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 ▸ addresses the qualifications and duties of the director, including the hiring of staff;
15 ▸ addresses the powers and duties of the commission;
16 ▸ modifies provisions related to the Indigent Defense Resources Account;
17 ▸ addresses indigent criminal and juvenile defense system participation;
18 ▸ amends provisions related to application for grant money;
19 ▸ addresses cooperation with the commission; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 77-32-801, as enacted by Laws of Utah 2016, Chapter 177
28 77-32-802, as enacted by Laws of Utah 2016, Chapter 177
29 77-32-803, as enacted by Laws of Utah 2016, Chapter 177
30 77-32-804, as enacted by Laws of Utah 2016, Chapter 177
31 77-32-805, as enacted by Laws of Utah 2016, Chapter 177
32 77-32-806, as enacted by Laws of Utah 2016, Chapter 177
33 77-32-807, as enacted by Laws of Utah 2016, Chapter 177
34 77-32-808, as enacted by Laws of Utah 2016, Chapter 177
35 77-32-809, as enacted by Laws of Utah 2016, Chapter 177
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 77-32-801 is amended to read:
39 77-32-801. Indigent Defense Commission creation -- Purpose -- Definition.
40 (1) There is created within the Commission on Criminal and Juvenile Justice the Utah
41 Indigent Defense Commission.
42 (2) The purpose of the commission is to assist the state in meeting the state's
43 obligations for the provision of indigent [
44 States Constitution, the Utah Constitution, and [
45 (3) Notwithstanding Section 77-32-201, for purposes of this part:
46 (a) "Indigent defense services" means the representation of indigent persons in
47 criminal, juvenile delinquency, and child welfare cases.
48 (b) "Indigent defense system" means indigent defense services provided by:
49 (i) local units of government, including a county, city, or town; or
50 (ii) a regional legal defense organization.
51 Section 2. Section 77-32-802 is amended to read:
52 77-32-802. Commission members -- Membership qualifications -- Terms --
53 Vacancy -- Administrative support.
54 (1) The commission is composed of [
56 (a) The governor, with the consent of the Senate, shall appoint the following [
58 (i) two practicing criminal defense attorneys and one attorney practicing in the area of
59 juvenile delinquency defense recommended by the Utah Association of Criminal Defense
61 (ii) an attorney representing minority interests recommended by the Utah Minority Bar
63 (iii) one member recommended by the Utah Association of Counties from a county of
64 the first or second class;
65 (iv) one member recommended by the Utah Association of Counties from a county of
66 the third through sixth class;
67 (v) a director of a county public defender organization recommended by the Utah
68 Association of Criminal Defense Lawyers;
69 (vi) two members recommended by the Utah League of Cities and Towns from its
71 (vii) a retired judge recommended by the Judicial Council; [
72 (viii) one member of the Utah Legislature selected jointly by the Speaker of the House
73 and President of the Senate[
74 (ix) one attorney practicing in the area of parental defense, recommended by an entity
75 funded under Title 63A, Chapter 11, Child Welfare Parental Defense Program.
76 (b) The executive director of the Commission on Criminal and Juvenile Justice or the
77 executive director's designee shall be a voting member of the commission.
78 (c) The ex officio, nonvoting members of the commission are:
79 (i) the director of the [
80 Section 77-32-803; and
81 (ii) a representative from the Administrative Office of the Courts appointed by the
82 Judicial Council.
83 (2) Members appointed by the governor shall serve four-year terms, except as provided
84 in Subsection (3).
85 (3) The governor shall stagger the initial terms of appointees so that approximately half
86 of the commission is appointed every two years.
87 (4) Members appointed to the commission shall have significant experience in indigent
88 criminal defense , child welfare parental defense, or juvenile defense in delinquency
89 proceedings or have otherwise demonstrated a strong commitment to providing effective
90 representation in indigent [
91 (5) A person who is currently employed solely as a criminal prosecuting attorney may
92 not serve as a member of the commission .
95 malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
97 be appointed for the remaining unexpired term in the same manner as the original appointment.
99 chair of the commission for a term of one year. At the expiration of that year, or upon the
100 vacancy in the membership of the appointed chair, the commission shall annually elect a chair
101 from the commission's membership to serve a one-year term. A commission member may not
102 serve as chair of the commission for more than three consecutive terms.
104 service, but may receive per diem and travel expenses in accordance with:
105 (a) Section 63A-3-106;
106 (b) Section 63A-3-107; and
107 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
110 six members of the commission is required for official action of the commission.
111 Section 3. Section 77-32-803 is amended to read:
112 77-32-803. Director -- Qualifications -- Staff.
