19-851. RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS. In this act, the term:

(1) "Commission" means the state public defense commission as created pursuant to section 19-849, Idaho Code;

(2) "Defending attorney" means any attorney employed by an indigent defense provider or otherwise assigned to represent adults or juveniles at public expense;

(3) "Detain" means to have in custody or otherwise deprive of freedom of action;

(4) "Expenses," when used with reference to representation under this act, includes the expenses of investigation, other preparation and trial;

(5) "Indigent defense provider" means any agency, entity, organization or person selected by a board of county commissioners in accordance with section 19-859, Idaho Code, or a designee of the commission if the commission’s actions to remedy specific deficiencies pursuant to section 19-862A(11)(b), Idaho Code, involve the direct provision of indigent defense services, as a means to provide for the representation of indigent persons and other individuals who are entitled to be represented by an attorney at public expense;

(6) "Indigent defense standard" means any rule promulgated by the commission pursuant to section 19-850(1)(a), Idaho Code;

(7) "Indigent person" means a person who, at the time his need is determined pursuant to section 19-854, Idaho Code, is unable to provide for the full payment of an attorney and all other necessary expenses of representation;

(8) "Local share" means the benchmark figure calculated by the commission to determine the minimum amount of county funding that shall be maintained by a county and to determine the award amount of state indigent defense financial assistance for which a county may be eligible pursuant to section 19-862A, Idaho Code. For any given county fiscal year, a county’s local share shall be the median of the annual amount in county funds expended by that county for indigent defense during each of the first three (3) of the preceding five (5) county fiscal years, as certified by the county clerk. In calculating this amount, county indigent defense expenditures shall not include:

(a) Amounts received from the public defense commission; and

(b) Amounts expended for capital cases by those counties participating in the capital crimes defense program in excess of premiums and deductibles required by guidelines approved by the Idaho capital crimes defense fund board of directors;

(9) "Serious crime" means any offense, the penalty for which includes the possibility of confinement, incarceration, imprisonment or detention in a correctional facility, regardless of whether actually imposed;

(10) "State indigent defense financial assistance" means the state funding a county may be awarded pursuant to section 19-862A, Idaho Code.

History:

[19-851, added 1967, ch. 181, sec. 1, p. 599; am. 1968 (2nd E.S.), ch. 10, sec. 1, p. 20; am. 1972, ch. 27, sec. 1, p. 39; am. 1972, ch. 385, sec. 1, p. 1117; am. 1995, ch. 59, sec. 1, p. 132; am. 2005, ch. 93, sec. 1, p. 313; am. 2013, ch. 220, sec. 1, p. 515; am. 2016, ch. 195, sec. 2, p. 547; am. 2019, ch. 35, sec. 2, p. 99.]