Nevada 2019 Regular Session Status: Enacted

AB 81 — Makes various changes relating to the oversight and provision of legal representation of indigent defendants in criminal cases. (BDR 14-436)

Last action — Chapter 485.

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  1. ✓
    Introduced
  2. ✓
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  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 20, 2018. Enacted.

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Summary

AN ACT relating to criminal defense; creating the Department of Indigent Defense Services to oversee criminal defense services provided to indigent persons in this State; creating the Board on Indigent Defense Services consisting of various appointed persons to provide certain direction and advice to the Executive Director of the Department and to establish certain policies; requiring the Board to establish the maximum amount a county may be required to pay for the provision of indigent defense services; authorizing the Board to adopt regulations governing indigent defense services; providing for the transfer of responsibility for the provision of indigent defense services from certain counties to the State Public Defender in certain circumstances; allowing such services to be transferred back to the county in certain circumstances; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

882 added · 897 removed

882 line(s) added, 897 removed.

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EXEMPT (Reprinted with amendments adopted on June 2, 2019) FOURTH REPRINT A.B.
Assembly Bill No.
81 ASSEMBLY BILL NO .
81–Committee on Judiciary CHAPTER..........
81–COMMITTEE ON JUDICIARY (ON B EHALF OF THE N EVADA R IGHT TO COUNSEL C OMMISSION ) PREFILED N OVEMBER 20, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to the oversight and provision of legal representation of indigent defendants in criminal cases.
(BDR 14-436) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegSenate Bill No.
Legislative Counsel’s Digest:
377 of the 2017 Legislative Session created the Nevada Right to Counsel Commission consisting of 13 voting members appointed by the Governor, the Legislature and the Nevada Supreme Court.
Senate Bill No.
The Chief Justice of the Supreme Court or his or her designee was to serve as an ex officio nonvoting member of the Commission.
377 of the 2017 Legislative Session created the Nevada Right to Counsel Commission consisting of 13 voting members appointed by the Supreme Court or his or her designee was to serve as an ex officio nonvoting the member of the Commission.
The Commission was charged with conducting a study during the 2017-2019 interim concerning issues relating to the provision of legal - *AB81_R4* – 2 – representation of indigent persons in criminal cases in this State.
The Commission was charged with conducting a study during the 2017-2019 interim concerning issues relating to the provision of legal representation of indigent persons in criminal cases in this State.
In its place, section 6 of this bill creates the Board on Indigent Defense Services and designates the manner in which members must be appointed.
In its place, section 6 of this bill creates the Board on Indigent Defense Services Board serve without compensation, except for per diem allowance and travelhe expenses.
Members of the Board serve without compensation, except for per diem allowance and travel expenses.
Voting certain acts.
Voting members may be removed by the Governor for incompetence, neglect of duty and certain acts.
Section 8 of this bill sets forth the duties of the Board, which include providing certain direction and advice to the Executive Director of the Department of Indigent Defense Services, which is created in section 9 of this bill.
Section 8 of this bill sets forth the duties of the Board, which include providing certain direction and advice to the Executive Director of the Department Executive Director of the Department serves at the pleasure of the Governor but may only be removed for cause.
The Executive Director of the Department serves at the pleasure of the Governor but may only be removed for cause.
The Board is further required to establish standards for providing indigent defense services, which include continuing education requirements for attorneys attorneys and guidelines for maximum caseloads of such attorneys.
The Board is further required to establish standards for providing indigent who provide indigent defense services, uniform tracking of information by suchs attorneys and guidelines for maximum caseloads of such attorneys.
Section 8uch further requires the Board to work with the Dean of the William S.
Section 8 further requires the Board to work with the Dean of the William S.
Boyd School of Law of the University of Nevada, Las Vegas, to determine incentives to recommend offering law students and attorneys to encourage them to provide indigent defense services, especially in rural areas of the State.
Boyd School of Law of the University of Nevada, Las Vegas, to determine incentives to - 80th Session (2019) – 2 – recommend offering law students and attorneys to encourage them to provide indigent defense services, especially in rural areas of the State.
Section 10 of this bill establishes the duties of the Executive Director of the Department of Indigent Defense Services, which include overseeing the functions of the Department, serving as Secretary of the Board, reporting to the Board regarding the work of the Department, developing the budget for the Department Legislature and the Governor.t for submission to the Nevada Supreme Court, the Section 11 of this bill requires the Executive Director to select two deputy directors.
