Criminal procedure: indigent defense compensation.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Passed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill aims to improve the quality and consistency of legal representation for indigent defendants in California. It seeks to move away from flat-fee contracts, which can incentivize attorneys to cut corners, and instead establishes a system where attorneys are compensated based on the actual time and resources required to handle each case. The bill also requires counties to comply with the Office of the State Public Defender’s standards for indigent defense contracts and mandates regular reporting to the State Public Defender.
Key provisions
- Requires counties and courts to include specific requirements in indigent defense contracts, aligning with the Office of the State Public Defender’s standards.
- Prohibits flat-fee or per-case compensation contracts for indigent defense services.
- Mandates that contract amounts account for the full costs of modern criminal defense, including technology, support staff, and ancillary services.
- Requires counties to provide contracts for indigent defense services to the Office of the State Public Defender every two years.
- Specifies that contracts must include an hourly rate or equivalent.
- Encourages the establishment of panels of attorneys to provide defense services.
- Allows for the continued representation of a defendant by the same counsel in multiple counties if certain conditions are met.
- Requires counties to ensure attorneys have sufficient time and resources for effective representation.
Who is affected
Bill text
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Sponsors
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1 on record
Primary sponsor
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