LD 1706 — An Act Regarding Notification Of Appointment Of Legal Representation For Indigent Clients In Custody
Overview
- Purpose: To ensure prompt notification and appointment of legal representation for indigent individuals who are incarcerated, with an expedited process aimed at securing defense counsel within 24 hours of custody.
Key Provisions
- Notification and rapid appointment: The bill establishes a process to appoint defense counsel for indigent, incarcerated defendants within 24 hours and to notify the defendant (and/or relevant parties) about the appointment.
- Administrative implementation: Creates 5 assistant clerk positions within the Judicial Branch to implement the rapid-appointment process, starting February 1, 2026.
- Scope: Applies to indigent defendants in custody who require court-appointed counsel.
- Budget language: Provides General Fund appropriations to fund the new positions and the implementation of the notification/appointment process.
Fiscal Impact (as reported in the FY 2025-26 to FY 2028-29 Fiscal Note)
- General Fund appropriations to the Judicial Branch:
- FY 2025-26: $207,695
- FY 2026-27: $456,162
- FY 2027-28: $472,398
- FY 2028-29: $489,219
- Purpose of funding: To establish 5 assistant clerk positions and support the system changes needed to implement the 24-hour defense-counsel appointment process.
- Net cost (general fund) projections: The note lists these amounts as appropriations to implement the bill’s provisions; no explicit negative (savings) figures are shown in the fiscal note.
Who Is Affected
- Indigent individuals in custody who are accused of crimes and require appointed defense counsel.
- The Judicial Branch, which would implement the rapid-appointment process.
- Potential defense counsel and indigent-defense providers interacting with the courts.
- Jail facilities and other criminal-justice system actors involved in processing indigent defendants.
Procedural and Timeline Highlights
- Introduced: April 17, 2025
- Committee: Judiciary (work session May 16, 2025; OTP-AM approved)
- Floor actions: Read, amended (Committee Amendment "A" H-458), passed engrossed; sent for concurrence; further actions in June 2025
- Status: Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800
- Notable timing: If enacted, the assistant clerk positions would become effective February 1, 2026, with ongoing fiscal-year funding through subsequent years.
Notes
- The bill has been amended and carried through the legislature with a clear funding plan to support the expedited appointment process.
- As carried over, enactment would require action in a future session, or continued consideration under the joint order.
