The 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 the delivery of state-funded legal counsel services for indigent individuals as required by the North Dakota and U.S. Constitutions. A significant insertion in this amendment states that for the purpose of establishing release conditions at an initial appearance, an incarcerated individual is presumed indigent. This change aims to ensure that individuals who cannot afford legal representation receive necessary legal counsel during critical early stages of the judicial process.

Additionally, the bill includes an appropriation of $463,644 from the general fund for the commission on legal counsel for indigents, specifically designated for providing legal counsel services to incarcerated individuals at their initial appearances. This funding is intended for the biennium beginning July 1, 2025, and ending 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