Bill Summary – FastDemocracy

Unofficial Draft Copy
****                                                As of: 11/25/2024, 08:13:44
69th Legislature 2025                               Drafter: Chanan Brown, ****                                     LC 0466
                                                     **** BILL NO. ****
                                                  INTRODUCED BY ****
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  A BILL FOR AN ACT ENTITLED: “AN ACT ***; AMENDING SECTIONS 47-1-104 AND 47-1-119, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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             Section 1. Section 47-1-104, MCA, is amended to read:
             "47-1-104.   (Temporary) Statewide system -- structure and scope of services -- assignment of
  counsel at public expense. (1) There is a statewide public defender system, which is required to deliver public
  defender services in all courts in this state. The system is supervised by the director.
             (2)     The director shall approve a strategic plan for service delivery and divide the state into not
  more than 11 public defender regions. The director may establish a regional office to provide public defender
  services in each region, as provided in 47-1-215, establish a contracted services program to provide services in
  the region, or utilize other service delivery methods as appropriate and consistent with the purposes described
  in 47-1-102.
             (3)     When a court orders the assignment of a public defender, the appropriate office shall
  immediately assign a public defender qualified to provide the required services. The director shall establish
  protocols to ensure that the offices make appropriate assignments in a timely manner.
             (4)     A court may order assignment of a public defender under this chapter in the following cases:
             (a)     in cases in which a person is entitled to assistance of counsel at public expense because of
  financial inability to retain private counsel, subject to a determination of indigence pursuant to 47-1-111, as
  follows:
             (i)     for a person charged with a felony or charged with a misdemeanor for which there is a
  possibility of incarceration, as provided in 46-8-101;
             (ii)    for a party in a proceeding to determine parentage under the Uniform Parentage Act, as
  provided in 40-6-119;
             (iii)   for an applicant for sentence review pursuant to Title 46, chapter 18, part 9;
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                                                    Unofficial Draft Copy
****                                               As of: 11/25/2024, 08:13:44
69th Legislature 2025                              Drafter: Chanan Brown, ****                                     LC 0466
          (iv)     for a petitioner in a proceeding for postconviction relief, as provided in 46-21-201;
          (v)      for a petitioner in a habeas corpus proceeding pursuant to Title 46, chapter 22;
          (vi)     for a parent or guardian in a proceeding for the involuntary commitment of a developmentally
  disabled person to a residential facility, as provided in 53-20-112; and
          (vii)    for a witness in a criminal grand jury proceeding, as provided in 46-4-304;
          (b)      in cases in which a person is entitled by law to the assistance of counsel at public expense
  regardless of the person's financial ability to retain private counsel, as follows:
          (i)      as provided for in 41-3-425;
          (ii)     for a youth in a proceeding under the Montana Youth Court Act alleging a youth is delinquent
  or in need of intervention, as provided in 41-5-1413, and in a prosecution under the Extended Jurisdiction
  Prosecution Act, as provided in 41-5-1607;
          (iii)    for a juvenile entitled to assigned counsel in a proceeding under the Interstate Compact on
  Juveniles, as provided in 41-6-101;
          (iv)     for a minor who petitions for a waiver of parental consent requirements under the Parental
  Consent for Abortion Act of 2013, as provided in 50-20-509;
          (v)      for a respondent in a proceeding for the involuntary commitment of a developmentally disabled
  person to a residential facility, as provided in 53-20-112;
          (vi)     for a minor voluntarily committed to a mental health facility, as provided in 53-21-112;
          (vii)    for a person who is the subject of a petition for the appointment of a guardian or conservator in
  a proceeding under the provisions of the Uniform Probate Code in Title 72, chapter 5;
          (viii)   for a ward when the ward's guardian has filed a petition to require medical treatment for a
  mental disorder of the ward, as provided in 72-5-322;
          (ix)     for a parent, guardian, or other person with physical or legal custody of a child or youth in any
  removal, placement, or termination proceeding pursuant to 41-3-422 and as required under the federal Indian
  Child Welfare Act and 41-3-1316, as provided in 41-3-425;
          (x)      for a respondent in a proceeding for involuntary commitment for a mental disorder, as provided
  in 53-21-116; and
          (xi)     for a respondent in a proceeding for the involuntary commitment of a person for alcoholism, as
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                                                    Unofficial Draft Copy
****                                                As of: 11/25/2024, 08:13:44
69th Legislature 2025                               Drafter: Chanan Brown, ****                                     LC 0466
  provided in 53-24-302; and
             (c)    for an eligible appellant in an appeal of a proceeding listed in this subsection (4).
