AR HB1213

Amends the definition of "indigent person" to require substantial financial hardship and presumes indigency if a person receives public assistance (food stamps, TANF, Medicaid, disability insurance, public housing, or SSI), earns less than 200% of federal poverty guidelines as of January 1, 2021, is incarcerated, or is admitted to a residential mental health facility.

Establishes a two-step process for determining indigency: courts must first conduct a preliminary review of a certificate of indigency and appoint a public defender if the person states they face substantial financial hardship, then evaluate additional factors if indigency is not initially found.

Requires courts to assess a fee of $10 to $400 from indigent defendants at the time of attorney appointment to defray public defender system costs, with waiver available if the court finds the fee too burdensome.

Directs the Public Defender Commission to deposit collected fees into a separate "Public Defender User Fees" account within the State Central Services Fund and allows unused funds to carry over annually.

Authorizes courts to request the Department of Finance and Administration provide defendants' past three years of income tax returns to confirm or review indigency determinations, with reviews conducted in camera and documents placed under seal.