Section 10 of this bill establishes the duties of the Executive Director of the Department of Indigent Defense Services, which include overseeing the functions regarding the work of the Department, developing the budget for the Department and preparing an annual report for submission to the Nevada Supreme Court, the Legislature and the Governor.
Section 11 of this bill requires the Executive Director to select two deputy directors.
In addition, section 12 charges this deputy director with determining whether attorneys are eligible to provide indigent defense services in accordance with the requirements established education programs for attorneys who provide indigent defense services andg legal identify and encourage best practices for delivering effective indigent defense services.
In addition, section charges this deputy director with determining whether attorneys are eligible to provide indigent defense services in accordance with the requirements established by the Board.
Section 13 of this bill makes the second deputy director responsible for reviewing the manner in which indigent defense services are provided throughout the State.
This deputy director will also develop and provide continuing legal education programs for attorneys who provide indigent defense services and identify and encourage best practices for delivering effective indigent defense services.
This deputy director will collect information from attorneys about caseloads, salaries and other information and will conduct on-site visits to determine whether indigent defense services are being provided in the most efficient and constitutional manner.
Section 13 of this bill makes the second deputy director responsible for reviewing the manner in which indigent defense services are provided throughout caseloads, salaries and other information and will conduct on-site visits tot determine whether indigent defense services are being provided in the most efficient and constitutional manner.
If the deputy director determines that a county is not providing such services in a manner which satisfies minimum standards that corrective action plan with the board of county commissioners for the county.blish a Section 14 of this bill requires such a plan to be established in collaboration between the board of county commissioners and the deputy director and then must be submitted to and approved by the Board.
If the deputy director determines that a county is not providing such services in a manner which satisfies minimum standards that are established by the Board, section 13 requires the deputy director to establish a corrective action plan with the board of county commissioners for the county.
If the board of county commissioners will have to spend more money than was budgeted in the previous year plus - *AB81_R4* – 3 – inflation to comply with the plan, section 14 requires the Executive Director to include the additional amount in the budget for the Department to help support the county in providing indigent defense services.
Section 14 of this bill requires such a plan to be established in collaboration between the board of county commissioners and the deputy director and then must be submitted to and approved by the Board.
If the board of county commissioners will have to spend more money than was budgeted in the previous year plus inflation to comply with the plan, section 14 requires the Executive Director to include the additional amount in the budget for the Department to help support the county in providing indigent defense services.
If the not required to have an office of public defender, which currently means a countys other than Clark and Washoe Counties, has the option to continue providing indigent defense services or transfer responsibility for providing such services to the State Public Defender.
If the budget is not approved with the additional amount for the county, a county that is not required to have an office of public defender, which currently means a county indigent defense services or transfer responsibility for providing such services to the State Public Defender.
For a county that is not required to have an office of public defender Director may instead recommend requiring the county to transfer responsibility for provision of indigent defense services to the State Public Defender.
For a county that is not required to have an office of public defender (currently all counties other than Clark and Washoe Counties), the Executive Director may instead recommend requiring the county to transfer responsibility for provision of indigent defense services to the State Public Defender.
In addition, section 8 requires the Board to establish a formula for determining the maximum amount that a county may be required to pay for the provision of indigent defense services.
In addition, section 8 requires the Board to establish a - 80th Session (2019) – 3 – formula for determining the maximum amount that a county may be required to pay for the provision of indigent defense services.
(NRS 260.010) Sections 22 and 27 of this bill revise these provisions to address their applicability when a county is required to transfer responsibility for 180.090, 260.010) Section 27 further requires each board of county commissioners to cooperate with the Board on Indigent Defense Services and the Department of Indigent Defense Services.
(NRS 260.010) Sections 22 and 27 of this bill revise these provisions to the provision of indigent defense services to the State Public Defender.
(NRSity for 180.090, 260.010) Section 27 further requires each board of county commissioners to cooperate with the Board on Indigent Defense Services and the Department of Indigent Defense Services.
(NRS 260.070) Section 29 of this bill also requires the public defender to make an annual report to the Department of Indigent Defense Services and further requires the board of county commissioners of a county that has a public defender or which contracts for indigent defense services to the Department.al report to the Department with such information as requested by Section 31 of this bill continues certain definitions applicable to the chapter governing the State Public Defender that were set to expire.
(NRS 260.070) Section 29 of this bill also requires the public defender to make an annual report to the Department of Indigent county that has a public defender or which contracts for indigent defense services to provide an annual report to the Department with such information as requested by the Department.