             (5)    (a) Except as provided in subsection (5)(b), a public defender may not be assigned to act as a
  court-appointed special advocate or guardian ad litem in a proceeding under the Montana Youth Court Act, Title
  41, chapter 5, or in an abuse and neglect proceeding under Title 41, chapter 3.
             (b)    A private attorney who is contracted with under the provisions of 47-1-121 to provide public
  defender services under this chapter may be appointed as a court-appointed special advocate or guardian ad
  litem in a proceeding described in subsection (5)(a) if the appointment is separate from the attorney's service
  for the statewide public defender system and does not result in a conflict of interest. (Terminates June 30,
  2025--sec. 55, Ch. 716, L. 2023.)
             47-1-104.   (Effective July 1, 2025) Statewide system -- structure and scope of services --
  assignment of counsel at public expense. (1) There is a statewide public defender system, which is required
  to deliver public defender services in all courts in this state. The system is supervised by the director.
             (2)    The director shall approve a strategic plan for service delivery and divide the state into not
  more than 11 public defender regions. The director may establish a regional office to provide public defender
  services in each region, as provided in 47-1-215, establish a contracted services program to provide services in
  the region, or utilize other service delivery methods as appropriate and consistent with the purposes described
  in 47-1-102.
             (3)    When a court orders the assignment of a public defender, the appropriate office shall
  immediately assign a public defender qualified to provide the required services. The director shall establish
  protocols to ensure that the offices make appropriate assignments in a timely manner.
             (4)    A court may order assignment of a public defender under this chapter in the following cases:
             (a)    in cases in which a person is entitled to assistance of counsel at public expense because of
  financial inability to retain private counsel, subject to a determination of indigence pursuant to 47-1-111, as
  follows:
             (i)    for a person charged with a felony or charged with a misdemeanor for which there is a
  possibility of incarceration, as provided in 46-8-101;
             (ii)   for a party in a proceeding to determine parentage under the Uniform Parentage Act, as
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                                                    Unofficial Draft Copy
****                                               As of: 11/25/2024, 08:13:44
69th Legislature 2025                              Drafter: Chanan Brown, ****                                     LC 0466
  provided in 40-6-119;
          (iii)    for a parent, guardian, or other person with physical or legal custody of a child or youth in any
  removal, placement, or termination proceeding pursuant 41-3-422 and as required under the federal Indian
  Child Welfare Act, as provided in 41-3-425;
          (iv)     for an applicant for sentence review pursuant to Title 46, chapter 18, part 9;
          (v)      for a petitioner in a proceeding for postconviction relief, as provided in 46-21-201;
          (vi)     for a petitioner in a habeas corpus proceeding pursuant to Title 46, chapter 22;
          (vii)    for a parent or guardian in a proceeding for the involuntary commitment of a developmentally
  disabled person to a residential facility, as provided in 53-20-112;
          (viii)   for a respondent in a proceeding for involuntary commitment for a mental disorder, as provided
  in 53-21-116;
          (ix)     for a respondent in a proceeding for the involuntary commitment of a person for alcoholism, as
  provided in 53-24-302; and
          (x)      for a witness in a criminal grand jury proceeding, as provided in 46-4-304.
