SB 355: Reimbursement for court-appointed counsel.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-07-10
Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for the costs of counsel and other legal assistance.
This bill would make the reimbursement for counsel and other legal assistance applicable only in cases where the defendant is convicted of a felony or a misdemeanor.
Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for the costs of counsel and other legal assistance.
This bill would make the reimbursement for counsel and other legal assistance applicable only in cases where the defendant is convicted of a felony or a misdemeanor.
Existing law requires a court to assign counsel to defend a defendant if the defendant desires the assistance of counsel and cannot afford to pay for counsel. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to make a determination of the ability of a defendant to pay all or a portion of his or her defense. Existing law authorizes the court to order a defendant to reimburse the county for the costs of counsel and other legal assistance.
This bill would make the reimbursement for counsel and other legal assistance applicable only in cases where the defendant is convicted of a felony or a misdemeanor.
(a)If the court finds that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendants principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien.
(b)If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided.
(c)(1)If the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendants ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision.
(2)This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect.
(d)If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following:
(1)A statement of the cost of the legal assistance provided to the defendant as determined by the court.
(2)The defendants procedural rights under this section.
(3)The time limit within which the defendants response is required.
(4)A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her.
(e)(1)At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights:
(A)The right to be heard in person.
(B)The right to present witnesses and other documentary evidence.
(C)The right to confront and cross-examine adverse witnesses.
(D)The right to have the evidence against him or her disclosed to him or her.
(E)The right to a written statement of the findings of the court.
(2)If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendants financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt.
(3)An order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure.
(f)Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.
(g)As used in this section:
(1)Legal assistance means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of his or her case.
(2)Ability to pay means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following:
(A)The defendants present financial position.
(B)The defendants reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendants reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense.
(C)The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing.
(D)Any other factor or factors that may bear upon the defendants financial capability to reimburse the county for the costs of the legal assistance provided to the defendant.
(h)At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendants ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment.
(i)This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel and is convicted of a felony or a misdemeanor.
SEC. 2.Section 987.81 of the Penal Code is amended to read:987.81.(a)If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court shall consider the available information concerning the defendants ability to pay the costs of legal assistance and may, after notice, as provided in subdivision (b), hold a hearing to make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. Notwithstanding the above, if the court has ordered the probation officer to investigate and report to the court pursuant to subdivision (b) of Section 1203, the court may hold such a hearing. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings.
(b)Concurrent with counsel or legal assistance being furnished by the court, the court may order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.
(c)The provisions of this section shall apply only in a county in which the board of supervisors adopts a resolution which elects to proceed under this section.
(d)This section shall apply only when the defendant is convicted of a felony or a misdemeanor.
(a)If the court finds that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendants principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien.
(b)If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided.
(c)(1)If the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendants ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision.
(2)This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect.
(d)If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following:
(1)A statement of the cost of the legal assistance provided to the defendant as determined by the court.
(2)The defendants procedural rights under this section.
(3)The time limit within which the defendants response is required.
(4)A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her.
(e)(1)At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights:
(A)The right to be heard in person.
(B)The right to present witnesses and other documentary evidence.
(C)The right to confront and cross-examine adverse witnesses.
(D)The right to have the evidence against him or her disclosed to him or her.
(E)The right to a written statement of the findings of the court.
(2)If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendants financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt.
(3)An order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure.
(f)Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.
(g)As used in this section:
(1)Legal assistance means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of his or her case.
(2)Ability to pay means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following:
(A)The defendants present financial position.
(B)The defendants reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendants reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense.
(C)The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing.
(D)Any other factor or factors that may bear upon the defendants financial capability to reimburse the county for the costs of the legal assistance provided to the defendant.
(h)At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendants ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment.
(i)This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel and is convicted of a felony or a misdemeanor.
SEC. 2.Section 987.81 of the Penal Code is amended to read:987.81.(a)If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court shall consider the available information concerning the defendants ability to pay the costs of legal assistance and may, after notice, as provided in subdivision (b), hold a hearing to make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. Notwithstanding the above, if the court has ordered the probation officer to investigate and report to the court pursuant to subdivision (b) of Section 1203, the court may hold such a hearing. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings.
