Print Friendly HOUSE BILL NO. 477 – Capital Crimes Defense Fund estab
HOUSE BILL NO. 477
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H0477................................by JUDICIARY, RULES AND ADMINISTRATION
CAPITAL CRIMES DEFENSE FUND - Amends and adds to existing law to authorize
establishment of a Capital Crimes Defense Fund by the counties to fund the
costs of criminal defense in cases where the penalty of death is a legal
possibility and to provide for creation of the Office of the State
Appellate Public Defender of the Office of the Governor.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 67-1-2
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Schaefer, Stevenson, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Barrett, Stone
Floor Sponsors - Kjellander, Bell
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne,
Twiggs, Wheeler, Whitworth
Absent and excused--Bunderson, McLaughlin
Floor Sponsor - Sorensen
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/16 Pres signed
03/16 To Governor
03/20 Governor VETOED
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 477
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CAPITAL CRIMES DEFENSE FUND AND THE STATE APPELLATE PUBLIC
3 DEFENDER ACT; AMENDING CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF
4 A NEW SECTION 19-863A, IDAHO CODE, TO AUTHORIZE ESTABLISHMENT OF A CAPITAL
5 CRIMES DEFENSE FUND BY THE COUNTIES TO FUND THE COSTS OF CRIMINAL DEFENSE
6 IN CASES WHERE THE PENALTY OF DEATH IS A LEGAL POSSIBILITY, TO PROVIDE FOR
7 ORGANIZATION AND OPERATION OF THE FUND IN ACCORDANCE WITH A JOINT POWERS
8 AGREEMENT, TO PROVIDE FOR CONTRIBUTIONS TO THE FUND, TO PROVIDE FOR OPERA-
9 TION OF THE FUND BY A BOARD OF REPRESENTATIVES, TO PROVIDE POWERS OF THE
10 GOVERNING BOARD OF THE FUND AND TO PROVIDE THAT THE SERVICES OF THE STATE
11 APPELLATE PUBLIC DEFENDER SHALL BE AVAILABLE ONLY TO COUNTIES PARTICIPAT-
12 ING IN THE FUND; AMENDING CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION
13 OF A NEW SECTION 19-867, IDAHO CODE, TO PROVIDE A SHORT TITLE; AMENDING
14 CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-868,
15 IDAHO CODE, TO PROVIDE A STATEMENT OF LEGISLATIVE INTENT; AMENDING CHAPTER
16 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-869, IDAHO
17 CODE, TO PROVIDE FOR CREATION OF THE OFFICE OF THE STATE APPELLATE PUBLIC
18 DEFENDER IN THE OFFICE OF THE GOVERNOR, TO PROVIDE FOR THE APPOINTMENT,
19 QUALIFICATIONS, TERM AND COMPENSATION OF THE STATE APPELLATE PUBLIC
20 DEFENDER AND TO PROVIDE FOR ADOPTION OF POLICIES AND RULES BY THE GOVERNOR
21 TO IMPLEMENT THE ACT; AMENDING CHAPTER 8, TITLE 19, IDAHO CODE, BY THE
22 ADDITION OF A NEW SECTION 19-870, IDAHO CODE, TO PROVIDE THE POWERS AND
23 DUTIES OF THE STATE APPELLATE PUBLIC DEFENDER; AMENDING CHAPTER 8, TITLE
24 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-871, IDAHO CODE, TO
25 PROVIDE FOR APPOINTMENT OF ADDITIONAL COUNSEL BY THE STATE APPELLATE PUB-
26 LIC DEFENDER; AMENDING CHAPTER 8, TITLE 19, IDAHO CODE, BY THE ADDITION OF
27 A NEW SECTION 19-872, IDAHO CODE, TO PROVIDE FOR AN ANNUAL REPORT; AND
28 AMENDING SECTION 67-5303, IDAHO CODE, TO PROVIDE THAT THE STATE APPELLATE
29 PUBLIC DEFENDER, DEPUTY STATE APPELLATE PUBLIC DEFENDERS AND ALL EMPLOYEES
30 OF THE OFFICE OF THE STATE APPELLATE PUBLIC DEFENDER SHALL BE NONCLASSI-
31 FIED EMPLOYEES.
32 Be It Enacted by the Legislature of the State of Idaho:
33 SECTION 1. That Chapter 8, Title 19, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION , to be
35 known and designated as Section 19-863A, Idaho Code, and to read as follows:
36 19-863A. CAPITAL CRIMES DEFENSE FUND AUTHORIZED. (1) The establishment of
37 a capital crimes defense fund by the counties of the state for purposes of
38 funding the costs of criminal defense in cases where the penalty of death is a
39 legal possibility is hereby authorized. The fund shall be organized and oper-
40 ated in accordance with a joint powers agreement, as authorized by chapter 23,
41 title 67, Idaho Code, executed by the participating counties. Membership in
42 the fund shall be voluntary, as determined by resolution of the board of
43 county commissioners of the respective counties of the state.
