SB83 Alabama 2024 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2024

Title

Indigent defense, provides for membership & review process of adv. boards, provides for comp. of attorneys

Summary

SB83 updates Alabama’s indigent defense system by changing board membership, adding oversight of billing and compensation, and expanding health care reimbursement for indigent services.

What This Bill Does

It revises how voluntary indigent defense advisory boards are formed and operated in each circuit, including how members are chosen and what happens if a judge has a conflict. It updates how defense attorneys are paid at trial and on appeal, with new rates, caps by original charge level, and requirements to justify unusually high hours; it also adds oversight and remedial actions for billing. It requires reimbursement for indigent health care costs at Medicare-like rates and sets timeliness and interest rules for payments, plus stronger procedures for handling appeals and guardian ad litem responsibilities.

Who It Affects

• Presiding circuit judges and circuit bar associations (board composition, appointment rules, and conflict procedures)
• Indigent defense attorneys (payment rates, caps by charge level, hours tracking, and expense rules)
• Defendants and juveniles who require appointed counsel (right to counsel on appeal, trial representation, and guardian ad litem services)
• Office of Indigent Defense Services and State Comptroller (oversight, review, and payment timing)
• Health care providers serving indigent defendants (reimbursement terms and rates)
• Appellate courts (treatment of fees for appeals and certiorari petitions)

Key Provisions

• Each judicial circuit must have a voluntary indigent defense advisory board with specified members, including the presiding judge and bar association president; if the presiding judge has a conflict, another judge serves; the board must reflect circuit diversity and, in multi-county circuits, select a county bar president to join; terms are one year with possible reappointment
• Board members serve without compensation but may be reimbursed for travel; board meetings occur regularly with a 3-member quorum; the board has powers to analyze defense systems, review billing, comment on statements and fee declarations, and convene meetings of all indigent defense attorneys; members receive immunity like state agents
• Defendants' counsel appointed in trial courts and in certain juvenile cases must be paid with fees based on the original charge level, with hourly rates and total caps specified (e.g., higher rates and no cap for capital offenses; different caps for Class A–D felonies and for juvenile cases); expenses are reimbursable with pre-approval for amounts over $300
• The director may review and provide recommendations on fee declarations; excessive hours (over 2,000 per fiscal year) require an explanation and the board may recommend remedial action such as suspension or reimbursement actions
• If the state delays payment beyond 90 days after court certification, interest at 6% accrues until payment is issued; the state must reimburse indigent health care costs at Medicare-like rates
• On appeal, the court must appoint counsel when needed; appellate fees have separate caps and rates, with provisions for pretrial/post-trial appeals and certiorari filings; expenses must be pre-approved and paid by the office or appellate court as appropriate
• Effective date: October 1, 2024

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Procedure