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ID H0504

Bill

Status

Passed

3/24/2016

Primary Sponsor

Judiciary, Rules and Administration Committee

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Origin

House of Representatives

2016 Regular Session

AI Summary

House Bill 504 Summary

  • Establishes indigent defense standards requiring training and continuing legal education for defending attorneys, uniform data reporting, model contracts, and oversight procedures for delivering counsel to indigent persons.

  • Creates a state indigent defense grant program allowing counties to apply by May 1 annually for grants up to 15% of local share or $25,000 (whichever is greater), with additional $25,000 available for joint public defender offices.

  • Requires all counties to comply with indigent defense standards by March 31 each year and permits the commission to remedy deficiencies at county expense if willful noncompliance occurs, with cost recovery through sales tax interception if necessary.

  • Defines "local share" as the median of county indigent defense expenditures from the first three of the preceding five fiscal years, excluding state funds and capital case expenses, and allows counties to expend less if compliant with standards.

  • Establishes administrative review procedures and fair hearings for county disputes, and specifies that failure to comply with standards does not constitute ineffective assistance of counsel grounds.

Legislative Description

Amends and adds to existing law to authorize the Public Defense Commission to promulgate rules for indigent defense standards; to require compliance with indigent defense standards, to provide for indigent defense grants, to provide application procedures for indigent defense grants, to provide procedures for noncompliance with indigent defense standards; and to revise reporting requirements.

PUBLIC DEFENSE

Last Action

Reported Signed by Governor on March 24, 2016 Session Law Chapter 195 Effective: 07/01/2016

3/24/2016

Full Bill Text

No bill text available