AN ACT Relating to the funding of public defense services; amending RCW 10.101.050 and 10.101.060; creating a new section; repealing RCW 10.101.070 and 10.101.080; and providing a contingent effective date.

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

Sec. 1.  RCW 10.101.050 and 2005 c 157 s 3 are each amended to read as follows:

The state shall fully fund public defense services. The Washington state office of public defense shall ((disburse appropriated funds to)) reimburse counties and cities for ((the purpose of improving the quality of)) public defense services provided. Counties and cities may apply for ((up to their pro rata share as set forth in RCW 10.101.060 provided that counties conform to application)) reimbursement of the funds expended in the previous year through procedures established by the office of public defense ((and improve the quality of services for both juveniles and adults. Cities may apply for moneys pursuant to the grant program set forth in RCW 10.101.080. In order to receive funds)). In addition to filing an application for reimbursement with the office of public defense, each ((applying)) county or city must by September 1, 2017, and annually by September 1st thereafter:

(1) Require that attorneys providing public defense services attend training approved by the office of public defense at least once per calendar year((. Each applying county or city shall));

(2) Report to the office of public defense 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 ((with its application.));

(3) Collect from each individual or organization that contracts to perform public defense services for a county or city ((shall report to the county or city)) the hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases, and submit this information to the office of public defense.

Sec. 2.  RCW 10.101.060 and 2005 c 157 s 4 are each amended to read as follows:

(1)(a) ((Subject to the availability of funds appropriated for this purpose,)) The office of public defense shall ((disburse to)) reimburse applying counties and cities that meet the requirements of RCW 10.101.050 ((designated)) for funds expended under this chapter ((on a pro rata basis pursuant to the formula set forth in RCW 10.101.070 and shall disburse to eligible cities, funds pursuant to RCW 10.101.080)) for the provision of public defense services. ((Each fiscal year for which it receives state funds under this chapter)) Prior to reimbursement, a county or city must, by September 1, 2017, and annually by September 1st thereafter, 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 or that the funds received under this chapter have been used to make appreciable demonstrable improvements in the delivery of public defense services, including the following:

(i) Adoption by ordinance of a legal representation plan that addresses the factors in RCW 10.101.030. The plan must apply to any contract or agency providing indigent defense services for the county or city;

(ii) Requiring attorneys who provide public defense services to attend training under RCW 10.101.050;

(iii) Requiring attorneys who handle the most serious cases to meet specified qualifications as set forth in the Washington state bar association endorsed standards for public defense services or participate in at least one case consultation per case with office of public defense resource attorneys who are so qualified. The most serious cases include all cases of murder in the first or second degree, persistent offender cases, and class A felonies. This subsection (1)(a)(iii) does not apply to cities ((receiving funds under RCW 10.101.050 through 10.101.080));

(iv) Requiring ((contracts)) counties and cities to ((address the subject of compensation)) account for expenditures related to extraordinary cases;

(v) Identifying ((funding)) what portion of public defense costs are used specifically for the purpose of paying experts (A) for which public defense attorneys may file ex parte motions, or (B) which should be specifically designated within a public defender agency budget;

(vi) Identifying ((funding)) what portion of public defense costs are used specifically for the purpose of paying investigators (A) for which public defense attorneys may file ex parte motions, and (B) which should be specifically designated within a public defender agency budget.

(b) The cost of providing counsel in cases where there is a conflict of interest shall not be borne by the attorney or agency who has the conflict.

(2) The office of public defense shall determine eligibility of counties and cities to ((receive state funds)) be reimbursed 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 ninety 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 thirty days of the eligibility determination. The decision of the advisory committee is final.

(1) RCW 10.101.070 (County moneys) and 2005 c 157 s 5; and

(2) RCW 10.101.080 (City moneys) and 2007 c 59 s 1 & 2005 c 157 s 6.

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