Section 31 of this bill continues certain definitions applicable to the chapter governing the State Public Defender that were set to expire.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and - *AB81_R4* – 4 – W HEREAS , Section 2 of Article 1 of the Nevada Constitution acknowledges that the paramount allegiance of every citizen is due to the Federal Government in the exercise of all its constitutional powers as have been or may be defined by the Supreme Court of the United States;
and W HEREAS , Section 2 of Article 1 of the Nevada Constitution acknowledges that the paramount allegiance of every citizen is due to the Federal Government in the exercise of all its constitutional powers as have been or may be defined by the Supreme Court of the United States;
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and W HEREAS , Although various counties in the State have accepted a large part of the responsibility for the provision of indigent defense, the State remains ultimately responsible for ensuring that such indigent defense services are properly funded and carried out;
and - 80th Session (2019) – 4 – W HEREAS , Although various counties in the State have accepted a large part of the responsibility for the provision of indigent defense, the State remains ultimately responsible for ensuring that such indigent defense services are properly funded and carried out;
and W HEREAS , The Legislature must further ensure proper oversight respond quickly, effectively and adequately to guarantee that the constitutional mandate of effective assistance of counsel is met;
and W HEREAS , The Legislature must further ensure proper oversight of the provision of defense to indigent persons in this State and respond quickly, effectively and adequately to guarantee that the constitutional mandate of effective assistance of counsel is met;
now, therefore THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
now, therefore THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
Section 1.
- *AB81_R4* – 5 – (a) That the defendant is without means of employing an attorney;
(a) That the defendant is without means of employing an attorney;
and (b) Otherwise determines that representation is required, the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent the defendant.
and (b) Otherwise determines that representation is required, - 80th Session (2019) – 5 – the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent the defendant.
The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court [.] , unless the county has transferred the responsibility to provide all indigent defense services for the county to the State Public Defender pursuant to section 14 of this act.
The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court [.] , unless the county has transferred county to the State Public Defender pursuant to section 14 of thise act.
If a private attorney is appointed as provided in this section, the Justice Court or the city for appearance in municipal court in anin amount not to exceed $75 per case.
If a private attorney is appointed as provided in this section, the private attorney must be reimbursed by the county for appearance in Justice Court or the city for appearance in municipal court in an amount not to exceed $75 per case.
178.3975.
Every defendant accused of a misdemeanor for which jail time may be imposed, a gross misdemeanor or a felony and who is financially unable to obtain counsel is entitled to have counsel assigned to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before a magistrate or the court through appeal, unless the defendant waives such appointment.
1.5.
NRS 178.397 is hereby amended to read as follows:
178.397 Every defendant accused of a misdemeanor for which jail time may be imposed, a gross misdemeanor or a felony and who is financially unable to obtain counsel is entitled to have counsel assigned to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before a magistrate or the court through appeal, unless the defendant waives such appointment.
Sec.
“Department” means the Department of Indigent Defense Services created by section 9 of this act.
“Department” means the Department of Indigent DefSec.
Sec.
(Deleted by amendment.) - *AB81_R4* – 6 – Sec.
(Deleted by amendment.) Sec.
(3) One member appointed by the Chief Justice of the Nevada Supreme Court who:
- 80th Session (2019) – 6 – (3) One member appointed by the Chief Justice of the Nevada Supreme Court who:
(5) One member selected by the Board of Governors of the State Bar of Nevada, appointed by the Governor, who:
(5) One member selected by the Board of Governors of the State Bar(I) Is an attorney licensed in this State and a member in good standing of the State Bar of Nevada;
(I) Is an attorney licensed in this State and a member in good standing of the State Bar of Nevada;
Counties who reside in a county whose population is less than 100,000, appointed by the Governor.
(6) Four members selected by the Nevada Association of Counties who reside in a county whose population is less than 100,000, appointed by the Governor.
One member must have expert(7) Two members selected by the Board of County Commissioners of Clark County, appointed by the Governor.
One member must have expertise in the finances of local government.
(7) Two members selected by the Board of County Commissioners of Clark County, appointed by the Governor.
In addition to the members appointed pursuant to subsection 1, the Governor may appoint up to two additional nonvoting members, one of whom must be upon the recommendation of the Board of Governors of the State Bar of Nevada.
In addition to the members appointed pursuant to nonvotingn 1members,vernonemayofppwhom up mustwo abeituponl the recommendation of the Board of Governors of the State Bar of Nevada.
(a) Significant experience providing legal representation to indigent persons who are charged with public offenses or to - *AB81_R4* – 7 – children who are alleged to be delinquent or in need of supervision;
(a) Significant experience providing legal representation to indigent persons who are charged with public offenses or to children who are alleged to be delinquent or in need of supervision;
4.