(b)Concurrent with counsel or legal assistance being furnished by the court, the court may order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.
(c)The provisions of this section shall apply only in a county in which the board of supervisors adopts a resolution which elects to proceed under this section.
(d)This section shall apply only when the defendant is convicted of a felony or a misdemeanor.
(a)Upon a finding by If the court finds that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in its discretion, order the defendant to appear before a county officer designated by the court, to determine whether the defendant owns or has an interest in any real property or other assets subject to attachment and not otherwise exempt by law. The court may impose a lien on any real property owned by the defendant, or in which the defendant has an interest to the extent permitted by law. The lien shall contain a legal description of the property, shall be recorded with the county recorder in the county or counties in which the property is located, and shall have priority over subsequently recorded liens or encumbrances. The county shall have the right to enforce its lien for the payment of providing legal assistance to an indigent defendant in the same manner as other lienholders by way of attachment, except that a county shall not enforce its lien on a defendants principal place of residence pursuant to a writ of execution. No lien shall be effective as against a bona fide purchaser without notice of the lien.
(b)In any case in which If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, court or upon the withdrawal of the public defender or appointed private counsel, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings. The court may, in its discretion, order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided.
(c)In any case in which (1)If the defendant hires counsel replacing a publicly provided attorney; in which the public defender or appointed counsel was required by the court to proceed with the case after a determination by the public defender that the defendant is not indigent; or, in which the defendant, at the conclusion of the case, appears to have sufficient assets to repay, without undue hardship, all or a portion of the cost of the legal assistance provided to him or her, by monthly installments or otherwise; the court shall make a determination of the defendants ability to pay as provided in subdivision (b), and may, in its discretion, make other orders as provided in that subdivision.
This(2)This subdivision applies to a county only upon the adoption of a resolution by the board of supervisors to that effect.
(d)If the defendant, after having been ordered to appear before a county officer, has been given proper notice and fails to appear before a county officer within 20 working days, the county officer shall recommend to the court that the full cost of the legal assistance shall be ordered to be paid by the defendant. The notice to the defendant shall contain all of the following:
(1)A statement of the cost of the legal assistance provided to the defendant as determined by the court.
(2)The defendants procedural rights under this section.
(3)The time limit within which the defendants response is required.
(4)A warning that if the defendant fails to appear before the designated officer, the officer will recommend that the court order the defendant to pay the full cost of the legal assistance provided to him or her.
(e)(1)At a hearing, the defendant shall be entitled to, but shall not be limited to, all of the following rights:
(1)(A)The right to be heard in person.
(2)(B)The right to present witnesses and other documentary evidence.
(3)(C)The right to confront and cross-examine adverse witnesses.
(4)(D)The right to have the evidence against him or her disclosed to him or her.
(5)(E)The right to a written statement of the findings of the court.
If(2)If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendants financial ability. Failure of a defendant who is not in custody to appear after due notice is a sufficient basis for an order directing the defendant to pay the full cost of the legal assistance determined by the court. The order to pay all or a part of the costs may be enforced in the manner provided for enforcement of money judgments generally but may not be enforced by contempt.
Any(3)An order entered under this subdivision is subject to relief under Section 473 of the Code of Civil Procedure.
(f)Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.
(g)As used in this section:
(1)Legal assistance means legal counsel and supportive services including, but not limited to, medical and psychiatric examinations, investigative services, expert testimony, or any other form of services provided to assist the defendant in the preparation and presentation of the defendants his or her case.
(2)Ability to pay means the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her, and shall include, but not be limited to, all of the following:
(A)The defendants present financial position.
(B)The defendants reasonably discernible future financial position. In no event shall the court consider a period of more than six months from the date of the hearing for purposes of determining the defendants reasonably discernible future financial position. Unless the court finds unusual circumstances, a defendant sentenced to state prison, or to county jail for a period longer than 364 days, including, but not limited to, a sentence imposed pursuant to subdivision (h) of Section 1170, shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense.
