19-862A. COMPLIANCE — INDIGENT DEFENSE FINANCIAL ASSISTANCE. (1) All counties, indigent defense providers and defending attorneys shall cooperate and participate with the commission in the review of their indigent defense services.

(2) By May 15 of each year, each county may submit to the commission a compliance proposal, which shall be an essential requirement in order to be considered for state indigent defense financial assistance. The compliance proposal shall include a plan that specifically addresses how indigent defense standards shall be met and, if applicable under subsection (11)(a) of this section, how any deficiencies previously identified by the commission will be cured in the upcoming county fiscal year. The proposal shall also include a cost analysis that shall specifically identify the amount of funding in excess of the applicable local share, if any, necessary to allow the county to successfully execute its plan. In the event the commission determines that the county can successfully execute its plan without exhausting the entirety of the financial assistance for which it may be eligible, a proposal submitted pursuant to this section may request funding to be used for other improvements to its delivery of indigent defense services. Such other improvements may include, but are not limited to, funding for investigation costs, witness expenses and other extraordinary litigation costs.

(3) The amount of state indigent defense financial assistance shall not exceed fifteen percent (15%) of the county’s local share for said county fiscal year or twenty-five thousand dollars ($25,000), whichever is greater. If a county elects to join with the board of county commissioners of one (1) or more other counties within the same judicial district to establish and maintain a joint office of public defender pursuant to section 19-859(2), Idaho Code, each participating county shall be eligible for an additional twenty-five thousand dollars ($25,000) per year. The maximum amount of state indigent defense financial assistance shall remain in effect until July 1, 2019, unless otherwise addressed by the legislature prior to that date.

(4) The commission shall accept a compliance proposal submitted under subsection (2) of this section, in an amount deemed appropriate by the commission, if the proposal:

(a) Includes a plan that is necessary to meet or improve upon indigent defense standards; and

(b) Demonstrates that the amount of the requested state indigent defense financial assistance is necessary to meet or improve upon indigent defense standards.

(5) The commission shall accept or reject a compliance proposal submitted under subsection (2) of this section within sixty (60) days of the submission of the compliance proposal. If the commission rejects the proposal, the county shall consult with the commission and submit a revised proposal within thirty (30) days of the mailing date of the official notification of the commission’s rejection. If after two (2) revisions a resolution is not reached, any dispute shall be resolved in accordance with the Idaho administrative procedure act and rules promulgated by the commission pursuant to section 19-850(1)(a)(v), Idaho Code.

(6) On October 1, 2016, or as soon thereafter as is practicable, and on October 1 of each year thereafter, or as soon thereafter as is practicable, the commission shall distribute the approved state indigent defense financial assistance to a county if:

(a) The most recent annual report required by section 19-864, Idaho Code, has been filed, to the satisfaction of the commission;

(b) The county has filed, to the satisfaction of the commission, its most recent proposal for state indigent defense financial assistance required by subsection (2) of this section; and

(c) The county has cured, to the satisfaction of the commission, any material breach of the terms of previously approved state indigent defense financial assistance.

(7) On or before September 1, 2016, and by September 1 of each year thereafter, the commission shall submit a report with its annual budget request to the office of the administrator of the division of financial management and the legislative services office requesting the appropriation of funds necessary to provide state indigent defense financial assistance to counties as approved by the commission. The information used to create this report shall be made available to the administrator of the division of financial management and the legislative services office.

(8) A county may be required to provide indigent defense funds in excess of its local share in the event the cost of successfully executing its plan submitted pursuant to subsection (2) of this section exceeds the sum of its local share and the maximum state indigent defense financial assistance for which it may be eligible in a given county fiscal year.

(9) By March 31 of each year, all counties shall be in compliance with indigent defense standards that were in full force and effect as of May 1 of the prior year.

(10) Each proposal submitted pursuant to subsection (2) of this section after March 31, 2017, shall contain an attestation stating whether the county has complied with indigent defense standards as required by subsection (9) of this section and, if not, a specific explanation for its failure to do so.

(11) In the event the commission determines that any county has failed to materially comply with indigent defense standards, the commission shall:

(a) Require the county’s upcoming state indigent defense compliance proposal to specifically address how the noncompliance will be cured in the upcoming county fiscal year as provided in subsection (2) of this section; or

(b) If any county has willfully and materially failed to comply with indigent defense standards, notify the county in writing of its determination and intent to remedy specific deficiencies at the expense of the county to the extent necessary to comply with indigent defense standards. Within thirty (30) days of the date of said notice, the commission and the county or their designees shall attempt to meet at least once to resolve the issues of the noncompliance. If the commission and the county are unable to resolve the matter through this meeting process, the commission and county shall mutually set a date for mediation within forty-five (45) days, with the cost of mediation to be paid equally by the parties. If after mediation the commission and the county are unable to come to a resolution, the commission shall provide written notice to the county of its decision to remedy specific deficiencies at the expense of the county to the extent necessary to comply with indigent defense standards. This decision is subject to administrative review as provided in subsection (13) of this section. If the county does not timely request administrative review or if the administrative review process affirms the commission’s determination, the commission shall remedy specific deficiencies at the expense of the county to the extent necessary to comply with indigent defense standards.

(12) If the commission acts to remedy specific deficiencies as provided in subsection (11)(b) of this section, the county shall pay to the commission, notwithstanding the county’s applicable local share, the amount incurred by the commission in remedying specific deficiencies as billed by the commission on a semiannual basis coinciding with the county fiscal year. Such amount shall be paid to the commission within sixty (60) days of the date of the billing. If the county fails to provide the commission with the funds billed pursuant to this subsection within sixty (60) days of the date of the commission’s billing, the state treasurer shall immediately intercept any payments from sales tax moneys that would be distributed to the county pursuant to section 63-3638, Idaho Code, and apply the intercepted payments to reimburse the commission for the costs incurred in remedying specific deficiencies as billed pursuant to this subsection. The foregoing intercept and transfer provisions shall operate by force of law and no consent thereto is required of the county in order to be enforceable. The commission and the state have no obligation to the county or to any person or entity to replace any moneys intercepted under the authority of this subsection.

(13) A county aggrieved by a decision made by the commission pursuant to subsection (11)(b) of this section shall be afforded reasonable notice and opportunity for a fair hearing in accordance with the Idaho administrative procedure act and rules promulgated by the commission pursuant to section 19-850(1)(a)(v), Idaho Code.

(14) If the commission’s actions to remedy specific deficiencies, pursuant to subsection (11)(b) of this section, involve providing indigent defense services on behalf of a county, the county may submit a compliance proposal for state indigent defense financial assistance in accordance with subsection (2) of this section and request to resume providing indigent defense services. The commission may accept the proposal and permit the county to resume providing indigent defense services in the event the county has demonstrated that it has cured or will cure any material noncompliance with indigent defense standards to the satisfaction of the commission.

(15) Failure to comply with the standards promulgated pursuant to section 19-850(1)(a), Idaho Code, or the terms of state indigent defense financial assistance does not constitute ineffective assistance of counsel under the constitutions of the United States or the state of Idaho.

History:

[19-862A, added 2016, ch. 195, sec. 5, p. 548; am. 2019, ch. 35, sec. 3, p. 100.]