HB275 Enrolled is a bill that amends the Code of Alabama 1975 to revise the structure of voluntary indigent defense advisory boards and the compensation process for attorneys appointed to defend indigent individuals. The bill modifies the composition of the advisory boards to include two attorneys who regularly practice in the criminal or juvenile courts and one other attorney, all selected by the bar commissioner(s) for the circuit, with an emphasis on reflecting the diversity of the circuit. It also sets a one-year term for board members, allows for reappointment, and provides for the replacement of a presiding judge in case of a conflict of interest. The board's duties include analyzing indigent defense systems, reviewing fee declarations and timesheets, and considering billing standards and history before making recommendations. Board members are granted the same immunity as state agents.

The bill also updates the payment structure for attorneys representing indigent defendants, setting new hourly rates and caps for various types of cases. For example, capital offenses or charges with a possible life sentence without parole have an hourly rate of $120 with no fee limit, while Class A felonies have a $100 hourly rate with a cap of $6,000. The bill extends the time for counsel to submit a bill to 120 days after case conclusion, requires trial court certification of the bill's reasonableness, and outlines the process for the office to review and recommend payment, with the state Comptroller remitting payment. It also addresses the appointment of counsel for indigent defendants on appeal and sets separate billing and fee caps for appellate representation. The act will become effective on October 1, 2024.

Statutes affected:
Introduced: 15-12-4, 15-12-21, 15-12-22
Engrossed: 15-12-4, 15-12-21, 15-12-22
Enrolled: 15-12-4, 15-12-21, 15-12-22