Existing law requires the Board on Indigent Defense Services to adopt regulations to establish a formula for determining the maximum amount that a county may be required to pay for the provision of indigent defense services. (NRS 180.320) Section 5 of this bill removes that requirement, and section 2 of this bill instead establishes: (1) the maximum amount that each county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) is required to pay for the provision of indigent defense services for Fiscal Year 2023-2024; and (2) a statutory formula for determining the maximum amount that such a county may be required to pay for the provision of indigent defense services for each fiscal year after Fiscal Year 2023-2024. Section 2 also establishes a statutory formula for determining the maximum amount that each county whose population is 100,000 or more (currently Clark and Washoe Counties) is required to pay for the provision of indigent defense services. Section 2 additionally provides that a county may seek state contributions for the provision of indigent defense services in excess of the maximum county contribution after the county has exceeded its maximum contribution but prohibits a county from seeking such state contributions for the costs of any capital improvement projects relating to the provision of indigent defense services. Sections 4 and 6 of this bill make conforming changes by replacing references to the maximum county contribution being determined by the formula set forth in regulation with references to the maximum county contribution being determined in accordance with section 2. Section 3 of this bill establishes the procedure by which a county may seek state contributions for the provision of indigent defense services in excess of the maximum county contribution on a quarterly basis. Section 6 of this bill authorizes the designee of a board of county commissioners to perform certain actions otherwise performed by the board of county commissioners with regard to certain corrective action plans. Existing law requires the board of county commissioners of each county with a public defender or which contracts for indigent defense services to provide an annual report concerning the provision of indigent defense services to the Department of Indigent Defense Services on or before May 1 of each year. (NRS 260.070) Section 6.5 of this bill changes the required date of the submission of the report to on or before May 31 of each year, unless the Department requires the report to be provided on a quarterly basis. Section 7 of this bill makes an appropriation from the State General Fund to the Interim Finance Committee for allocation to the Department to fund the: (1) reimbursement of counties for costs in excess of their maximum contribution amounts for the provision of indigent defense services; (2) costs of the Department related to compliance with the Davis v. State (Nev. First Jud. Dist. Ct. Case No. 170C002271B (Aug. 11, 2020)) consent judgment; (3) costs of the Office of the State Public Defender for contracting for legal services for complex cases; and (4) costs for training and pay parity for attorneys who provide indigent defense services. Section 7.3 of this bill makes an appropriation from the State General Fund to the Department for certain costs related to pretrial release hearings that are or may be conducted on a weekend or holiday. A portion of the appropriation must be allocated to counties whose population is less than 100,000 for the payment of stipends to: (1) prosecuting attorneys for being available to serve or serving as the prosecuting attorney in a pretrial release hearing conducted on a weekend or holiday; and (2) magistrates for being available to conduct or conducting a pretrial release hearing on a weekend or holiday. The remaining portion of the appropriation must be used by the Department for the payment of stipends to attorneys for being available to represent or representing a defendant in a pretrial release hearing conducted on a weekend or holiday in a county whose population is less than 100,000.

Statutes affected:
As Introduced: 180.110, 180.320, 180.450
Reprint 1: 180.110, 180.320, 180.450, 260.070
As Enrolled: 180.110, 180.320, 180.450, 260.070
BDR: 180.110, 180.320, 180.450