S.B. 96-205 Appointment of legal counsel in criminal cases - office of alternate defense counsel created - repeal of contract authority for state public defender - appropriation. Creates the office of alternate defense counsel in the judicial department for the purposes of providing legal representation for indigent persons in criminal cases where the public defender has a conflict of interest and for persons found by the court to be partially indigent. Creates a 9-member alternate defense counsel commission appointed by the Colorado supreme court which shall select the alternate defense counsel and act as an advisory board to the alternate defense counsel.
Directs that the court appoint the office of alternate defense counsel to provide legal representation for indigent persons in cases where the state public defender has a conflict of interest in providing legal representation. Provides that the court may appoint the office of alternate defense counsel to provide legal representation in cases involving partial indigency in which the state is required to provide an attorney at state expense. Authorizes the alternate defense counsel to contract with licensed attorneys to provide legal representation and to contract with investigators to provide investigative services. Directs that such court appointments or contracts be made on or after January 1, 1997.
Authorizes the recoupment of fees and costs from a defendant whom the court finds able to repay all or part of the expense of state-supplied or court-appointed counsel.
Repeals the authority of the state public defender to contract with attorneys to provide representation in conflicts cases and to contract with investigators.
Appropriates to the judicial department, office of alternate defense counsel, $101,996 and 1.3 FTE to implement the act. States that any appropriation in fiscal year 1996-97 to the judicial department, office of the public defender, for conflict of interest cases that remains on January 1, 1997, shall be transferred to the office of alternate defense counsel on or after January 1, 1997. Makes a future appropriation to the judicial department, office of alternative defense counsel, for fiscal year 1997-98.
APPROVED by Governor
May 23,
1996
EFFECTIVE May 23, 1996
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