This bill amends subsection 1 of section 54-61-01 of the North Dakota Century Code to establish the commission on legal counsel for indigents, which is responsible for developing and monitoring state-funded legal counsel services for indigent individuals as required by the North Dakota and U.S. Constitutions. A significant insertion in this amendment is the presumption of indigence for incarcerated individuals when establishing release conditions at their initial appearances. This change aims to ensure that those who are incarcerated and in need of legal representation are recognized as eligible for such services.

Additionally, the bill includes an appropriation of $463,644 from the state general fund to the commission on legal counsel for indigents. This funding is designated for providing legal counsel services specifically for incarcerated individuals during their initial appearances, covering the biennium from July 1, 2025, to June 30, 2027. The effective date for the provisions outlined in Section 1 of the bill is set for January 1, 2026.

Statutes affected:
INTRODUCED: 54-61-01
Prepared by the Legislative Council staff for Representative Klemin: 54-61-01
Enrollment: 54-61-01