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S1549................................................by JUDICIARY AND RULES
LEGAL REPRESENTATION - NEEDY - Amends existing law to provide for legal
representation of needy persons; to specify when a person shall be deemed a
needy person and may not be required to make payment or reimbursement for
the costs of the legal representation; and to provide that the prosecuting
attorney may not seek payment or reimbursement for legal assistance from a
needy person deemed to be needy under the statutory criteria at the time
the assistance was rendered.
03/07 Senate intro - 1st rdg - to printing
03/08 Rpt prt - to Jud
S1549
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1549
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO LEGAL REPRESENTATION OF NEEDY PERSONS; AMENDING SECTION 19-851,
3 IDAHO CODE, TO DEFINE CURRENT HOUSEHOLD INCOME AND TO MAKE TECHNICAL COR-
4 RECTIONS; AMENDING SECTION 19-854, IDAHO CODE, TO SPECIFY WHEN A PERSON
5 SHALL BE DEEMED A NEEDY PERSON AND MAY NOT BE REQUIRED TO MAKE PAYMENT OR
6 REIMBURSEMENT FOR THE COSTS OF PROVIDING THE PERSON WITH LEGAL REPRESENTA-
7 TION AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 19-858, IDAHO
8 CODE, TO PROVIDE THAT THE PROSECUTING ATTORNEY MAY NOT SEEK PAYMENT OR
9 REIMBURSEMENT FOR LEGAL ASSISTANCE FROM A NEEDY PERSON DEEMED TO BE NEEDY
10 UNDER THE STATUTORY CRITERIA AT THE TIME THE ASSISTANCE WAS RENDERED AND
11 TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 19-851, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 19-851. RIGHT TO REPRESENTATION BY COUNSEL -- DEFINITIONS. In this act,
16 the term:
17 (a) "Current household income" means the total money earned from any
18 source whatsoever during the immediately preceding month by all persons living
19 in a household, whether or not those persons are related by blood, marriage,
20 adoption or otherwise;
21 (b) "Detain" means to have in custody or otherwise deprive of freedom of
22 action;
23 (bc) "Expenses," when used with reference to representation under this
24 act, includes the expenses of investigation, other preparation, and trial;
25 (cd) "Needy person" means a person who, at the time his need is deter-
26 mined, is unable to provide for the full payment of an attorney and all other
27 necessary expenses of representation;
28 (de) "Serious crime" includes:
29 (1) aA felony;
30 (2) aAny misdemeanor or offense the penalty for which, excluding impris-
31 onment for non-payment nonpayment of a fine, includes the possibility of
32 confinement for more than six (6) months.
33 SECTION 2. That Section 19-854, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 19-854. DETERMINATION OF NEED -- FACTORS CONSIDERED -- PARTIAL PAYMENT BY
36 ACCUSED. (a) The determination of whether a person covered by section 19-852,
37 Idaho Code, is a needy person shall be deferred until his first appearance in
38 court or in a suit for payment or reimbursement under section 19-858, Idaho
39 Code, whichever occurs earlier. Thereafter, the court concerned shall deter-
40 mine, with respect to each proceeding, whether he is a needy person.
41 (b) In determining whether a person is a needy person and in determining
2
1 the extent of his inability to pay, the court concerned may consider such fac-
2 tors as income, property owned, outstanding obligations, other hardships, and
3 the number and ages of his dependents. However, notwithstanding the foregoing,
4 a person shall be deemed a needy person if that person's total current house-
5 hold income, as defined in section 19-851(a), Idaho Code, is less than one
6 hundred twenty-five percent (125%) of the federal poverty level for a house-
7 hold of equivalent size, and in such a case the person may not be required to
8 pay or reimburse the county or other political subdivision of the state for
9 attorney's fees or other expenses of providing the person with legal represen-
10 tation. Release on bail does not necessarily prevent him from being a needy
11 person. In each case, the person shall, subject to the penalties for perjury,
12 certify in writing or by other record such material factors relating to his
13 ability to pay as the court prescribes.
14 (c) To the extent that a person covered by section 19-852, Idaho Code, is
15 able to provide for an attorney, the other necessary services and facilities
16 of representation, and court costs, the court may order him to provide for
17 their payment.
18 SECTION 3. That Section 19-858, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 19-858. REIMBURSEMENT TO COUNTY -- WHEN AUTHORIZED. (a) Except as pro-
21 vided in subsection (c) of this section, tThe prosecuting attorney of each
22 county may, on behalf of the county, recover payment or reimbursement, as the
23 case may be, from each person who has received legal assistance or another
24 benefit under this act:
25 (1) tTo which he was not entitled;
26 (2) wWith respect to which he was not a needy person when he received it;
27 or
28 (3) wWith respect to which he has failed to make the certification
29 required by section 19-854, Idaho Code; and for which he refuses to pay or
30 reimburse. Suit must be brought within five (5) years after the date on
31 which the aid was received.
32 (b) The prosecuting attorney of each county may, on behalf of the county,
33 recover payment or reimbursement, as the case may be, from each person other
34 than a person covered by subsection (a) above of this section, who has
35 received legal assistance under this act and who, on the date on which suit is
36 brought, is financially able to pay or reimburse the county for it according
37 to the standards of ability to pay applicable under sections 19-851, 19-852
38 and 19-854, Idaho Code, but refuses to do so. Suit must be brought within
39 three (3) years after the date on which the benefit was received.
40 (c) Notwithstanding any other provision of law to the contrary, the
41 county shall not be entitled to recover any payment or reimbursement for legal
42 assistance or other benefit under this act from any needy person who meets the
43 requirements of section 19-854, Idaho Code, and who was a needy person when he
44 received the legal assistance.
45 (d) Amounts recovered under this section shall be paid into the county
46 general fund.
STATEMENT OF PURPOSE
RS 10005
This bill is intended to reaffirm Idaho's dedication to the guarantee of legal
representation to those who are unable to afford it when charged with a criminal
offense, as expressed in both the United States Constitution (6th Amendment) and
the Idaho Constitution (Article 1 Section 13), and to establish a uniform standard
throughout the State for provision of counsel at public expense. It does this by
prohibiting the assessment of costs of representation to the less fortunate, and by
setting the financial level at which a person presumptively qualifies for
representation at public expense.
FISCAL NOTE
There is no fiscal impact to the state.(Nor will there be any fiscal impact to
counties that have public defender contracted for representation of indigent
clients.)
CONTACT: Senator Mel Richardson
332-1332
STATEMENT OF PURPOSE/FISCAL IMPACT S1549