(C)The likelihood that the defendant shall be able to obtain employment within a six-month period from the date of the hearing.
(D)Any other factor or factors that may bear upon the defendants financial capability to reimburse the county for the costs of the legal assistance provided to the defendant.
(h)At any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment on the grounds of a change in circumstances with regard to the defendants ability to pay the judgment. The court shall advise the defendant of this right at the time it renders the judgment.
(i)This section shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel. counsel and is convicted of a felony or a misdemeanor.
SEC. 2.Section 987.81 of the Penal Code is amended to read:987.81.(a)In any case in which If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, or upon the withdrawal of the public defender or appointed private counsel, the court shall consider the available information concerning the defendants ability to pay the costs of legal assistance and may, after notice, as provided in subdivision (b), hold a hearing to make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. Notwithstanding the above, in any case where if the court has ordered the probation officer to investigate and report to the court pursuant to subdivision (b) of Section 1203, the court may hold such a hearing. The court may, in its discretion, hold one such additional hearing within six months of the conclusion of the criminal proceedings.
(b)Concurrent with the furnishing of counsel or legal assistance being furnished by the court, the court shall may order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. Prior to the furnishing of counsel or legal assistance by the court, the court shall give notice to the defendant that the court shall, may, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. The court shall also give notice that, if the court determines that the defendant has the present ability, the court shall order him or her to pay all or a part of the cost. The notice shall inform the defendant that the order shall have the same force and effect as a judgment in a civil action and shall be subject to enforcement against the property of the defendant in the same manner as any other money judgment.
(c)The provisions of this section shall apply only in a county in which the board of supervisors adopts a resolution which elects to proceed under this section.
(d)This section shall apply only when the defendant is convicted of a felony or a misdemeanor.
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Date
|
Status
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|---|---|
| Jul 10, 2017 | Chaptered by Secretary of State. Chapter 62, Statutes of 2017. |
| Jul 10, 2017 | Approved by the Governor. |
| Jun 26, 2017 | Enrolled and presented to the Governor at 11 a.m. |
| Jun 19, 2017 | In Senate. Ordered to engrossing and enrolling. |
| Jun 19, 2017 | Read third time. Passed. (Ayes 74. Noes 0. Page 2259.) Ordered to the Senate. |
| Jun 14, 2017 | Read second time. Ordered to consent calendar. |
| Jun 13, 2017 | From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0.) (June 13). |
| May 18, 2017 | Referred to Com. on PUB. S. |
| Apr 4, 2017 | In Assembly. Read first time. Held at Desk. |
| Apr 3, 2017 | Read third time. Passed. (Ayes 39. Noes 0. Page 583.) Ordered to the Assembly. |
| Mar 29, 2017 | Read second time. Ordered to consent calendar. |
| Mar 28, 2017 | From committee: Do pass. Ordered to consent calendar. (Ayes 7. Noes 0.) (March 28). |
| Mar 14, 2017 | Set for hearing March 28. |
| Feb 23, 2017 | Referred to Com. on PUB. S. |
| Feb 15, 2017 | From printer. May be acted upon on or after March 17. |
| Feb 14, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 19, 2017 | SB 355 Mitchell Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 13, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Public Safety |
Passed |
|
| Apr 3, 2017 | Consent Calendar 2nd SB355 | Senate Floor |
Passed |
|
| Mar 28, 2017 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Boys and Men of Color | ** Support | Jun 12, 2017 |
| American Civil Liberties Union of California | ** Support | Jun 12, 2017 |
| California Attorneys For Criminal Justice | ** Support | Jun 12, 2017 |
| Conference of California Bar Associations | ** Support | Jun 12, 2017 |
| Courage Campaign | ** Support | Jun 12, 2017 |
| Drug Policy Alliance | ** Support | Mar 29, 2017 |
| Fair Chance Project | ** Support | Jun 12, 2017 |
| Friends Committee On Legislation Of California | ** Support | Jun 12, 2017 |
| National Employment Law Project | ** Support | Jun 12, 2017 |
| Reentry Solutions Group | ** Support | Jun 12, 2017 |
| Root & Rebound Reentry Advocates | ** Support | Mar 29, 2017 |
| Root and Rebound | ** Support | Jun 12, 2017 |
Date of Hearing: June 13, 2017
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 355
Author:(Mitchell) – As Introduced: Ver:February 14, 2017
SUMMARY: Eliminates the fee for court-appointed counsel in cases which do not result in a conviction for a felony or a misdemeanor. Specifically, this bill:
- States that the fee for court-appointed counsel only applies in cases which do result in a conviction for a felony or a misdemeanor.
