S-2031

AN ACT Relating to indigent defense; adding new sections to chapter 10.101 RCW; adding a new section to chapter 43.63A RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 10.101 RCW to read as follows:

(1) The indigent defense task force created in chapter 156, Laws of 1988, and reinstituted in chapter 409, Laws of 1989, shall be reinstituted and continued through June 1994.

(2) The task force shall consist of the following members:

(a) Two members appointed by the governor.

(b) Two members appointed by the chief justice of the state supreme court.

(c) Two members appointed by the Washington state bar association, at least one of whom represents an organization currently providing public defense representation.

(d) One member appointed by the association of counties.

(e) One member appointed by the speaker of the house of representatives.

(f) One member appointed by the president of the senate.

(g) One member appointed by the association of Washington cities.

(h) One member appointed by the Washington association of prosecuting attorneys.

NEW SECTION. Sec. 2. A new section is added to chapter 43.63A RCW to read as follows:

There is created in the department an office of public defense services. The office, with the advice of the indigent defense task force created in section 1 of this act, shall:

(1) Provide technical assistance to local governments to help them implement screening procedures, service delivery standards, and cost recovery, and the other requirements of RCW 10.101.020, 10.101.030, and 10.101.040; and

(2) Develop guidelines for distributing funds to assist local governments in providing indigent defense services in high-impact cases.

NEW SECTION. Sec. 3. A new section is added to chapter 10.101 RCW to read as follows:

The task force shall:

(1) Advise the office of public defense services created in section 2 of this act on their provision of technical assistance to local governments, which must meet the requirements of RCW 10.101.020, 10.101.030, and 10.101.040;

(2) Assist the department of community development in developing guidelines for distributing funds to assist local governments in providing defense services in "high-impact" cases. High-impact cases shall include death penalty cases, complex fraud cases, drug cases involving extraordinary expense, and such other cases as the task force shall determine;

(3) Work with the legislature's task force on city and county finances created in RCW 82.14.301 to make joint recommendations to the legislature concerning provision of indigent defense services;

(4) Review the provision of trial and appellate defense services and make recommendations to the legislature regarding the provision of such services; and

(5) Review available data on indigent defense services in the state and make recommendations to the office of the administrator for the courts and the legislature on necessary modifications to the service delivery system.

NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1991, in the omnibus appropriations act, this act shall be null and void.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.