An Act to create the indigent legal services fund, to provide ongoing revenue therefor, and to make an appropriation therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to title 23A:
There is established in the state treasury the indigent legal services fund. The fund consists of moneys deposited pursuant to 35-5-28, interest earned on moneys in the fund, and all other moneys designated for deposit in the fund. The Commission on Indigent Legal Services shall maintain and administer the fund. The purpose of the fund is to administer the commission and Office of Indigent Legal Services and reimburse counties for indigent legal defense expenses. Any expenditure from the fund must be paid on vouchers approved by the chief defender of the Office of Indigent Legal Services and warrants drawn by the state auditor. The fund is continuously appropriated to the commission and office as described in section 2 of this Act.
Section 2. That a NEW SECTION be added to title 23A:
For purposes of this section, the term "annual balance" means the amount of moneys in the indigent legal services fund each fiscal year on July first as determined by the auditor-general.
Each fiscal year, the Commission on Indigent Legal Services may approve the expenditure of up to twenty-two percent of the annual balance for administering the commission and Office of Indigent Legal Services. The commission, every June thirtieth, shall grant all remaining moneys to counties for indigent legal defense expenses.
The commission shall grant moneys to each county based on the county's indigent legal defense expenses compared to the total amount of all counties' indigent legal defense expenses in the previous fiscal year. The Commission on Indigent Legal Services shall adopt rules pursuant to chapter 1-26 on the process for distributing moneys in the fund to counties and determining each county's indigent legal defense expenses. For purposes of 1-26-4, the commission shall need written approval only from a majority of commission members.
Section 3. That 35-5-28 be AMENDED:
35-5-28.
After the amount
of
funds
moneys
necessary to provide for the reversions to municipalities and
counties in 35-5-22
and 35-5-22.2
is determined,
the remaining funds may
twenty percent of the remaining moneys must
be transferred to the general fund,
and eighty percent of the remaining moneys must be transferred to the
indigent legal services fund established in section 1 of this Act.