- Authorizes the court, in cases which result in a conviction, to order the defendant to appear before a county officer to make a determination of whether or not he or she must pay all or a portion of the fees associated with court-appointed counsel.
EXISTING LAW:
- Entitles a criminal defendant to the assistance of counsel. (U.S. Const., 6th Amend; Cal. Const. art. I, § 15.)
- Entitles an indigent defendant the right to appointed counsel at public expense when charged with a felony or misdemeanor. (Pen. Code, § 987, subd. (a).)
- Authorizes the court to require the defendant to file a financial statement to make an inquiry into the defendant’s ability to employ an attorney. (Pen. Code, § 987, subd. (c).)
- States that in any case in which the superior court assigns an attorney to represent the defendant in a criminal proceeding or a minor in a delinquency proceeding, the assigned counsel shall receive a reasonable sum for compensation and for necessary expenses, to be paid out of the county’s general fund. (Pen. Code, § 987.2, subd. (a).)
- Specifies criteria for compensation for court-appointed counsel. (Pen. Code, § 987.3.)
- Requires the court, "prior to the furnishing of counsel," to notify the defendant that he or she may be ordered to pay attorney fees. (Pen. Code, § 987.8, subd. (f).)
- Allows the county board of supervisors to assess a registration fee of $50 to a defendant who is given court-appointed counsel, but the fee shall not be required of any defendant that is financially unable to pay it. The registration fee shall be credited toward any future attorney fees that the defendant may be charged. (Pen. Code, § 987.5.)
- Allows the court, upon the conclusion of the criminal proceedings, to make a determination of the defendant's present ability to pay all or a portion of the costs of legal representation by appointed counsel. (Pen. Code, §§ 987.8, subd. (b), & 987.81.)
- Defines "ability to pay" as "the overall capability of the defendant to reimburse the costs, or a portion of the costs, of the legal assistance provided to him or her." (Pen. Code, § 987.8, subd. (g)(2).)
- States that ability to pay includes, but is not limited to all of the following:
- The defendant's present financial position;
- The defendant's reasonably discernable future financial position in the next six months;
- The likelihood that the defendant shall be able to obtain employment within a six-month period; and,
- Any other factor or factors which may bear on the defendant's financial capability to reimburse the county for the costs of legal representation. (Pen. Code, § 987.8, subd. (g)(2).)
- The defendant's present financial position;
- Establishes a presumption that a defendant sentenced to state prison, or to one year or more in the county jail, does not have a reasonably discernable financial ability to reimburse defense costs. (Pen. Code, § 987.8, subd. (g)(2)(B).)
- Permits the court to order a minor's parent or guardian to reimburse the county for all or part of the services of appointed counsel, if the parent or guardian has the ability to pay. (Pen. Code, § 987.4.)
- Requires the state to reimburse a county in an amount not to exceed 10 percent of the amounts actually expended by the county in providing counsel. (Pen. Code, § 987.6.)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, "Under current law, a low-income, homeless, or impoverished person who is accused of a crime that they did not commit can still be ordered to pay the court for the costs of a court-appointed attorney. The impact of this law subjects an individual who was falsely arrested, wrongly imprisoned, wrongly prosecuted, and ultimately exonerated, to pay an ‘accusation tax’ penalty of thousands of dollars for asserting their constitutional right to an attorney.
“In addition, courts have been known to use threat of the defendant having to pay ‘attorney’s fees regardless of outcome, to induce defendants to enter into plea bargains.
