SB497 Summary

• Creates the Alabama Indigent Defense Commission as an independent judicial branch agency with 13 members appointed by various state officials and the Alabama State Bar; establishes the Office of Indigent Defense Services to administer indigent defense operations statewide.

• Establishes Indigent Defense Advisory Boards in each judicial circuit to advise on defense systems, approve budgets, and select public defenders and contract counsel; provides commission and advisory board authority over indigent defense delivery methods.

• Increases appointed counsel compensation from $40-60 per hour to $85-100 per hour depending on case type (noncapital vs. capital) and processing through the Office of Indigent Defense Services instead of the State Comptroller.

• Mandates minimum funding levels for indigent defense services in each judicial circuit based on average prior five-year expenditures, with funding from Fair Trial Tax Fund and General Fund; public defender employees receive state employee benefits.

• Requires assignment of two counsel in capital cases subject to commission approval and establishes uniform statewide policies for determining indigency, managing caseloads, and ensuring quality representation.