HB 15-1160 Summary

• Transfers responsibility for determining whether defendants meet indigency standards for public defender appointment from the state public defender to the court.

• Court maintains authority to hold hearings on indigency eligibility upon request from the prosecutor and must advise defendants that applications are signed under oath and subject to perjury penalties.

• Allows public defenders to provide representation to juveniles in detention hearings before formal indigency determination is made by the court.

• Modifies statutes governing public defender representation in criminal cases and conflict-of-interest situations to align with the new court-based indigency determination process.

• Effective date is July 1, 2016, subject to referendum petition and potential voter approval in November 2016.