“This bill addresses the problem of innocent defendants being required to reimburse the courts for the cost of appointed counsel by specifying that this requirement may be imposed only in cases where the defendant is actually convicted of a crime.” - Attorney Fees: There are two fees associated with court-appointed counsel.
First, there is a registration fee which many counties impose in order to obtain attorney services. (Pen. Code, § 987.5.) The fee must be waived if the defendant cannot afford to pay it. The amount paid is credited towards any future services provided by the public defender or court-appointed counsel.
Additionally, upon the conclusion of the case, a defendant may be required to reimburse the county for some or all of the costs of representation. The costs of representation can include not only the attorney services, but also other costs such as consultation with experts, investigators, and costs of psychiatric examinations. (Schaffer v. Superior Court (2010) 185 Cal.App.4th 1235, 1245.)
Repayment of the costs of representation is contingent upon ability to pay. (People v. Amor (1974) 12 Cal.3d 20, 25.) Ability to pay is defined as “the overall capability of the defendant to reimburse the costs” and includes present financial conditions, reasonably discernable financial position in the next six months, the likelihood of future employment in the next six months, and any other factors that may bear upon future financial position. (Pen. Code, § 987.8, subd. (g)(2).) Because the court is limited at looking at the defendant’s future financial position for the next six months, a defendant is sentenced to state prison or to one year or more in the county jail, there is a presumption of inability to pay. (Ibid; see also People v. Flores (2003) 30 Cal.4th 1059, 1068.)
An order to pay attorney fees is enforceable as a civil judgment. (Pen. Code, § 987.8, subd. (f).)
This bill would make the reimbursement for attorney fees contingent upon conviction; however, it does not affect the registration fee. - Difference Between Innocence and Acquittal: The criminal justice system presumes that a defendant is innocent until proven guilty. (In re Winship (1970) 397 U.S. 358, 363.)
A conviction may occur two ways: either by the defendant pleading guilty, or by the defendant being found guilty by the judge (court trial) or jury (jury trial). (Ex parte Brown (1885) 68 Cal. 176, 178.)
An acquittal or a verdict of not guilty does not necessarily mean that a person is innocent. An acquittal means that that the prosecutor has failed to prove the case beyond a reasonable doubt. In contrast, innocence is more than a failure of the prosecution to convict. For example, to be entitled to a finding of factual innocence and the sealing and destruction of any arrest records under Penal Code section 851.8, the defendant must establish that facts exist which would lead no person of ordinary care and prudence to believe or conscientiously entertain any honest and strong suspicion that the person arrested or acquitted is guilty of the crimes charged. (People v. Adair (2003) 29 Cal.4th 895, 904.)
This bill specifies that a defendant is not responsible for paying attorney fees if he or she is not convicted. The defendant need not establish factual innocence. - Juvenile Adjudications: As noted above, this bill eliminates the reimbursement of court-appointed attorney fees except “when the defendant is convicted of a felony or a misdemeanor.”
A juvenile adjudication is not a “conviction.” “An order adjudging a minor to be a ward of the juvenile court shall not be deemed a conviction of a crime for any purpose.” (Welf. & Inst. Code, § 203; see also In re Joseph B. (1983) 34 Cal.3d 952; In re Eric J. (1979) 25 Cal.3d 522, 530.)
Therefore, under the proposed language of the bill, a minor’s parents would no longer be liable for reimbursement of attorney’s fees, regardless of ability to pay. - Argument in Support: According to the Conference of California Bar Associations, the sponsor of this bill, “SB 355 would exempt innocent defendants from having to reimburse the court for the cost of court-appointed counsel; only defendants actually convicted of the charged crime would be required to reimburse the court.
“Under existing criminal law, a person who is falsely accused of a crime, refuses to accept a plea bargain for a crime he or she did not commit, goes to trial, and wins (because he or she was not guilty) may still be ordered to pay the court for the costs of the court-appointed attorney who represented them during the erroneous prosecution. These costs can amount to thousands of dollars and, when placed on the backs of the already-poor, can crush their ability to meet financial obligations, putting them at risk of running afoul of the law in other ways.