113 (1) The commission shall appoint a director to carry out the following duties:
114 (a) establish an annual budget;
115 (b) assist the commission in [
119 (c) assist the commission in developing and regularly reviewing advisory caseload
120 guidelines and procedures, including recommending to the commission suggested changes to
121 the criteria for an indigent person's eligibility to receive defense services under this chapter;
124 (2) The director shall be [
125 State Bar with an appropriate background and experience to serve as the full-time director.
126 (3) The director shall hire staff as necessary to carry out the duties of the commission,
127 including [
129 (a) one individual who is an active member of the Utah State Bar to serve as a full-time
130 assistant director; and
131 (b) one individual with data collection and analysis skills to carry out duties as outlined
132 in Subsection 77-32-804(1)(a).
133 (4) The commission in appointing the director, and the director in hiring the assistant
134 director, shall give a preference to individuals with experience in adult criminal defense, child
135 welfare parental defense, or juvenile delinquency defense.
136 Section 4. Section 77-32-804 is amended to read:
137 77-32-804. Powers and duties of the commission -- Annual report.
138 (1) The commission shall:
139 (a) develop and adopt guiding principles for the assessment and oversight of [
140 indigent defense systems with the state that, at a minimum, address the following:
141 (i) Indigent defense service providers shall have independent judgment without fear of
143 (ii) Service providers shall provide conflict-free representation, including the need for a
144 separate contract for conflict counsel.
145 (iii) Service providers shall provide contracts that separately account for indigent
146 criminal defense, parental defense, and juvenile delinquency defense.
148 the service provider is free to defend the client based on the service provider's own independent
151 stages [
152 (B) Indigent parties in juvenile delinquency and child welfare proceedings shall be
153 provided counsel at all stages.
156 (A) adequate access to defense resources; and
157 (B) workloads that allow for time to meet with clients, investigate cases, and file
158 appropriate motions.
160 clients fully through:
161 (A) compensation, that shall be independent from prosecutors' compensation;
162 (B) incentives that are structured to effectively represent [
164 (C) contract provisions that address legal training and education in the areas of the law
165 relevant to the types of cases the service provider is contracted to appear on;
167 to appeal[
168 (E) compensation sufficient to attract applicants qualified with adequate experience in
169 the relevant areas of the law to provide effective representation in the defense of clients.
170 (vii) Contracts that address counsel's obligation under the Utah Rules of Professional
171 Conduct, including expectations on client communications and managing conflicts of interest.
173 performance, establish standards, and enforce the principles listed [
175 (b) identify and collect data necessary for the commission to:
176 (i) review compliance by [
177 for effective representation;
178 (ii) establish procedures for the collection and analysis of the data; and
179 (iii) provide reports regarding the operation of the commission and the provision of
180 indigent [
181 (c) develop and oversee the establishment of advisory caseload principles and
182 guidelines to aid indigent [
183 the state consistent with the safeguards of the United States Constitution, the Utah
184 Constitution, and [
185 (d) review [
186 indigent [
187 compliance with minimum principles for effective representation of indigent individuals in
188 court ;
189 (e) investigate, audit, and review the provision of indigent [
190 for compliance with minimum principles;
191 (f) establish procedures for the receipt, acceptance, and resolution of complaints
192 regarding the provision of indigent [
193 (g) establish procedures that enable indigent [
194 state funding as provided under Section 77-32-805;
195 (h) establish procedures for annually reporting to the governor, Legislature, and
196 Judicial Council, [
197 include reporting the following:
198 (i) the operations of the commission;
199 (ii) the operations of each indigent [
200 has granted money ; and
201 (iii) the compliance by each indigent [
202 that has received a grant of money from the commission, with minimum [
203 for the provision of indigent [
204 indigent individuals in court ;
205 (i) award grants to indigent [
206 established by the commission under this part and appropriations by the state;
207 (j) encourage and aid in the regionalization of indigent [
208 within the state for effective representation and for efficiency and cost savings to local
210 (k) submit to legislative, executive, and judicial leadership, from time to time,
211 proposed recommendations for improvement in the provision of indigent [
212 services to ensure effective representation in the state, consistent with the safeguards of the
213 United States Constitution [
214 (l) identify and encourage best practices for effective representation [
216 (2) The commission shall emphasize the importance of effective indigent [
217 defense services [
218 (3) The commission shall establish procedures for the conduct of the commission's
219 affairs and internal policies necessary to carry out the commission's duties and responsibilities
220 under this part.
221 (4) Commission policies shall be [
222 available on a website[
224 (5) The delivery of indigent [
225 judiciary, but the commission shall ensure that judges are permitted and encouraged to
226 contribute information and advice concerning the delivery of indigent [
228 (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah
229 Administrative Rulemaking Act, to establish guiding principles for the constitutional provision
230 of indigent defense services in the state.
232 principles and procedures may not be required to provide indigent [
233 in excess of those principles and procedures.
235 Committee on the commission's efforts to improve the provision of indigent [
236 services statewide.