1 (2) The fund may be comprised of contributions from participating coun-
2 ties and any court fees or other funds designated or appropriated for deposit
3 in the fund by the legislature.
4 (3) The fund shall be operated and administered by a board of representa-
5 tives to be selected as provided in the joint powers agreement. If moneys are
6 appropriated to the fund by the legislature, the governor shall appoint a rep-
7 resentative of the executive branch of state government to serve as a voting
8 member of the governing board, and if court fees are designated for deposit in
9 the fund, the Idaho supreme court shall appoint a representative of the judi-
10 cial branch of state government to serve as a voting member of the board.
11 (4) The governing board of the fund shall have full authority to employ
12 personnel and contract for personal and professional services as necessary and
13 may take all other steps necessary or proper to determine the manner in which
14 the fund shall be utilized to assist participating counties in meeting defense
15 costs associated with representation of indigent defendants charged with
16 crimes for which the penalty of death is a legal possibility.
17 (5) The services of the state appellate public defender as provided in
18 section 19-870, Idaho Code, shall be available only to those counties partici-
19 pating in the fund.
20 SECTION 2. That Chapter 8, Title 19, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION , to be
22 known and designated as Section 19-867, Idaho Code, and to read as follows:
23 19-867. SHORT TITLE. Sections 19-867 through 19-872, Idaho Code, shall
24 be known as the "State Appellate Public Defender Act."
25 SECTION 3. That Chapter 8, Title 19, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION , to be
27 known and designated as Section 19-868, Idaho Code, and to read as follows:
28 19-868. STATEMENT OF LEGISLATIVE INTENT. The legislature recognizes that
29 the cost of legal representation of indigent defendants upon the appeal of
30 their criminal convictions, particularly convictions for first-degree murder,
31 is an extraordinary burden on the counties of this state. In order to reduce
32 this burden, provide competent counsel but avoid paying high hourly rates to
33 independent counsel to represent indigent defendants in appellate proceedings,
34 the legislature hereby creates the office of the state appellate public
36 SECTION 4. That Chapter 8, Title 19, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION , to be
38 known and designated as Section 19-869, Idaho Code, and to read as follows:
39 19-869. CREATION -- APPOINTMENT -- QUALIFICATIONS -- TERM -- COMPENSA-
40 TION. (1) The office of state appellate public defender is hereby created in
41 the office of the governor.
42 (2) The governor shall appoint the state appellate public defender with
43 the advice and consent of the senate.
44 (3) The state appellate public defender shall be an attorney licensed to
45 practice law in the state of Idaho and shall have a minimum of five (5) years'
46 experience as a practicing attorney. The governor may prescribe such further
47 qualifications as he deems necessary for the position.
48 (4) The state appellate public defender shall serve for a term of four
49 (4) years, during which term he may be removed only for good cause, and shall
1 be compensated in an amount determined by the governor.
2 (5) The governor may adopt policies or rules necessary to give effect to
3 the purposes of this act.
4 SECTION 5. That Chapter 8, Title 19, Idaho Code, be, and the same is
5 hereby amended by the addition thereto of a NEW SECTION , to be
6 known and designated as Section 19-870, Idaho Code, and to read as follows:
7 19-870. POWERS AND DUTIES. (1) Subject to the provisions of subsection
8 (2) of this section, the state appellate public defender, upon appointment by
9 the court, shall provide representation for indigent defendants in felony
10 criminal actions in the following cases:
11 (a) Appeals from convictions in district court;
12 (b) Appeals from the district court in post-conviction relief proceedings
13 brought pursuant to the uniform post-conviction procedure act, chapter 49,
14 title 19, Idaho Code;
15 (c) Appeals from the district court in habeas corpus proceedings brought
16 pursuant to chapter 42, title 19, Idaho Code;
17 (d) Post-conviction relief proceedings in district court in capital
19 (2) The services of the state appellate public defender shall be avail-
20 able only to those counties participating in the capital crimes defense fund
21 established pursuant to section 19-863A, Idaho Code.