- 80th Session (2019) – 7 – 4.
5.
currently employed:t not be appointed to the Board if he or she is (a) Within the Department of Indigent Defense Services;
A person must not be appointed to the Board if he or she is currently employed:
(a) Within the Department of Indigent Defense Services;
(b) While engaged in the business of the Board, is entitled to receive the per diem allowance and travel expenses provided for sta7.
(a) Serves without compensation;
ofEach member of the Board who is an officer or employee of a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Board and perform any work necessary to carry out the duties of the Board in the most timely manner practicable.
and (b) While engaged in the business of the Board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
A local government shall not require an officer or employee who is a member of the Board to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.
Sec.
Each member of the Board who is an officer or employee of a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Board and perform any work necessary to carry out the duties of the Board in the most timely manner practicable.
A local government shall not require an officer or employee who is a member of the Board to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to takSec.
7.
The Chair for the following year must be selected in the same manner before the expiration of the - *AB81_R4* – 8 – current term of the sitting Chair.
The Chair for the following year must be selected in the same manner before the expiration of the current term of the sitting Chair.
4.
- 80th Session (2019) – 8 – 4.
(a) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures to be taken by the Department to ensure that indigent defense services are provided in an effective manner throughout this State.
(a) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures to be are provided in an effective manner throughout this State.rvices (b) Review information from the Department regarding caseloads of attorneys who provide indigent defense services.
(b) Review information from the Department regarding caseloads of attorneys who provide indigent defense services.
(c) Direct the Executive Director to conduct any additional audit, investigation or review the Board deems necessary to determine whether minimum standards in the provision of indigent defense services are being followed and provided in compliance with constitutional requirements.
(c) Direct the Executive Director to conduct any additional audit, investigation or review the Board deems necessary to determine whether minimum standards in the provision of indigent defense services are being followed and provided in com(d) Work with the Executive Director to develop procedures for the mandatory collection of data concerning the provision of services are provided.ces, including the manner in which such (e) Provide direction to the Executive Director concerning annual reports and review drafts of such reports.
(d) Work with the Executive Director to develop procedures for the mandatory collection of data concerning the provision of indigent defense services, including the manner in which such services are provided.
(e) Provide direction to the Executive Director concerning annual reports and review drafts of such reports.
(h) Provide advice and recommendations to the Executive Director on any other matter.
Director on any other matter.ommendations to the Executive 2.
2.
- *AB81_R4* – 9 – (b) Establish a procedure to receive complaints and recommendations concerning the provision of indigent defense services from any interested person including, without limitation, judges, defendants, attorneys and members of the public.
(b) Establish a procedure to receive complaints and recommendations concerning the provision of indigent defense services from any interested person including, without limitation, judges, defendants, attorneys and members of the public.
(c) Work with the Department to develop resolutions to complaints or to carry out recommendations.
- 80th Session (2019) – 9 – (c) Work with the Department to develop resolutions to complaints or to carry out recommendations.
(2) Requiring attorneys who provide indigent defense services to track their time and provide reports, and requiring the State Public Defender and counties that employ attorneys or otherwise contract for the provision of indigent defense services to require or include a provision in the employment or other contract requiring compliance with the regulations.
(2) Requiring attorneys who provide indigent defense services to track their time and provide reports, and requiring the otherwise contract for the provision of indigent defense services to require or include a provision in the employment or other contract requiring compliance with the regulations.
and each county that employs or contracts for the provision ofs indigent defense services to ensure, to the greatest extent possible, the same attorney represents a defendant through every stage oft the case without delegating the representation to others, except that administrative and other tasks which do not affect the rights of the defendant may be delegated.
(5) Requiring the Department of Indigent Defense Services and each county that employs or contracts for the provision of indigent defense services to ensure, to the greatest extent possible, consistency in the representation of indigent defendants so that the same attorney represents a defendant through every stage of the case without delegating the representation to others, except that administrative and other tasks which do not affect the rights of the defendant may be delegated.
A provision must be included in each employment or other contract of an attorney providing indigent defense services to require compliance with the regulations.
A provision must be included in each employment or other contract of an attorney providing indigent defense services to require compliance with the reg(e) Establish recommendations for the manner in which an attorney who is appointed to provide indigent defense services may request and receive reimbursement for expenses related to trial, including, without limitation, expenses for expert witnesses and investigators.
(e) Establish recommendations for the manner in which an attorney who is appointed to provide indigent defense services may request and receive reimbursement for expenses related to trial, including, without limitation, expenses for expert witnesses and investigators.