237 Section 5. Section 77-32-805 is amended to read:
238 77-32-805. Indigent Defense Resources Account -- Administration.
239 (1) For purposes of this part, "account" means the Indigent Defense Resources
241 (2) (a) There is created within the General Fund a restricted account known as the
242 "Indigent Defense Resources Restricted Account."
243 (b) [
244 (c) Subject to appropriation, [
247 (3) The account consists of:
248 (a) [
249 the commission consistent with principles of shared state and local funding;
250 (b) other [
251 77-32-809(3); and
252 (c) interest and earnings from the investment of account [
253 (4) [
254 earnings and interest accruing to the account.
255 (5) The account shall be administered by the commission for:
256 (a) the establishment and maintenance of a statewide indigent [
257 collection system;
258 (b) grants to indigent [
259 (c) grants to indigent [
260 (6) Money allocated to or deposited into the account shall be used:
261 (a) to reimburse participating systems for commission-approved expenditures for the
262 purposes listed in Subsection (5); and
263 (b) for administrative costs.
264 Section 6. Section 77-32-806 is amended to read:
265 77-32-806. Indigent and juvenile defense system participation.
266 (1) To qualify for grant [
267 legislative body responsible for an indigent [
268 (a) adopt a resolution stating the intent to apply for grant [
269 account and committing that the indigent [
270 principles for the effective representation of indigent individuals in court ; and
271 (b) submit a certified copy of that resolution together with an application to the
273 (2) The commission may revoke an indigent [
274 the system fails to meet minimum principles for the effective representation of indigent
275 individuals in court or other grant conditions established by the commission .
276 Section 7. Section 77-32-807 is amended to read:
277 77-32-807. Application for grant money.
278 (1) Applications for grant [
279 for the following expenses:
280 (a) establishment and maintenance of an indigent [
282 (b) defense resources;
283 (c) matching [
284 (d) critical need grants for defense services providers.
285 (2) (a) Matching [
286 awarded if the indigent [
287 baseline budget, as described in Subsection 77-32-809(2)(a), for defense services providers.
288 (b) For the purposes of Subsection (2)(a), matching [
290 (i) for a city or town, the indigent [
291 system's baseline budget; and
292 (ii) for a county, the product of the indigent defense system's spending above the
293 system's baseline budget and:
294 (A) 50% for counties of the first class;
295 (B) 100% for counties of the second or third class; or
296 (C) 200% for counties of the fourth through sixth class.
297 (3) Critical need grant [
298 awarded if the indigent [
299 satisfaction that:
300 (a) the system has incurred or reasonably anticipates incurring expenses in excess of
301 the system's annual local funding, as adjusted for population growth and inflation;
302 (b) the funding for the expenses described in Subsection (3)(a) is necessary for the
303 indigent [
304 representation; and
305 (c) increasing the system's local share for indigent [
306 constitute an undue burden on the indigent [
307 (4) If the application of a participating indigent [
308 by the commission, the director of the commission shall negotiate, enter into, and administer a
309 contract with the participating indigent [
310 Subsection (1).
311 (5) Nonparticipating systems remain responsible for meeting minimum principles for
312 effective representation but may not be eligible for any legislative relief.
313 (6) A county or municipality may not be required to increase the county or
314 municipality's certified tax rate pursuant to Section 59-2-924 to participate in the fund.
315 Section 8. Section 77-32-808 is amended to read:
316 77-32-808. Annual report, budget, and listing of expenditures -- Availability on
318 (1) As used in this section, "expenditures" means all payments or disbursements of
319 commission [
320 (2) The commission shall publish and make available to the public on a website the
321 commission's annual report, budget, salary information, a listing of all expenditures, and a list
322 of all indigent [
323 (3) Publication and availability of the listing of expenditures shall be on a quarterly
324 basis. The commission's budget and salary information may be published and made available
325 on an annual basis.
326 Section 9. Section 77-32-809 is amended to read:
327 77-32-809. Investigation, audit, and review of indigent and juvenile defense
328 services -- Cooperation and participation with commission -- Maintenance of local share
329 -- Necessity for excess funding.
330 (1) [
331 providing indigent [
332 commission in the investigation, audit, and review of all indigent [
333 (2) (a) For purposes of this part, "baseline budget" means an indigent [
334 defense system's [
336 adjusted for indigent defense case load fluctuations and inflations whenever subsequent grant
337 requests are submitted to the commission.
338 (b) An indigent [
339 each year.
340 (c) If the commission determines that [
342 effective representation, the excess [
343 or a combination of both, as determined by the grant application process described in Section
345 (d) An indigent [
346 local funding if minimum principles for effective representation may be met for less than local
348 (3) The commission may apply for and obtain state funding from any source to carry
349 out the purposes of this part. [
350 are state funds and shall be appropriated as provided by law.