This bill amends subsection 1 of section 54-61-01 of the North Dakota Century Code, which pertains to the commission on legal counsel for indigents. The amendment establishes that for the purpose of setting release conditions at an initial appearance, an incarcerated individual is presumed to be indigent. This change aims to streamline the process of providing legal counsel services to those who cannot afford it, ensuring that individuals in need receive appropriate representation as mandated by both the North Dakota and United States Constitutions.

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 amendment 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