The bill SB83 Engrossed amends Sections 15-12-4, 15-12-21, and 15-12-22 of the Code of Alabama 1975 to improve the structure and function of voluntary indigent defense advisory boards. Key changes include the composition of these boards, which will now consist of five members, including the presiding circuit judge, the president of the local circuit bar association, two attorneys practicing in criminal or juvenile courts, and one additional attorney. The bill mandates that the board's membership reflect the diversity of the judicial circuit in terms of race, gender, urban, rural, and economic status. It also introduces a process for the presiding judge to designate a substitute in case of a conflict of interest and establishes a one-year term for board members, who may be reappointed. Additionally, the bill clarifies the responsibilities of appointed counsel in representing indigent defendants and juveniles, ensuring adequate legal representation.
Furthermore, the bill proposes significant changes to the compensation structure for attorneys representing indigent defendants, replacing the previous hourly rate of $70 with higher rates based on the severity of charges, such as $120 for capital offenses and $110 for Class A felonies. It also increases the maximum fee for pretrial and post-trial appeals from $2,500 to $5,000 and allows separate billing for petitions for writs of certiorari filed in the Alabama Supreme Court, capped at $5,000. The submission period for bills is extended from 90 to 120 days, and timely payment from the State Comptroller is mandated, with interest accruing on delayed payments. Additionally, the state will provide reimbursement for indigent health care services, aligning the reimbursement rate with Medicare rates, and the act is set to take effect on October 1, 2024. Overall, SB83 aims to enhance financial support for indigent defense services and health care.