22 (3) The state appellate public defender may employ deputy state appellate
23 public defenders and other employees necessary to carry out the responsibili-
24 ties of the office. The state appellate public defender, in his discretion,
25 may contract with private attorneys to provide representation on a case-by-
26 case basis when such contracts would conserve budgetary resources.
27 (a) A deputy state appellate public defender must be licensed to practice
28 law in the state of Idaho and possess any other qualifications required by
29 the state appellate public defender.
30 (b) The state appellate public defender shall fix the compensation of all
31 employees of the office and they shall serve at his pleasure.
32 (c) The state appellate public defender, deputy state appellate public
33 defenders and all employees of the office of the state appellate public
34 defender shall be nonclassified employees, pursuant to section 67-5303,
35 Idaho Code.
36 (4) The state appellate public defender shall have any and all other
37 powers and duties necessary to carry out the purposes of this act, including
38 the authority to promulgate rules in accordance with the provisions of chapter
39 52, title 67, Idaho Code.
40 SECTION 6. That Chapter 8, Title 19, Idaho Code, be, and the same is
41 hereby amended by the addition thereto of a NEW SECTION , to be
42 known and designated as Section 19-871, Idaho Code, and to read as follows:
43 19-871. APPOINTMENT OF ADDITIONAL COUNSEL. Should the state appellate
44 public defender be unable to carry out the duties required in this act because
45 of a conflict of interest or any other reason, the state appellate public
46 defender shall arrange for counsel for indigent defendants to be compensated
47 out of the budget of the state appellate public defender.
48 SECTION 7. That Chapter 8, Title 19, Idaho Code, be, and the same is
49 hereby amended by the addition thereto of a NEW SECTION , to be
50 known and designated as Section 19-872, Idaho Code, and to read as follows:
1 19-872. ANNUAL REPORT. The state appellate public defender shall make an
2 annual report to the state board of examiners, the supreme court, the legisla-
3 ture and all counties for whom the office has provided services concerning the
4 cases handled by his office during the preceding year.
5 SECTION 8. That Section 67-5303, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-5303. APPLICATION TO STATE EMPLOYEES. All departments of the state of
8 Idaho and all employees in such departments, except those employees specifi-
9 cally defined as nonclassified, shall be classified employees, who are subject
10 to this act and to the system of personnel administration which it prescribes.
11 Nonclassified employees shall be:
12 (a) Members of the state legislature and all other officers of the state
13 of Idaho elected by popular vote, and persons appointed to fill vacancies in
14 elective offices, and employees of the state legislature.
15 (b) Members of statutory boards and commissions and heads of departments
16 appointed by and serving at the pleasure of the governor, deputy directors
17 appointed by the director and members of advisory boards and councils
18 appointed by the departments.
19 (c) All employees and officers in the office, and at the residence, of
20 the governor; and all employees and officers in the offices of the
21 lieutenant-governor lieutenant governor , secretary of
22 state, attorney general, state treasurer, state controller, and state superin-
23 tendent of public instruction who are appointed on and after the effective
24 date of this act.
25 (d) Except as otherwise provided by law, not more than one (1) declared
26 position for each board or commission and/or head of a participating depart-
27 ment in addition to those declared to be nonclassified by other provisions of
29 (e) Part-time professional consultants who are paid on a fee basis for
30 any form of legal, medical or other professional service, and who are not
31 engaged in the performance of administrative duties for the state.
32 (f) Judges, temporary referees, receivers and jurors.
33 (g) All employees of the Idaho supreme court and district courts.
34 (h) All employees of the Idaho state bar.
35 (i) Assistant attorneys general attached to the office of the attorney
37 (j) Officers, members of the teaching staffs of state educational insti-
38 tutions, the professional staff of the Idaho department of education adminis-
39 tered by the board of regents and the board of education, and the professional
40 staffs of the Idaho department of vocational education and vocational rehabil-
41 itation administered by the state board for vocational education. "Teaching
42 staff" includes teachers, coaches, resident directors, librarians and those
43 principally engaged in academic research. The word "officer" means presidents,
44 vice presidents, deans, directors, or employees in positions designated by the
45 state board who receive an annual salary of not less than step "A" of the pay
46 grade equivalent to three hundred fifty-five (355) Hay points in the state
47 compensation schedule. A nonclassified employee who is designated as an
48 "officer" on July 5, 1991, but does not meet the requirements of this subsec-
49 tion, may make a one (1) time irrevocable election to remain nonclassified.
50 Such an election must be made not later than August 2, 1991. When such posi-
51 tions become vacant, these positions will be reviewed and designated as either
52 classified or nonclassified in accordance with this subsection.
53 (k) Employees of the military division not assigned to the bureau of
1 disaster services.
