7 LONG TITLE
8 General Description:
9 This bill modifies the Indigent Defense Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ expands the Utah Indigent Defense Commission to include juvenile defense;
13 ▸ addresses the make up of the commission;
14 ▸ Ŝ→ [
15 qualifications and duties Ŝ→ of the director ←Ŝ , including the hiring of staff;
16 ▸ addresses the powers and duties of the commission;
17 ▸ modifies provisions related to the Indigent Defense Resources Account;
18 ▸ addresses indigent criminal and juvenile defense system participation;
19 ▸ amends provisions related to application for grant money;
20 ▸ addresses cooperation with the commission; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
26 Utah Code Sections Affected:
28 77-32-801, as enacted by Laws of Utah 2016, Chapter 177
29 77-32-802, as enacted by Laws of Utah 2016, Chapter 177
30 77-32-803, as enacted by Laws of Utah 2016, Chapter 177
31 77-32-804, as enacted by Laws of Utah 2016, Chapter 177
32 77-32-805, as enacted by Laws of Utah 2016, Chapter 177
33 77-32-806, as enacted by Laws of Utah 2016, Chapter 177
34 77-32-807, as enacted by Laws of Utah 2016, Chapter 177
35 77-32-808, as enacted by Laws of Utah 2016, Chapter 177
36 77-32-809, as enacted by Laws of Utah 2016, Chapter 177
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 77-32-801 is amended to read:
40 77-32-801. Indigent Defense Commission creation -- Purpose -- Definition.
41 (1) There is created within the Commission on Criminal and Juvenile Justice the Utah
42 Indigent Defense Commission.
43 (2) The purpose of the commission is to assist the state in meeting the state's
44 obligations for the provision of indigent [
45 States Constitution, the Utah Constitution, and [
46 (3) Notwithstanding Section 77-32-201, for purposes of this part:
47 (a) "Indigent defense services" means the representation of indigent persons in
48 criminal, juvenile delinquency, and child welfare cases.
49 (b) "Indigent defense system" means indigent defense services provided by:
50 (i) local units of government, including a county, city, or town; or
51 (ii) a regional legal defense organization.
52 Section 2. Section 77-32-802 is amended to read:
53 77-32-802. Commission members -- Membership qualifications -- Terms --
54 Vacancy -- Administrative support.
55 (1) The commission is composed of [
57 (a) The governor, with the consent of the Senate, shall appoint the following [
59 (i) two practicing criminal defense attorneys and one attorney practicing in the area of
60 juvenile delinquency defense recommended by the Utah Association of Criminal Defense
62 (ii) an attorney representing minority interests recommended by the Utah Minority Bar
64 (iii) one member recommended by the Utah Association of Counties from a county of
65 the first or second class;
66 (iv) one member recommended by the Utah Association of Counties from a county of
67 the third through sixth class;
68 (v) a director of a county public defender organization recommended by the Utah
69 Association of Criminal Defense Lawyers;
70 (vi) two members recommended by the Utah League of Cities and Towns from its
72 (vii) a retired judge recommended by the Judicial Council; [
73 (viii) one member of the Utah Legislature selected jointly by the Speaker of the House
74 and President of the Senate[
75 (ix) one attorney practicing in the area of parental defense, recommended by an entity
76 funded under Title 63A, Chapter 11, Child Welfare Parental Defense Program.
77 (b) The executive director of the Commission on Criminal and Juvenile Justice or the
78 executive director's designee shall be a voting member of the commission.
79 (c) The ex officio, nonvoting members of the commission are:
80 (i) the Ŝ→ [
81 appointed in Section 77-32-803; and
82 (ii) a representative from the Administrative Office of the Courts appointed by the
83 Judicial Council.
84 (2) Members appointed by the governor shall serve four-year terms, except as provided
85 in Subsection (3).
86 (3) The governor shall stagger the initial terms of appointees so that approximately half
87 of the commission is appointed every two years.
88 (4) Members appointed to the commission shall have significant experience in indigent
89 criminal defense , child welfare parental defense, or juvenile defense in delinquency
90 proceedings or have otherwise demonstrated a strong commitment to providing effective
91 representation in indigent [
92 (5) A person who is currently employed solely as a criminal prosecuting attorney may
93 not serve as a member of the commission .
96 malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
98 be appointed for the remaining unexpired term in the same manner as the original appointment.
100 chair of the commission for a term of one year. At the expiration of that year, or upon the
101 vacancy in the membership of the appointed chair, the commission shall annually elect a chair
102 from the commission's membership to serve a one-year term. A commission member may not
103 serve as chair of the commission for more than three consecutive terms.
105 service, but may receive per diem and travel expenses in accordance with:
106 (a) Section 63A-3-106;
107 (b) Section 63A-3-107; and
108 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
111 six members of the commission is required for official action of the commission.