- *AB81_R4* – 10 – (g) Review laws and recommend legislation to ensure indigent defendants are represented in the most effective and constitutional manner.
- 80th Session (2019) – 10 – (g) Review laws and recommend legislation to ensure indigent defendants are represented in the most effective and constitutional manner.
Sec.
hereby created.he Department of Indigent Defense Services is 2.
9.
1.
The Department of Indigent Defense Services is hereby created.
2.
and shall not engage in any other gainful employment or occupation.and 4.
and (d) Must devote his or her entire time to his or her duties and shall not engage in any other gainful employment or occupation.
The Executive Director may, within the limits of money services of such employees or consultants as is necessary to carrye out the provisions of this chapter.
4.
Sec.
The Executive Director may, within the limits of money available for this purpose, employ or enter into a contract for the services of such employees or consultants as is necessary to carry out the provisions of this chapter.
10.
1.
The Executive Director shall:
(f) Prepare an annual report concerning indigent defense services in this State which includes information collected by the - *AB81_R4* – 11 – Department and such other information as requested by the Board;
- 80th Session (2019) – 11 – (f) Prepare an annual report concerning indigent defense services in this State which includes information collected by the Department and such other information as requested by the Board;
The final report must be submitted on or before July 1 of each year to the Nevada Supreme Court, the Legislature and the Office of the Governor.
The the Nevada Supreme Court, the Legislature and the Office of the to Governor.
counties whose population is less than 100,000.
1.
Such oversightn must include, without limitation:
Overseeing the provision of indigent defense services in counties whose population is less than 100,000.
(b) Determining whether attorneys meet the requirements established by the Board on Indigent Defense Services to be eligible to provide indigent defense services and maintaining a list of such attorneys.
Such oversight must include, without limitation:
(a) Oversight of the State Public Defender;
and established by the Board on Indigent Defense Services to be eligible to provide indigent defense services and maintaining a list of such attorneys.
Sec.
- 80th Session (2019) – 12 – Sec.
- *AB81_R4* – 12 – 1.
1.
Conduct on-site visits of court proceedings throughout the State to determine the manner in which indigent defense services are provided, including, without limitation, whether:
Conduct on-site visits of court proceedings throughout the State to determine the manner in which indigent defense services are(a) Minimum standards for the provision of indigent defense services established by the Board on Indigent Defense Services are being followed;
(a) Minimum standards for the provision of indigent defense services established by the Board on Indigent Defense Services are being followed;
Recommend entering into a corrective action plan with any board of county commissioners of a county which is not meeting the minimum standards for the provision of indigent defense such services.
Recommend entering into a corrective action plan with any board of county commissioners of a county which is not meeting the minimum standards for the provision of indigent defense services or is in any other manner deficient in the provision of such services.
in any other manner deficient in the provision of Sec.
pursuant to section 13 of this act, the deputy director and the board of county commissioners must collaborate on the manner in which the county will meet the minimum standards for the provision of indigent defense services and the time by which the county must meet those minimum standards.
14.
1.
If a corrective action plan is recommended board of county commissioners must collaborate on the manner in which the county will meet the minimum standards for the provision of indigent defense services and the time by which the county must meet those minimum standards.
If the plan established pursuant to subsection 1 will cause the county to expend more money than budgeted by the county in the previous budget year plus inflation for the provision of indigent defense services, the Executive Director shall include the additional amount needed by the county in the next budget for the Department of Indigent Defense Services to help support the indigent defense services provided by the county.
If the plan established pursuant to subsection 1 will cause the county to expend more money than budgeted by the county in the previous budget year plus inflation for the provision of indigent defense services, the Executive Director shall include the additional amount needed by the county in the next budget for the Department of Indigent Defense Services to help support the - 80th Session (2019) – 13 – indigent defense services provided by the county.
- *AB81_R4* – 13 – 3.
3.
For any county that is not required to have an office of public defender pursuant to NRS 260.010, if the additional amount included in the budget of the Department pursuant to subsection 2 is not approved, the board of county commissioners for the county to which the amount applies may determine whether to continue providing indigent defense services for the county or enter into an agreement with the Executive Director to transfer responsibility for the provision of such services to the State Public Defender.
For any county that is not required to have an office of public defender pursuant to NRS 260.010, if the additional amount included in the budget of the Department pursuant to subsection 2 is not approved, the board of county commissioners whether to continue providing indigent defense services for the county or enter into an agreement with the Executive Director to transfer responsibility for the provision of such services to the State Public Defender.
For a county that is not required to have an office of public defender pursuant to NRS 260.010, the Executive Director may instead recommend requiring the board of county commissioners to transfer responsibility for the provision of all Defender.
