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AL SB440
Bill
AI Summary
SB440 Summary
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Creates Office of Indigent Defense Services as a division of the Department of Finance, headed by a director appointed by the Director of Finance from candidates nominated by the Alabama State Bar, with a three-year term and qualifications as a licensed Alabama attorney.
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Establishes an Indigent Defense Review Panel (five members appointed by various bar associations) to review director decisions and an indigent defense advisory board in each judicial circuit to determine the method of providing indigent defense services (appointed counsel, contract counsel, or public defender systems).
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Sets compensation for appointed counsel at $70 per hour with fee caps ranging from $1,500 for misdemeanor/other cases up to unlimited fees for capital offenses, plus reimbursement for reasonable nonoverhead expenses exceeding $300 with advance approval.
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Authorizes contract counsel systems and public defender offices with salaries not to exceed district attorney compensation, funded from the Fair Trial Tax Fund or general appropriations, with director approval of budgets and expenditures.
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Implements indigency determination criteria based on federal poverty guidelines (125%, 125-200%, or 200%+ with substantial hardship findings) and repeals four prior Code sections relating to indigent defense.
Legislative Description
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15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, 15-12-46 am'd.; Secs. 15-12-2, 15-12-3, 15-12-24, 15-12-24.1 repealed (2011-21181)
Indigent Defense Services Office
Last Action
Conference Committee on SB440 2011RS first Substitute Offered
6/9/2011