Public Defense 50% current state takes other 50 and increases S-5715.1BILL REQUEST - CODE REVISER'S OFFICE
BILL REQ. #:S-5715.1/24
ATTY/TYPIST:RR:eab
BRIEF DESCRIPTION:Concerning public defense services.
Summary: Beginning in FY25, the state and counties and cities share 50% of the public defense services based on an average of actual expenditures looking back five years from FY23. Countieswill not be responsible for costs that exceed this five year average. The state is responsible forall costs exceeding the five year average beginning in FY25.
AN ACT Relating to public defense services; amending RCW 1
10.101.050 and 10.101.060; adding a new section to chapter 10.101 2
RCW; and repealing RCW 10.101.070 and 10.101.080.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 10.101.050 and 2005 c 157 s 3 are each amended to 5
read as follows:6
(1) Beginning in fiscal year 2025, funding responsibility for 7
public defense services shall be shared by the state, counties, and 8
cities.9
(a) Beginning in fiscal year 2025, counties and cities shall be 10
responsible for 50 percent and the state shall be responsible for 50 11
percent of the cost of public defense services based on an average of 12
the actual expenditures for public defense services reported, and 13
paid for, by counties and cities for the previous five years looking 14
back from fiscal year 2023. Beginning in fiscal year 2025, counties 15
and cities shall not be responsible for public defense services costs 16
that exceed this five-year average.17
(b) In fiscal year 2025 and thereafter, the state shall be 18
responsible for all public defense services costs that exceed the 19
five-year average set forth in this section. The Washington state 20
office of public defense shall disburse appropriated funds to 21
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counties and cities for the ((purpose of improving the quality of 1
public defense services)) costs that exceed the five-year average set 2
forth in this section.3
(2) Counties ((may)) and cities must apply for ((up to their pro 4
rata share as set forth in RCW 10.101.060 provided that counties 5
conform to application procedures established by the office of public 6
defense and improve the quality of services for both juveniles and 7
adults. Cities may apply for moneys pursuant to the grant program set 8
forth in RCW 10.101.080)) reimbursement of the funds expended that 9
exceed the five-year average set forth in this section.10
In order to receive ((funds)) reimbursement, each ((applying)) 11
county or city must ((require)):12
(a) Require that attorneys providing public defense services 13
attend training approved by the office of public defense at least 14
once per calendar year((. Each applying county or city shall 15
report));16
(b) Report the expenditure for all public defense services in the 17
previous calendar year, as well as case statistics for that year, 18
including per attorney caseloads, and shall provide a copy of each 19
current public defense contract to the office of public defense 20
((with its application. Each individual or organization that 21
contracts to perform public defense services for a county or city 22
shall report to the county or city));23
(c) Provide documentation that attorneys providing public defense 24
services certify that they are in compliance with the Washington 25
supreme court standards for indigent defense; and26
(d) Collect hours billed for nonpublic defense legal services in 27
the previous calendar year, including number and types of private 28
cases, from each individual or organization that contracts to perform 29
public defense services.30
Sec. 2. RCW 10.101.060 and 2005 c 157 s 4 are each amended to 31
read as follows:32
(1)(((a) Subject to the availability of funds appropriated for 33
this purpose, the)) The office of public defense shall disburse to 34
((applying)) all counties and cities that meet the requirements of 35
RCW 10.101.050 designated funds under this chapter ((on a pro rata 36
basis pursuant to the formula set forth in RCW 10.101.070 and shall 37
disburse to eligible cities, funds pursuant to RCW 10.101.080. Each 38
fiscal year for which it receives state funds under this chapter, 39
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a)). A county or city must annually document to the office of public 1
defense that it is meeting the standards for provision of indigent 2
defense services as endorsed by the Washington state bar association 3
((or that the funds received under this chapter have been used to 4
make appreciable demonstrable improvements in the delivery of public 5
defense services, including the following:6
(i) Adoption by ordinance of a legal representation plan that 7
addresses the factors in RCW 10.101.030. The plan must apply to any 8
contract or agency providing indigent defense services for the county 9
or city;10
(ii) Requiring attorneys who provide public defense services to 11
attend training under RCW 10.101.050;12
(iii) Requiring attorneys who handle the most serious cases to 13
meet specified qualifications as set forth in the Washington state 14
bar association endorsed standards for public defense services or 15
participate in at least one case consultation per case with office of 16
public defense resource attorneys who are so qualified. The most 17
serious cases include all cases of murder in the first or second 18
degree, persistent offender cases, and class A felonies. This 19
subsection (1)(a)(iii) does not apply to cities receiving funds under 20
RCW 10.101.050 through 10.101.080;21
(iv) Requiring contracts to address the subject of compensation 22
for extraordinary cases;23
(v) Identifying funding specifically for the purpose of paying 24
experts (A) for which public defense attorneys may file ex parte 25
motions, or (B) which should be specifically designated within a 26
public defender agency budget;27
(vi) Identifying funding specifically for the purpose of paying 28
investigators (A) for which public defense attorneys may file ex 29
parte motions, and (B) which should be specifically designated within 30
a public defender agency budget.31
(b) The cost of providing counsel in cases where there is a 32
conflict of interest shall not be borne by the attorney or agency who 33
has the conflict)).34
(2) The office of public defense shall monitor trial level 35
criminal public defense services to determine eligibility of counties 36
and cities to receive state funds under this chapter. If a 37
determination is made that a county or city receiving state funds 38
under this chapter did not substantially comply with this section, 39
the office of public defense shall notify the county or city of the 40
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failure to comply and unless the county or city contacts the office 1
of public defense and substantially corrects the deficiencies within 2
((ninety)) 90 days after the date of notice, or some other mutually 3
agreed period of time, the county's or city's eligibility to continue 4
receiving funds under this chapter is terminated. If an applying 5
county or city disagrees with the determination of the office of 6
public defense as to the county's or city's eligibility, the county 7
or city may file an appeal with the advisory committee of the office 8
of public defense within ((thirty)) 30 days of the eligibility 9
determination. The decision of the advisory committee is final.10
(3) The moneys under RCW 10.101.050 shall be distributed to each 11
county and city determined to be eligible under this section by the 12
office of public defense.13
NEW SECTION. Sec. 3. A new section is added to chapter 10.101 14
RCW to read as follows:15
The office of public defense shall:16
(1) Examine and make recommendations to reduce trial level 17
criminal public defense services caseloads and backlogs;18
(2) Make recommendations to increase retention of experienced 19
public defenders in high-need counties and cities; and20
(3) Report findings and recommendations to the appropriate fiscal 21
and policy committees of the legislature not later than December 1, 22
2025.23
NEW SECTION. Sec. 4. The following acts or parts of acts are 24
each repealed:25
(1) RCW 10.101.070 (County moneys) and 2005 c 157 s 5; and26
(2) RCW 10.101.080 (City moneys) and 2007 c 59 s 1 & 2005 c 157 s 27
6.28
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