This bill seeks to revise the laws governing the Office of State Public Defender in Montana by establishing a clear distinction between conflict and non-conflict regional offices. It introduces new duties for the Conflict Defender Division Administrator and the Appellate Defender Division Administrator, focusing on strategic planning for service delivery, caseload management, and training program development. The bill removes the requirement for the Director to set specific standards for child abuse and neglect cases, while enhancing the responsibilities of the Central Services Division to manage contracted services and agency training efforts. Additionally, it specifies that public defenders cannot serve as court-appointed special advocates or guardians ad litem in youth court or abuse and neglect proceedings, with exceptions for private attorneys under certain conditions.

The legislation amends various sections of the Montana Code Annotated (MCA) and introduces new provisions for hiring and supervising conflict regional public defenders, as well as establishing protocols for timely assignment of counsel in court cases. It mandates that the Director of the public defender system must be a licensed attorney, ensuring qualified leadership. The bill emphasizes the need for a centralized services division to manage eligibility determinations and agency contracting, and it requires a competitive process for contracting public defender services. Furthermore, it mandates the submission of a biennial report detailing operational policies and caseload data to promote transparency and accountability within the public defender system. Significant deletions include the removal of specific roles previously assigned to training coordinators and contract managers, streamlining the administrative framework for public defense in Montana.

Statutes affected:
LC Text: 18-4-132, 47-1-104, 47-1-105, 47-1-119, 47-1-125, 47-1-201, 47-1-202, 47-1-215, 47-1-301, 47-1-401
HB0102_1: 18-4-132, 47-1-104, 47-1-105, 47-1-119, 47-1-125, 47-1-201, 47-1-202, 47-1-215, 47-1-301, 47-1-401
HB0102_1(1): 18-4-132, 47-1-104, 47-1-105, 47-1-119, 47-1-125, 47-1-201, 47-1-202, 47-1-215, 47-1-301, 47-1-401