For a county that is not required to have an office of public defender pursuant to NRS 260.010, the Executive Director may instead recommend requiring the board of county commissioners to transfer responsibility for the provision of all indigent defense services for the county to the State Public submitted to and approved by the Board.
The recommendation of the Executive Director must be submitted to and approved by the Board.
Once approved, the board of county commissioners shall comply with the decision of the Board.
Once approved, the board Board.nty commissioners shall comply with the decision of the 6.
6.
(b) The board of county commissioners for the county shall pay the State Public Defender in the same manner and in an amount determined in the same manner as other counties for which the State Public Defender has responsibility for the provision of indigent defense services.
- 80th Session (2019) – 14 – (b) The board of county commissioners for the county shall pay the State Public Defender in the same manner and in an amount determined in the same manner as other counties for which the State Public Defender has responsibility for the provision of indigent defense services.
- *AB81_R4* – 14 – Sec.
Sec.
A county that transfers responsibility for the provision of indigent defense services to the State Public Defender pursuant to section 14 of this act may seek to have the responsibility transferred back to the county by submitting a request to the Executive Director in writing on or before December 31 of an even-numbered year.
A county that transfers responsibility for the pursuant to section 14 of this act may seek to have thelic Defender responsibility transferred back to the county by submitting a request to the Executive Director in writing on or before December 31 of an even-numbered year.
If the Executive Director approves a request to transfer responsibility for the provision of indigent defense services to the county, the board of county commissioners for the county shall notify the State Public Defender in writing on or before March 1 of the next odd-numbered year and the responsibilities must transfer at a specified time on or after July 1 of the same year in Director.
If the Executive Director approves a request to transfer responsibility for the provision of indigent defense services to the county, the board of county commissioners for the county shall notify the State Public Defender in writing on or before March 1 transfer at a specified time on or after July 1 of the same year in which the notice was given, as determined by the Executive Director.
notice was given, as determined by the Executive Sec.
Sec.
requires, the words and terms defined in NRS 180.003 and 180.004se and sections 3, 3.5 and 4 of this act have the meanings ascribed to them in those sections.
180.002 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 180.003 and 180.004 and sections 3, 3.5 and 4 of this act have the meanings ascribed to them in those sections.
2.
- 80th Session (2019) – 15 – 2.
(c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.
in the private practice of law.ided in NRS 7.065, shall not engage [4.] 5.
- *AB81_R4* – 15 – [4.] 5.
Sec.
Secs.
18.
18 and 19.
19.
(Deleted by amendment.) Sec.
2.
to NRS 62D.030, 62D.100, 171.188 or 432B.420, [and within thent limits of available money,] represent without charge each indigent person for whom the State Public Defender is appointed.
The State Public Defender shall, when designated pursuant to NRS 62D.030, 62D.100, 171.188 or 432B.420, [and within the limits of available money,] represent without charge each indigent person for whom the State Public Defender is appointed.
3.
Defender shall:presenting an indigent person, the State Public (a) Counsel and defend the indigent person at every stage of the pro(b) Prosecute any appeals or other remedies before or after conviction that the State Public Defender considers to be in the interests of justice.
When representing an indigent person, the State Public Defender shall:
(a) Counsel and defend the indigent person at every stage of the proceedings, including revocation of probation or parole;
and (b) Prosecute any appeals or other remedies before or after conviction that the State Public Defender considers to be in the interests of justice.
In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.
In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter - 80th Session (2019) – 16 – is to be presented to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section of Article 6 of the Nevada Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.
The State Public Defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.
The State Public Defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defSec.
Sec.
- *AB81_R4* – 16 – (a) A report on or before December 1 of each year to the [Governor] Executive Director and to each participating county containing a statement of:
(a) A report on or before December 1 of each year to the [Governor] Executive Director and to each participating county containing a statement of:
and (6) Such other information as requested by the Executive Director of the Department of Indigent Defense Services or the Board on Indigent Defense Services.
and (6) Such other information as requested by the Executive Board on Indigent Defense Services.ent Defense Services or the (b) To each participating county, on or before December 1 of each even-numbered year, the total proposed budget of the State Public Defender for that county, including the projected number of cases and the projected cost of services attributed to the county for the next biennium.
(b) To each participating county, on or before December 1 of each even-numbered year, the total proposed budget of the State Public Defender for that county, including the projected number of cases and the projected cost of services attributed to the county for the(c) Such reports to the Legislative Commission as the regulations of the Commission require.