“In some instances, the threat of having to pay attorney’s fees even if they are acquitted has been used to induce innocent defendants to enter guilty pleas to crimes they did not commit in exchange for an agreement to waive such fees.
“This situation is fundamentally unfair, particularly since a defendant who is found guilty of the charged crime and sentenced to a year or more in prison or county jail is deemed exempt from the obligation to reimburse the court for attorney’s fees ‘unless the court finds unusual circumstances.’ Thus, the statute is set up so that the innocent must pay for their court-appointed counsel, but the guilty do not.
“SB 355 will remove an unjustified burden on the innocent, and also remove an improper inducement (the threat of such fees) from pre-trial plea negotiations. Simple fairness demands enactment.” - Related Legislation: SB 190 (Mitchell) would eliminate or limit a number of fees charged to parents, guardians, and minors for costs associated with a minor’s involvement in the juvenile justice system, including costs for legal services. SB 190 is pending referral from the Assembly Rules Committee.
- Prior Legislation: SB 614 (Hertzberg), Chapter 534, Statutes of 2016, applied the presumption of inability to pay attorney fees when a defendant is sentenced to state prison to those defendants sentenced to one year or more in county jail.
REGISTERED SUPPORT / OPPOSITION:
Support
Conference of California Bar Associations (Sponsor)
Alliance for Boys and Men of Color
American Civil Liberties Union of California
California Attorneys for Criminal Justice
Courage Campaign
Fair Chance Project
Friends Committee on Legislation of California
National Employment Law Project
Reentry Solutions Group
Root and Rebound
Opposition
None
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 355 |
CONSENT
Bill No: SB 355
Introduced: 2/14/17
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/28/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SUBJECT: Reimbursement for court-appointed counsel
SOURCE: Conference of California Bar Associations
DIGEST: This bill 1) eliminates the fees for court appointed counsel in cases which do not result in a conviction for a felony or a misdemeanor; and 2) in cases which result in a conviction for a felony or misdemeanor, provides the courts the discretion to make a determination of whether or not a defendant shall pay all or a portion of the fees associated with court appointed counsel.
Existing law:
- Requires the court to provide counsel to defendants in all criminal prosecutions. (U.S. Const. 6th Amend.)
- Requires the court to provide counsel to defendants in state prosecutions. (Gideon v. Wainwright, 372 U.S. 335 (1963).)
- Requires, if a defendant is entitled to counsel, but is unable to employ counsel, and if counsel is assigned to represent such person in a criminal trial, proceeding, or appeal, the assigned counsel shall receive a reasonable sum for compensation and for necessary expenses, the amount of which shall be determined by the court. (Penal Code § 987.2 (a).)
- Requires if the defendant is provided legal counsel, upon conclusion of the criminal proceedings in court, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. Upon the court’s discretion, the court may hold one such additional hearing within six months of the conclusion of the criminal proceedings, and order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. (Penal Code § 987.2 (b).)
- Establishes criteria for determining a defendant’s capacity to pay all or a portion of the fees associated with court appointed counsel. (Penal Code § 987.8 (g).)
- Establishes that Penal Code § 987.8 shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel. (Penal Code § 987.8 (h)(i).)
- Requires that the court shall, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. (Penal Code § 987.81 (b).)
This bill:
- Eliminates court fees associated with court appointed counsel for defendants who are found not guilty of any felonies or misdemeanors.
- Provides only in cases which result in a conviction for a felony or misdemeanor, the courts discretion to make a determination of whether or not a defendant should pay all or a portion of the fees associated with court appointed counsel.
Comments
According to the author:
Under existing criminal law, an indigent Californian who is accused of a crime he or she did not commit, refuses to accept a plea bargain, then goes to trial and is found not guilty, may still be ordered to pay the court for the costs of a court-appointed attorney. Consequently, under current law, a low-income individual who was falsely arrested, wrongly imprisoned, wrongly prosecuted, and ultimately exonerated, is still subject to an “accusation tax” penalty of thousands of dollars for asserting their constitutional right to an attorney.
