Existing law authorizes an offender who is convicted of a crime and under a sentence of death or imprisonment to file a postconviction petition for a writ of habeas corpus to challenge the validity of a judgment of conviction or the computation of time that the person has served pursuant to a judgment of conviction. (NRS 34.724) Such a petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. Under existing law, if the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings and certain other requirements are met, the costs must be paid from money appropriated to the Office of State Public Defender for that purpose. After appropriations for that purpose are exhausted, existing law requires that money be allocated to the Office of State Public Defender from the Reserve for Statutory Contingency Account for the payment of the costs, expenses and compensation. (NRS 34.750) Section 1 of this bill instead requires those costs to be paid from money appropriated to the Department of Indigent Defense Services for that purpose. After those appropriations are exhausted, section 1 requires that money be allocated to the Department of Indigent Defense Services from the Reserve for Statutory Contingency Account for the payment of the costs, expenses and compensation. Section 2 of this bill makes the same change in certain generally applicable statutory provisions relating to the payment of compensation and expenses of an attorney appointed to represent an indigent defendant or petitioner.

Statutes affected:
As Introduced: 34.750, 7.155
BDR: 34.750, 7.155