This bill amends several sections of South Dakota law to enhance the provision of indigent legal services through the newly designated Commission on Indigent Legal Services. Key changes include the transfer of responsibilities from county boards and municipal bodies to the Commission for the representation of indigent persons, as outlined in section 23A-40-7. The bill mandates that the Commission must provide reasonable compensation for assigned counsel and outlines the process for reimbursement, which is now the responsibility of the Commission rather than the counties. Additionally, the bill establishes a new appropriation of $27,573,984 from the general fund to support these services and details the distribution of funds to counties based on their expenditures for court-appointed attorneys and public defender offices.

The bill also introduces specific language changes, such as replacing "shall" with "must" in various sections to emphasize the obligations of the Commission and the courts. It clarifies the process for appointing attorneys in child welfare cases and ensures that compensation for court-appointed attorneys is determined within guidelines set by the presiding judge. Furthermore, the bill includes provisions for the approval of expenditures by the chief defender of the Office of Indigent Services and establishes a reversion clause for unspent appropriations. The effective dates for different sections of the bill vary, with some provisions taking effect immediately and others set for July 1, 2028.

Statutes affected:
Introduced, 02/02/2026: 23A-40-7, 23A-40-8, 23A-40-10, 23A-40-11, 23A-40-13, 23A-40-20, 23A-51-8, 26-7A-31