112 Section 3. Section 77-32-803 is amended to read:
113 77-32-803. Ŝ→ [
114 (1) The commission shall appoint Ŝ→ [
114a out the following
116 (a) establish an annual budget;
117 (b) assist the commission in [
121 (c) assist the commission in developing and regularly reviewing advisory caseload
122 guidelines and procedures, including recommending to the commission suggested changes to
123 the criteria for an indigent person's eligibility to receive defense services under this chapter;
126 (2) The Ŝ→ [
126a member of
127 the Utah State Bar with an appropriate background and experience to serve as the full-time
128 Ŝ→ [
129 (3) The Ŝ→ [
130 commission, including [
132 (a) one individual who is an active member of the Utah State Bar to serve as a full-time
133 assistant director; and
134 (b) one individual with data collection and analysis skills to carry out duties as outlined
135 in Subsection 77-32-804(1)(a).
136 (4) The commission in appointing the Ŝ→ [
136a ←Ŝ director in
137 hiring the assistant director, shall give a preference to individuals with experience in adult
138 criminal defense, child welfare parental defense, or juvenile delinquency defense.
139 Section 4. Section 77-32-804 is amended to read:
140 77-32-804. Powers and duties of the commission -- Annual report.
141 (1) The commission shall:
142 (a) develop and adopt guiding principles for the assessment and oversight of [
143 indigent defense systems with the state that, at a minimum, address the following:
144 (i) Indigent defense service providers shall have independent judgment without fear of
146 (ii) Service providers shall provide conflict-free representation, including the need for a
147 separate contract for conflict counsel.
148 (iii) Service providers shall provide contracts that separately account for indigent
149 criminal defense, parental defense, and juvenile delinquency defense.
151 the service provider is free to defend the client based on the service provider's own independent
154 stages [
155 (B) Indigent parties in juvenile delinquency and child welfare proceedings shall be
156 provided counsel at all stages.
159 (A) adequate access to defense resources; and
160 (B) workloads that allow for time to meet with clients, investigate cases, and file
161 appropriate motions.
163 clients fully through:
164 (A) compensation, that shall be independent from prosecutors' compensation;
165 (B) incentives that are structured to effectively represent [
167 (C) contract provisions that address legal training and education in the areas of the law
168 relevant to the types of cases the service provider is contracted to appear on;
170 to appeal[
171 (E) compensation sufficient to attract applicants qualified with adequate experience in
172 the relevant areas of the law to provide effective representation in the defense of clients.
173 (vii) Contracts that address counsel's obligation under the Utah Rules of Professional
174 Conduct, including expectations on client communications and managing conflicts of interest.
176 performance, establish standards, and enforce the principles listed [
178 (b) identify and collect data necessary for the commission to:
179 (i) review compliance by [
180 for effective representation;
181 (ii) establish procedures for the collection and analysis of the data; and
182 (iii) provide reports regarding the operation of the commission and the provision of
183 indigent [
184 (c) develop and oversee the establishment of advisory caseload principles and
185 guidelines to aid indigent [
186 the state consistent with the safeguards of the United States Constitution, the Utah
187 Constitution, and [
188 (d) review [
189 indigent [
190 compliance with minimum principles for effective representation of indigent individuals in
191 court ;
192 (e) investigate, audit, and review the provision of indigent [
193 for compliance with minimum principles;
194 (f) establish procedures for the receipt, acceptance, and resolution of complaints
195 regarding the provision of indigent [
196 (g) establish procedures that enable indigent [
197 state funding as provided under Section 77-32-805;
198 (h) establish procedures for annually reporting to the governor, Legislature, and
199 Judicial Council, [
200 include reporting the following:
201 (i) the operations of the commission;
202 (ii) the operations of each indigent [
203 has granted money ; and
204 (iii) the compliance by each indigent [
205 that has received a grant of money from the commission, with minimum [
206 for the provision of indigent [
207 indigent individuals in court ;
208 (i) award grants to indigent [
209 established by the commission under this part and appropriations by the state;
210 (j) encourage and aid in the regionalization of indigent [
211 within the state for effective representation and for efficiency and cost savings to local
213 (k) submit to legislative, executive, and judicial leadership, from time to time,
214 proposed recommendations for improvement in the provision of indigent [
215 services to ensure effective representation in the state, consistent with the safeguards of the
216 United States Constitution [
217 (l) identify and encourage best practices for effective representation [
219 (2) The commission shall emphasize the importance of effective indigent [
220 defense services [
221 (3) The commission shall establish procedures for the conduct of the commission's
222 affairs and internal policies necessary to carry out the commission's duties and responsibilities
223 under this part.
224 (4) Commission policies shall be [
225 available on a website[
227 (5) The delivery of indigent [
228 judiciary, but the commission shall ensure that judges are permitted and encouraged to
229 contribute information and advice concerning the delivery of indigent [
231 (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
232 Administrative Rulemaking Act, to establish guiding principles for the constitutional provision
233 of indigent defense services in the state.
235 principles and procedures may not be required to provide indigent [
236 in excess of those principles and procedures.