(c) Such reports to the Legislative Commission as the regulations of the Commission require.
county in which the [office of public defender has not been created pursuant to NRS 260.010.] State Public Defender acts as the public defender for the county.
2.
Sec.
As used in this section, “participating county” means each county in which the [office of public defender has not been created pursuant to NRS 260.010.] State Public Defender acts as the public defender for the county.
- 80th Session (2019) – 17 – Sec.
180.090 Except as provided in subsections 4 and 5 of NRS 180.060, the provisions of [this chapter] NRS 180.010 to 180.100, inclusive, apply only to counties in which the office of public defender has not been created pursuant to the provisions of chapter 260 of NRS.
180.090 Except as provided in subsections 4 and 5 of NRS 180.060, the provisions of [this chapter] NRS 180.010 to 180.100, inclusive, apply only to counties in which the office of public defender has not been created pursuant to the provisions of chapter of NRS.
Each fiscal year the State Public Defender may collect from the counties amounts which do not exceed those authorized by the Legislature for use of the State Public Defender’s services during that year.
Each fiscal year the State Public Defender may collect from the counties amounts which do not exceed those services during that year.
The amount that a county may be required to pay must not exceed the maximum amount determined using the formula established by the Board pursuant to section 8 of this act.
The amount that a county may beDefender’s required to pay must not exceed the maximum amount determined using the formula established by the Board pursuant to section 8 of this act.
- *AB81_R4* – 17 – 2.
2.
Sec.
Secs.
24.
24 and 25.
25.
(Deleted by amendment.) Sec.
232.320 1.
(a) Shall.
The Director:
Tappoint,towith the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(2) The Administrator of the Division of Welfare and Suppor(3) The Administrator of the Division of Child and Family Services;
(2) The Administrator of the Division of Welfare and Supportive Services;
Financing and Policy;
(3) The Administrator of the Division of Child and Family Services;
andor of the Division of Health Care (5) The Administrator of the Division of Public and Behavioral Health.
(4) The Administrator of the Division of Health Care Financing and Policy;
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
and (5) The Administrator of the Division of Public and Behavioral Health.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
- 80th Session (2019) – 18 – (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Hea(c) Shall administer any state program for persons withvisions.
developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
- *AB81_R4* – 18 – (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State.
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services;
in providing those services and in the planning and budgeting for the future provision of those services;
and local governmental agencies to provide information regardingtate the programs of those organizations and agencies, excluding Director deems necessary for the performance of the duties imposed the upon him or her pursuant to this section.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
- 80th Session (2019) – 19 – (f) Has such other powers and duties as are provided by law.
In counties whose population is 100,000 or more, the boards of county commissioners shall [create] provide by ordinance for the office of public defender.
In counties whose population is 100,000 or more, the boards of county commissioners shall [create] provide by ord2.ancExcept as otherwise provided by subsection 4 [,] and except if the county voluntarily transfers or has been required to transfer responsibility for the provision of indigent defense services to the State Public Defender pursuant to section 14 of this act, in counties whose population is less than 100,000, boards of county commissioners may in their respective counties [create] provide by ordinance, at the beginning of a fiscal year, for the office of public defender.
2.
Except as otherwise provided by subsection 4 [,] and except if the county voluntarily transfers or has been required to transfer responsibility for the provision of indigent defense services to the State Public Defender pursuant to section 14 of this act, in counties whose population is less than 100,000, boards of county commissioners may in their respective counties [create] provide by - *AB81_R4* – 19 – ordinance, at the beginning of a fiscal year, for the office of public defender.
If the county contribution approved by the Legislature exceeds the estimate provided to the county on December 1 by more than 10 percent for either year of the biennium, the board of county commissioners may [create] provide for the office of county public defender on July 1 of the next even-numbered year if the board notifies the State Public Defender on or before March 1 of the same year in which the office is to be created.
If the county contribution approved by the Legislature exceeds the estimate provided to the county on December 1 by more than 10 percent for either year of the biennium, the board of county commissioners may [create] provide for the office of county public defender on July 1 of the next even-numbered year if the board year in which the office is to be created.efore March 1 of the same 5.
5.
or Department is collected and maintained;
(a) Ensure that data and information requested by the Board or Department is collected and maintained;
andted by the Board (b) Provide such information and reports concerning the the Department.digent defense services as requested by the Board or 8.
and - 80th Session (2019) – 20 – (b) Provide such information and reports concerning the provision of indigent defense services as requested by the Board or the Department.
8.
The public defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he or she has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.
The public defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he or she has been arrested and confined for a a public offense.
