This bill revises the laws concerning public defender representation in cases involving local government ordinances, specifically mandating that local governments reimburse the Office of State Public Defender for costs incurred when representing defendants charged with violations that could lead to incarceration. It requires local governments to provide counsel if a local ordinance does not specify a penalty, while also outlining their responsibilities in assisting with legal representation. The bill introduces a new payment structure for investigation and trial-related costs, and it clarifies the roles of public defenders and local governments, including provisions for witness fees and the collection of public defense costs.

Additionally, the bill amends several sections of the Montana Code Annotated (MCA) regarding the examination of defendants' mental conditions and the assignment of public defenders. It specifies that a qualified mental health professional must conduct these examinations within a 60-day period, with costs borne by the defendant or the state public defender's office, depending on who requests the examination. The bill also modifies the assignment of public defenders, ensuring that local governments cover witness costs under certain conditions, and establishes a central services division within the state public defender's office to manage eligibility and reimbursement rates, while explicitly stating its intent to supersede existing unfunded mandate laws.

Statutes affected:
SB0012_1.pdf: 26-2-506, 26-2-508, 26-2-510, 46-1-507, 46-4-304, 46-8-101, 46-8-113, 46-8-114, 46-12-210, 46-14-202, 46-15-115, 47-1-104, 47-1-119
SB0012_2.pdf: 26-2-506, 26-2-508, 26-2-510, 46-1-507, 46-4-304, 46-8-101, 46-8-113, 46-8-114, 46-12-210, 46-14-202, 46-15-115, 47-1-104, 47-1-119
Amended: 26-2-506, 26-2-508, 26-2-510, 46-1-507, 46-4-304, 46-8-101, 46-8-113, 46-8-114, 46-12-210, 46-14-202, 46-15-115, 47-1-104, 47-1-119
Introduced: 26-2-506, 26-2-508, 26-2-510, 46-1-507, 46-4-304, 46-8-101, 46-8-113, 46-8-114, 46-12-210, 46-14-202, 46-15-115, 47-1-104, 47-1-119