wa-law.org > bill > 2023-24 > SB 5773 > Original Bill

SB 5773 - Public defense services

Source

Section 1

  1. The Washington state office of public defense shall disburse appropriated funds to counties and cities for the purpose of improving the quality of public defense services.

  2. In order to receive appropriated funds under RCW 10.101.060, each county or city must :

    1. Require that attorneys providing public defense services attend training approved by the office of public defense at least once per calendar year;

    2. Report the expenditure for all public defense services in the previous calendar year, as well as case statistics for that year, including per attorney caseloads, and shall provide a copy of each current public defense contract to the office of public defense ;

    3. Provide documentation that attorneys providing public defense services are in compliance with the Washington supreme court standards for indigent defense; and

    4. Collect hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases, from each individual or organization that contracts to perform public defense services.

Section 2

  1. All funds appropriated for the cost of public defense services in cities and counties as specified in RCW 10.101.050 must be appropriated in the following manner:

    1. Beginning in fiscal year 2024, the state shall appropriate funds for not less than 10 percent of the cost of public defense services;

    2. In fiscal year 2025, the state shall appropriate funds for not less than 20 percent of the cost of public defense services;

    3. In fiscal year 2026, the state shall appropriate funds for not less than 30 percent of the cost of public defense services;

    4. In fiscal year 2027, the state shall appropriate funds for not less than 40 percent of the cost of public defense services;

    5. In fiscal year 2028 and thereafter, the state shall appropriate funds for not less than 50 percent of the cost of public defense services.

  2. [Empty]

    1. The office of public defense shall determine the cost of public defense services annually, based on an average of the actual expenditures for public defense services reported by counties and cities for the previous two years.

    2. Counties and cities shall annually provide information on the actual expenditures for public defense services to the office of public defense.

Section 3

  1. Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse to all counties and cities that meet the requirements of this chapter designated funds under this chapter on a pro rata basis pursuant to the formula set forth in subsection (3) of this section. Each fiscal year for which it receives state reimbursement under this chapter, a county or city must document to the office of public defense that it is meeting the standards for provision of indigent defense services as endorsed by the Washington state bar association

.

  1. The office of public defense shall monitor trial level criminal public defense services to determine eligibility of counties and cities to receive state funds under this chapter. If a determination is made that a county or city receiving state funds under this chapter did not substantially comply with this section, the office of public defense shall notify the county or city of the failure to comply and unless the county or city contacts the office of public defense and substantially corrects the deficiencies within 90 days after the date of notice, or some other mutually agreed period of time, the county's or city's eligibility to continue receiving funds under this chapter is terminated. If an applying county or city disagrees with the determination of the office of public defense as to the county's or city's eligibility, the county or city may file an appeal with the advisory committee of the office of public defense within 30 days of the eligibility determination. The decision of the advisory committee is final.

  2. [Empty]

    1. The moneys under RCW 10.101.050 shall be distributed to each county and city determined to be eligible under this section by the office of public defense.

    2. The office of public defense shall establish policies for the distribution of appropriated funds to eligible counties and cities. Such policies shall prioritize counties with the largest trial level criminal public defense services backlogs and most vacancies of public defenders.

Section 4

The office of public defense shall:

  1. Examine and make recommendations to reduce trial level criminal public defense services caseloads and backlogs;

  2. Make recommendations to increase retention of experienced public defenders in high-need counties and cities; and

  3. Report findings and recommendations to the appropriate fiscal and policy committees of the legislature not later than December 1, 2023.

Section 5

Created by @tannewt. Contribute on GitHub.