Loading chat...
ND SB2105
Bill
AI Summary
-
Amends section 54-61-01 to expand the Commission on Legal Counsel for Indigents' purpose to include providing state-funded legal services to "other criminal defendants" beyond just indigent individuals, as required by state and federal constitutions.
-
Creates new section requiring state-funded legal counsel for defendants who knowingly and voluntarily refuse to obtain private counsel and are determined by the court to be incompetent to represent themselves.
-
Requires courts to consider six specific factors when determining self-representation competency: defendant's age, education, experience, personal background, court-ordered evaluations, understanding of proceedings and potential sentences, impact of mental impairment on legal defense, and ability to communicate with court and witnesses.
-
Requires defendants receiving legal counsel services under this provision to reimburse amounts expended on their behalf pursuant to section 29-07-01.1.
-
Appropriates $70,500 from the general fund to the Commission on Legal Counsel for Indigents for the 2011-2013 biennium to provide legal counsel services to defendants who refuse private counsel but are found incompetent to self-represent.
Legislative Description
Responsibilities of the commission on legal counsel for indigents; and to provide an appropriation.
Last Action
Second reading, failed to pass, yeas 0 nays 47
2/1/2011