          (b)      in cases in which a person is entitled by law to the assistance of counsel at public expense
  regardless of the person's financial ability to retain private counsel, as follows:
          (i)      as provided for in 41-3-425;
          (ii)     for a youth in a proceeding under the Montana Youth Court Act alleging a youth is delinquent
  or in need of intervention, as provided in 41-5-1413, and in a prosecution under the Extended Jurisdiction
  Prosecution Act, as provided in 41-5-1607;
          (iii)    for a juvenile entitled to assigned counsel in a proceeding under the Interstate Compact on
  Juveniles, as provided in 41-6-101;
          (iv)     for a minor who petitions for a waiver of parental consent requirements under the Parental
  Consent for Abortion Act of 2013, as provided in 50-20-509;
          (v)      for a respondent in a proceeding for the involuntary commitment of a developmentally disabled
  person to a residential facility, as provided in 53-20-112;
          (vi)     for a minor voluntarily committed to a mental health facility, as provided in 53-21-112;
          (vii)    for a person who is the subject of a petition for the appointment of a guardian or conservator in
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                                                   Unofficial Draft Copy
****                                               As of: 11/25/2024, 08:13:44
69th Legislature 2025                              Drafter: Chanan Brown, ****                                      LC 0466
  a proceeding under the provisions of the Uniform Probate Code in Title 72, chapter 5;
          (viii)   for a ward when the ward's guardian has filed a petition to require medical treatment for a
  mental disorder of the ward, as provided in 72-5-322; and
          (c)      for an eligible appellant in an appeal of a proceeding listed in this subsection (4).
          (5)      (a) Except as provided in subsection (5)(b), a public defender may not be assigned to act as a
  court-appointed special advocate or guardian ad litem in a proceeding under the Montana Youth Court Act, Title
  41, chapter 5, or in an abuse and neglect proceeding under Title 41, chapter 3.
          (b)      A private attorney who is contracted with under the provisions of 47-1-121 to provide public
  defender services under this chapter may be appointed as a court-appointed special advocate or guardian ad
  litem in a proceeding described in subsection (5)(a) if the appointment is separate from the attorney's service
  for the statewide public defender system and does not result in a conflict of interest."
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          Section 2. Section 47-1-119, MCA, is amended to read:
          "47-1-119.    Central services division -- responsibilities -- department of administration to
  support. (1) There is a central services division in the office of state public defender. The division must be
  located in Butte, Montana. The central services division is supervised by an administrator hired by the director.
          (2)      The central services division shall:
          (a)      manage eligibility determination under 47-1-111;
          (b)      manage contracting under 47-1-121;
          (c)      manage training pursuant to 47-1-120;
          (d)      provide administrative support to the director; and
          (e)      actively seek gifts, grants, and donations that may be available through the federal government
  or other sources to help fund the system.
          (3)      The central services division shall establish for the office of state public defender:
          (a)      standard procedures to handle complaints about public defender performance and work with
  the public defender division administrator, appellate defender division administrator, and conflict defender
  division administrator to ensure that public defenders, office personnel, and clients are aware of avenues
  available for bringing a complaint and that office procedures do not conflict with the disciplinary jurisdiction of
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                                                   Unofficial Draft Copy
****                                               As of: 11/25/2024, 08:13:44
69th Legislature 2025                              Drafter: Chanan Brown, ****                                    LC 0466
  the supreme court and the rules promulgated pursuant to Article VII, section 2, of the Montana constitution and
  the applicable provisions of Title 37, chapter 61;
          (b)      processes and procedures to ensure that employees and contract personnel use information
  technology and caseload management systems so that detailed expenditure and caseload data is accurately
  collected, recorded, and reported; and
          (c)      budgeting, reporting, and related administrative requirements for the office of state public
  defender, including procedures for the approval, payment, recording, reporting, and management of all defense
  expenses.
          (4)      The following expenses are payable by the central services division if the expense is incurred
  at the request of a public defender and is authorized by the director:
          (a)      witness and interpreter fees and expenses as provided for in Title 26, chapter 2, part 5, and 46-
  15-116; and
          (b)      transcript fees, as provided in 3-5-604.
          (5)      If the costs to be paid pursuant to subsection (4) are not paid directly, reimbursement must be
  made within 30 days of the receipt of a claim.
          (6)      The department of administration established in 2-15-1001 shall provide central services
  support to the extent feasible and efficient."
                                                        - END -
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Statutes affected: 
LC Text: 47-1-104, 47-1-119