense advisory boards and modifies related payment and reimbursement rules for defense services.

Who It Affects

• Indigent defendants and their counsel (including juveniles and guardians ad litem) who may receive fee waivers, higher or no caps for capital murder appeals, or court appointment for guardians ad litem and incapacitated-person petitions.
• Courts, the Director of Indigent Defense Services, appellate and probate courts, and the voluntary indigent defense advisory boards, who are responsible for administering, supervising, and reporting on indigent defense fees, appointments, and immunities.

Key Provisions

• Allows waivers of maximum indigent defense fee limits for good cause in trial and juvenile cases, with waivers for capital offenses in appellate/juvenile guardian contexts; waivers within Oct 1, 2018–Sep 30, 2020 and no more than twice the base fee.
• Eliminates the fee cap for appeals of capital murder convictions for Oct 1, 2018–Sep 30, 2020; sets hourly rate at $70 for appellate services and provides separate billing for sub-appeals, within specified caps.
• Authorizes courts to appoint counsel to file petitions for the commitment of an incapacitated person.
• Establishes a detailed fee structure for appointed counsel (trial) with caps by charge type, allows waivers, and requires director guidelines; includes provision for non-overhead expenses and advance approvals for certain costs.
• Requires quarterly reporting to the Director of the Department of Finance on fee waivers and director concurrence for waivers; total fees may not exceed twice the base allowable amount.
• Creates voluntary indigent defense advisory boards in each circuit, outlines composition, terms, duties, and provides civil immunity for board members.
• Specifies payment processes and costs in commitment proceedings, with state funds covering certain costs and exceptions outlined for non-indigent petitioners or non-public officials.

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

Subjects

Crimes and Offenses