H-3519.1

SECOND SUBSTITUTE HOUSE BILL 1592

ByHouse Appropriations (originally sponsored by Representatives Peterson, Low, Goodman, Nance, Parshley, Taylor, Ortiz-Self, Rude, Duerr, Richards, Steele, Barnard, Farivar, Simmons, Zahn, Timmons, Doglio, Pollet, and Reed)

AN ACT Relating to public defense services; amending RCW 10.101.050, 10.101.060, 10.101.070, and 10.101.080; adding new sections to chapter 10.101 RCW; adding a new section to chapter 2.56 RCW; creating a new section; and providing an 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 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.

(1) Counties may apply in accordance with RCW 10.101.060 for up to their pro rata share as set forth in ((RCW 10.101.060 provided that counties conform to application procedures established by the office of public defense and improve the quality of services for both juveniles and adults))RCW 10.101.070.

(2) Cities may apply in accordance with RCW 10.101.060 for ((moneys pursuant to the grant program))up to their pro rata share as set forth in RCW 10.101.080. ((In order to receive funds, each applying county or city must 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 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 with its application. Each individual or organization that contracts to perform public defense services for a county or city shall report to the county or city hours billed for nonpublic defense legal services in the previous calendar year, including number and types of private cases.))

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 applying counties that meet the requirements of RCW 10.101.050 designated funds 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. Each fiscal year for which it receives state funds 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 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:

(2) The office of public defense shall 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 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) Counties and cities may apply in accordance with this section to receive pro rata distributions of county moneys, as set forth in RCW 10.101.070, and city moneys, as set forth in RCW 10.101.080. Subject to the availability of funds appropriated for this purpose, the office of public defense shall disburse funds appropriated under RCW 10.101.050 to each county and city determined to be eligible under this chapter by the office of public defense.

(8) Cities and counties are encouraged to work together and with the office of public defense to create public defender districts, if needed, consistent with RCW 36.26.020.

Sec. 3. RCW 10.101.070 and 2005 c 157 s 5 are each amended to read as follows:

((The moneys shall be distributed to each county determined to be eligible to receive moneys by the office of public defense as determined under this section. Ninety percent of the funding appropriated shall be designated as "county moneys" and shall be distributed as follows:

(c) Distributions and eligibility for distributions in the 2005-2007 biennium shall be based on 2004 figures for the annual number of criminal cases that are filed as described under (b) of this subsection. Future distributions shall be based on the most recent figures for the annual number of criminal cases that are filed as described under (b) of this subsection))(1) Ninety percent of the funding appropriated under RCW 10.101.050 shall be designated as "county moneys" and shall be distributed among the counties determined by the office of public defense to be eligible to receive moneys on a pro rata basis based upon the annual number of cases filed in courts under the county's jurisdiction for which a public defender was assigned.

(2) For the purposes of this section, the annual number of cases filed in courts under the county's jurisdiction for which a public defender was assigned is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts.

Sec. 4. RCW 10.101.080 and 2007 c 59 s 1 are each amended to read as follows:

((The moneys under RCW 10.101.050 shall be distributed to each city determined to be eligible under this section by the office of public defense. Ten percent of the funding appropriated shall be designated as "city moneys" and distributed as follows:

(3) Criteria for award of grants shall be established by the office of public defense after soliciting input from the association of Washington cities. Award of the grants shall be determined by the office of public defense))(1) Ten percent of the funding appropriated under RCW 10.101.050 shall be designated as "city moneys" and shall be distributed among the cities determined by the office of public defense to be eligible to receive moneys on a pro rata basis based upon the annual number of misdemeanor criminal cases filed in courts under the city's jurisdiction or for which the city is financially responsible for which a public defender was assigned.

(2) For the purposes of this section, the annual number of misdemeanor criminal cases filed in courts under the city's jurisdiction or for which the city is financially responsible for which a public defender was assigned is determined by the most recent annual report of the courts of Washington, as published by the office of the administrator for the courts.

NEW SECTION.  Sec. 5. A new section is added to chapter 10.101 RCW to read as follows:

(1) Any county with a population density of less than 50 persons per square mile may request that the office of public defense assume responsibility for providing all or a designated portion of the public defense services for defendants appearing in a court under the county's jurisdiction.

(2) If the office of public defense determines that it has the capacity to provide these services on behalf of the county:

(a) The office of public defense must notify the county of its decision to accept the request within 180 days.

(b) The county's pro rata share of funding described in RCW 10.101.070 shall be retained by the office of public defense for the purposes of delivering public defense services within the county. The office of public defense may designate employees of the office or contract with external legal counsel to deliver public defense services within the county.

(c) The office of public defense, at its discretion and consistent with standards for the provision of indigent defense services as endorsed by the Washington state supreme court, may establish service delivery standards, support staff, and administrative functions to facilitate the effective delivery of public defense services within the county.

(d) The county shall contribute funds in an amount equal to its responsibility for public defense services within its jurisdiction toward the delivery of public defense services by the office of public defense within its jurisdiction.

NEW SECTION.  Sec. 6. A new section is added to chapter 10.101 RCW to read as follows:

The office of public defense shall:

(1) Examine and make recommendations to reduce trial level public defense caseloads and backlogs;

(2) Require counties to report to the office of public defense the number of accused who are unrepresented because of a shortage of qualified lawyers;

(3) Make recommendations to increase retention of experienced public defenders in high-need counties; and

(4) Report findings and recommendations to the appropriate fiscal and policy committees of the legislature not later than December 1, 2027.

NEW SECTION.  Sec. 7. A new section is added to chapter 2.56 RCW to read as follows:

The office of the administrator for the courts shall collect data in a manner consistent with the responsibilities outlined in chapter 2.68 RCW detailing the number of cases assigned a public defender and shall include in its annual report of the courts of Washington the total number of such cases in each county and city.

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