2.
for questioning on suspicion of having committed 2.
and - *AB81_R4* – 20 – (b) Prosecute, subject to the provisions of subsection 4 of NRS 180.060, any appeals or other remedies before or after conviction that he or she considers to be in the interests of justice.
and (b) Prosecute, subject to the provisions of subsection 4 of NRS 180.060, any appeals or other remedies before or after conviction that he or she considers to be in the interests of justice.
(b) The Department of Indigent Defense Services created by section 9 of this act which includes any information required by the Department.
(b) The Department of Indigent Defense Services created by section 9 of this act which includes any information required by the2.epThe board of county commissioners of each county with a public defender or which contracts for indigent defense services shall provide an annual report to the Department on or before May 1 of each year.
2.
The board of county commissioners of each county with a public defender or which contracts for indigent defense services shall provide an annual report to the Department on or before May 1 of each year.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 80th Session (2019) – 21 – Sec.
Section 35 of chapter 460, Statutes of Nevada 2017, at page 2Sec.
Section 35 of chapter 460, Statutes of Nevada 2017, at page 2943, is hereby amended to read as follows:
Sec.
[, and expires] expire by limitation on June 30, 2019., inclusive, of this act Sec.
[, and expires] 2.
Sections 1, 3, 5, 6 and 8 to 34, inclusive, of this act expire by limitation on June 30, 2019.
Sec.
1.
Justice of the Nevada Supreme Court, the Majority Leader of the Senate, the Speaker of the Assembly and the Governor pursuant to subparagraphs (1) to (5), inclusive, of paragraph (a) of subsection 1 of section 6 of this act.
June 30, 2022, for the members appointed by the Chief Justice of the Nevada Supreme Court, the Majority Leader of the Senate, the Speaker of the Assembly and the Governor pursuant to subparagraphs (1) to (5), inclusive, of paragraph (a) of subsection 1 of section 6 of this act.
June 30, 2021, for the member selected by the Board of County Commissioners of Washoe County pursuant to subparagraph (8) of paragraph (a) of subsection 1 of section 6 of this act and one of the members selected by the Board of County Commissioners of Clark County pursuant to subparagraph (7) of - *AB81_R4* – 21 – paragraph (a) of subsection 1 of section 6 of this act, as determined by the respective Boards.
June 30, 2021, for the member selected by the Board of County Commissioners of Washoe County pursuant to subparagraph (8) of paragraph (a) of subsection 1 of section 6 of this act and one of the members selected by the Board of County Commissioners of Clark County pursuant to subparagraph (7) of paragraph (a) of subsection 1 of section 6 of this act, as determined by the respective Boards.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a reqSec.
Sec.
This act becomes effective:
This act becomes effective:egislature.
3.
- 80th Session (2019) – 22 – 3.
H - *AB81_R4*
~~~~~ 19 - 80th Session (2019)
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Amendments

4 amendments

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Action History

  1. Chapter 485.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From printer. To re-engrossment. Re-engrossed. Fourth reprint. Read third time. Passed, as amended. Title approved, as amended. Preamble adopted. (Yeas: 16, Nays: 4, Not voting: 1.) To Assembly. In Assembly. Senate Amendment No. 1102 concurred in. To enrollment.

  5. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 1102.) To printer.

  6. From printer. To reengrossment. Reengrossed. Third reprint. To Senate. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  7. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 902.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. Preamble adopted. (Yeas: 27, Nays: 12, Excused: 2, Vacant: 1.) To printer.

  8. From printer. To engrossment. Engrossed. Second reprint. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. To committee. Withdrawn from committee. Read third time. Amended. (Amend. No. 632.) Rereferred to Committee on Ways and Means. To printer.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 615.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  11. Notice of eligibility for exemption.

  12. Read first time. To committee.

  13. From printer.

  14. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 81 do?
AN ACT relating to criminal defense; creating the Department of Indigent Defense Services to oversee criminal defense services provided to indigent persons in this State; creating the Board on Indigent Defense Services consisting of various appointed persons to provide certain direction and advice to the Executive Director of the Department and to establish certain policies; requiring the Board to establish the maximum amount a county may be required to pay for the provision of indigent defense services; authorizing the Board to adopt regulations governing indigent defense services; providing for the transfer of responsibility for the provision of indigent defense services from certain counties to the State Public Defender in certain circumstances; allowing such services to be transferred back to the county in certain circumstances; and providing other matters properly relating thereto.
Who sponsors AB 81?
AB 81 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 81?
This bill has been enacted into law. Introduced November 20, 2018. Enacted.
Where can I track AB 81?
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