This bill modifies the provisions of the Indigent Defense Act in relation to nonjudicial adjustments and access to legal counsel.
This bill:
- prohibits a minor from declining to enter into a nonjudicial adjustment agreement unless the minor has received advice from legal counsel, with exceptions;
- modifies the duties of the Indigent Defense Commission to include encouraging the provision of resources for minors to receive access to legal advice when considering a nonjudicial adjustment;
- modifies the duties of the Office of Indigent Defense Services to require the office to provide no-cost legal advice for minors considering a nonjudicial adjustment;
- permits the Office of Indigent Defense Services to employ or contract with an attorney to provide legal advice to minors considering a nonjudicial adjustment;
- creates procedures for giving notice of requirements before declining a nonjudicial adjustment agreement; and
- makes clarifying amendments.

Statutes affected:
Introduced: 78B-22-204, 78B-22-404, 78B-22-452, 80-6-304, 80-6-602
Substitute #1: 78B-22-204, 78B-22-404, 78B-22-452, 80-6-304, 80-6-602