2 (l) Patients, inmates or students employed in a state institution.
3 (m) Persons employed in positions established under federal grants,
4 which, by law, restrict employment eligibility to specific individuals or
5 groups on the basis of nonmerit selection requirements. Such employees shall
6 be termed "project exempt" and the tenure of their employment shall be limited
7 to the length of the project grant, or twenty-four (24) months, or four thou-
8 sand one hundred sixty (4,160) hours of credited state service, whichever is
9 of the shortest duration. No person hired on a project-exempt appointment
10 shall be employed in any position allocated to the classified service.
11 (n) Temporary employees.
12 (o) All employees and officers of the following named commodity commis-
13 sions, and all employees and officers of any commodity commission created
14 hereafter: the Idaho potato commission, as provided in chapter 12, title 22,
15 Idaho Code; the Idaho honey advertising commission, as provided in chapter 28,
16 title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29,
17 title 22, Idaho Code; the Idaho prune commission, as provided in chapter 30,
18 title 22, Idaho Code; the Idaho hop grower's commission, as provided in chap-
19 ter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chap-
20 ter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided
21 in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided
22 in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided
23 in chapter 37, title 22, Idaho Code; the Idaho mint grower's commission, as
24 provided in chapter 38, title 22, Idaho Code; the state board of sheep commis-
25 sioners, as provided in chapter 1, title 25, Idaho Code; the state brand
26 board, as provided in chapter 11, title 25, Idaho Code; the Idaho beef coun-
27 cil, as provided in chapter 29, title 25, Idaho Code; and the Idaho dairy
28 products commission, as provided in chapter 31, title 25, Idaho Code.
29 (p) All inspectors of the fresh fruit and vegetable inspection service of
30 the Idaho department of agriculture, except those positions involved in the
31 management of the program.
32 (q) All employees of the division of correctional industries within the
33 department of correction.
34 (r) All wardens employed by the department of correction.
35 (s) All public information positions with the exception of secretarial
36 positions, in any department.
37 (t) Any division administrator.
38 (u) Any regional administrator or assistant administrator in the division
39 of environmental protection in the department of health and welfare.
40 (v) All employees of the division of financial management.
41 (w) All employees of the Idaho food quality assurance institute.
42 (x) The state appellate public defender, deputy state appellate
43 public defenders and all other employees of the office of the state appellate
44 public defender.
STATEMENT OF PURPOSE
This legislation is recommended by the Legislative Council Interim Committee on the
Criminal Justice Process. The legislation provides for the establishment by the counties of a capital
crimes defense fund and the creation of the state appellate public defender.
Counties throughout the state have experienced high costs of defending indigents in first degree
murder cases. In some counties these costs have been catastrophic. Under this legislation counties can
create a capital crimes defense fund, to which contributions would be made by participating counties.
Counties could draw from the fund to defray the catastrophic costs of public defense of indigents in
capital cases. The administration and operation of the fund, including the criteria for withdrawals, would
be established in a joint powers agreement between the counties. Participation in the fund would be
voluntary, but a county must be a fund participant in order to utilize the services of the state appellate
public defender, which is also created in this legislation.
The costs of indigent defense in capital cases is a particular burden to the counties, since the
county public defender is responsible not only for the trial of the case, but for all appeals to state
appellate courts. On the prosecution side, the county prosecutor handles only the trial phase. All
appeals are handled by the attorney general, resulting in a shift of these costs to the state. This legislation
establishes the same cost shift on the defense side by creating the of office of the state appellate public
defender. The SAPD would handle appeals for indigent defendants in all felony cases originating in a
county which is a participant in the capital crimes defense fund. The governor would appoint the state
appellate public defender, with the advice and consent of the senate, for a term of four years. The state
appellate public defender could appoint deputies and hire of office personnel, with all employees of the
of office to be non classified.
The anticipated fiscal impact to create the office of the state appellate public defender would
be $,830,400 in the first fiscal year, and $756,100 for the following year. These funds would pay for
the salary and operating expenses of a state appellate public defender, seven deputy public defenders,
and three legal secretaries. One-time funding of $74,300 would be necessary i or equipment in the
first year of operation. This fiscal impact is based upon what the state currently pays for statewide
appellate work for the prosecution. The portion of this legislation providing for the capital crimes
defense fund would have no fiscal impact on the general fund.
CONTACT: Susan Mather or Cathy Holland-Smith (fiscal impact)
334-4858 (Susan) 334-4731 (Cathy)
STATEMENT OF PURPOSE/FISCAL NOTE