238 Committee on the commission's efforts to improve the provision of indigent [
239 services statewide.
240 Section 5. Section 77-32-805 is amended to read:
241 77-32-805. Indigent Defense Resources Account -- Administration.
242 (1) For purposes of this part, "account" means the Indigent Defense Resources
244 (2) (a) There is created within the General Fund a restricted account known as the
245 "Indigent Defense Resources Restricted Account."
246 (b) [
247 (c) Subject to appropriation, [
250 (3) The account consists of:
251 (a) [
252 the commission consistent with principles of shared state and local funding;
253 (b) other [
254 77-32-809(3); and
255 (c) interest and earnings from the investment of account [
256 (4) [
257 earnings and interest accruing to the account.
258 (5) The account shall be administered by the commission for:
259 (a) the establishment and maintenance of a statewide indigent [
260 collection system;
261 (b) grants to indigent [
262 (c) grants to indigent [
263 (6) Money allocated to or deposited into the account shall be used:
264 (a) to reimburse participating systems for commission-approved expenditures for the
265 purposes listed in Subsection (5); and
266 (b) for administrative costs.
267 Section 6. Section 77-32-806 is amended to read:
268 77-32-806. Indigent and juvenile defense system participation.
269 (1) To qualify for grant [
270 legislative body responsible for an indigent [
271 (a) adopt a resolution stating the intent to apply for grant [
272 account and committing that the indigent [
273 principles for the effective representation of indigent individuals in court ; and
274 (b) submit a certified copy of that resolution together with an application to the
276 (2) The commission may revoke an indigent [
277 the system fails to meet minimum principles for the effective representation of indigent
278 individuals in court or other grant conditions established by the commission .
279 Section 7. Section 77-32-807 is amended to read:
280 77-32-807. Application for grant money.
281 (1) Applications for grant [
282 for the following expenses:
283 (a) establishment and maintenance of an indigent [
285 (b) defense resources;
286 (c) matching [
287 (d) critical need grants for defense services providers.
288 (2) (a) Matching [
289 awarded if the indigent [
290 baseline budget, as described in Subsection 77-32-809(2)(a), for defense services providers.
291 (b) For the purposes of Subsection (2)(a), matching [
293 (i) for a city or town, the indigent [
294 system's baseline budget; and
295 (ii) for a county, the product of the indigent defense system's spending above the
296 system's baseline budget and:
297 (A) 50% for counties of the first class;
298 (B) 100% for counties of the second or third class; or
299 (C) 200% for counties of the fourth through sixth class.
300 (3) Critical need grant [
301 awarded if the indigent [
302 satisfaction that:
303 (a) the system has incurred or reasonably anticipates incurring expenses in excess of
304 the system's annual local funding, as adjusted for population growth and inflation;
305 (b) the funding for the expenses described in Subsection (3)(a) is necessary for the
306 indigent [
307 representation; and
308 (c) increasing the system's local share for indigent [
309 constitute an undue burden on the indigent [
310 (4) If the application of a participating indigent [
311 by the commission, the director of the commission shall negotiate, enter into, and administer a
312 contract with the participating indigent [
313 Subsection (1).
314 (5) Nonparticipating systems remain responsible for meeting minimum principles for
315 effective representation but may not be eligible for any legislative relief.
316 (6) A county or municipality may not be required to increase the county or
317 municipality's certified tax rate pursuant to Section 59-2-924 to participate in the fund.
318 Section 8. Section 77-32-808 is amended to read:
319 77-32-808. Annual report, budget, and listing of expenditures -- Availability on
321 (1) As used in this section, "expenditures" means all payments or disbursements of
322 commission [
323 (2) The commission shall publish and make available to the public on a website the
324 commission's annual report, budget, salary information, a listing of all expenditures, and a list
325 of all indigent [
326 (3) Publication and availability of the listing of expenditures shall be on a quarterly
327 basis. The commission's budget and salary information may be published and made available
328 on an annual basis.
329 Section 9. Section 77-32-809 is amended to read:
330 77-32-809. Investigation, audit, and review of indigent and juvenile defense
331 services -- Cooperation and participation with commission -- Maintenance of local share
332 -- Necessity for excess funding.
333 (1) [
334 providing indigent [
335 commission in the investigation, audit, and review of all indigent [
336 (2) (a) For purposes of this part, "baseline budget" means an indigent [
337 defense system's [
339 adjusted for indigent defense case load fluctuations and inflations whenever subsequent grant
340 requests are submitted to the commission.
341 (b) An indigent [
342 each year.
343 (c) If the commission determines that [
345 effective representation, the excess [
346 or a combination of both, as determined by the grant application process described in Section
348 (d) An indigent [
349 local funding if minimum principles for effective representation may be met for less than local
351 (3) The commission may apply for and obtain state funding from any source to carry
352 out the purposes of this part. [
353 are state funds and shall be appropriated as provided by law.