Current law requires a court to assign counsel to a defendant who desires the assistance of counsel but cannot afford to pay for it. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to determine the defendant’s ability to pay all or a portion of his or her defense costs, and to require the defendant to reimburse the county for that portion he or she has been determined able to pay. These provisions apply regardless of whether the defendant is found guilty of the crime charged or is determined to be completely innocent.
The effect of these statutes is to make individuals who are wrongly prosecuted but ultimately exonerated still subject to a penalty of thousands of dollars for defending their innocence in court. Such a penalty imposes yet another insuperable burden on the already-poor, increasing the chances they will be unable to meet family and other societal obligations and may run afoul of the system as a result. Such a system is fundamentally unfair – particularly as there is no “reverse fees” provision whereby the prosecution or court is required to pay the costs of the wrongly accused.
In addition, in some instances courts have been known to use the threat of the defendant having to pay “attorney’s fees” whether he or she wins or loses, to induce defendants to enter into plea bargains. Consequently, innocent people, who should not be convicted, are induced to plead guilty to time-served offers in exchange for an agreement to waive such fees.
Data collected from the 2016 Court Statistics Report on Statewide Caseload Trends show that roughly one in six felony filings result in a dismissal or acquittal of the charges (37,722 cases). The data also shows that 127,661 non-traffic misdemeanor cases did not result in a conviction. With a conservative estimate of 10% of individuals in these cases being assessed attorney’s fees, roughly 26,560 people statewide who have not been convicted of any crime are ordered to pay a fee each year. Counties in California cannot continue to balance their books on the backs of poor people.
SB 355 addresses the problems of innocent defendants being required to reimburse the courts for the cost of appointed counsel by amending California Penal Code provisions (§§987.8 and 987.81) to specify that this requirement only may be imposed in cases where the defendant is actually convicted of a crime.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Conference of California Bar Associations (source)
Alliance for Boys and Men of Color
California Attorneys for Criminal Justice
Courage Campaign
Drug Policy Alliance
National Employment Law Project
Reentry Solutions Group
Root & Rebound Reentry Advocates
None received
ARGUMENTS IN SUPPORT:
The Courage Campaign supports this bill stating:
In some instances, the threat of having to pay attorney’s fees even if they are acquitted has been used to induce innocent defendants to enter guilty pleas to crimes they did not commit in exchange for an agreement to waive such fees. This situation is fundamentally unfair, particularly since a defendant who is found guilty of the charged crime and sentenced to a year or more in prison or county jail is deemed exempt from the obligation to reimburse the court for attorney’s fees, “unless the court finds unusual circumstances.” Thus, the statute is set up so that the innocent must pay for their court-appointed counsel, but the guilty do not. SB 355 will remove an unjustified burden on the innocent, and also remove an improper inducement (the threat of such fees) from pre-trial plea negotiations. Simple fairness demands its enactment. Courage Campaign supports SB 355 and reiterates our appreciation of your co-authorship of the bill. We respectfully request that you continue to do all you can to support the bill’s passage.
The Reentry Solutions Group supports this bill stating:
Under existing criminal law, people who are acquitted at trail may be order to pay the court for the costs for the court-appointed attorney who represented them during erroneous prosecution. These costs, which can amount to thousands of dollars, should not have to be borne by an innocent defendant. Even the possibility of bearing potential responsibility for attorney’s fees can improperly affect disposition for innocent people. In some instances, the threat of having to pay attorney’s fees has been used to induce innocent defendants to enter guilty pleas to crimes they did not commit in exchange for an agreement to waive such fees. SB 355 will remove an unjustified burden on the innocent while eliminating an improper inducement from pre-trail plea negotiations. Simple fairness demands its enactment. Reentry Solutions Group supports SB 355 and reiterates our appreciation of your co-authority of the bill.
The Root & Rebound Reentry Advocates support this bill stating:
Under existing criminal law, a person who is falsely accused of a crime, refuses to accept a plea bargain for a crime he or she did not commit, goes to trail, and wins (because he or she was not guilty may still be ordered to pay the court for the costs of the court-appointed attorney who represented them during the erroneous prosecution… SB 355 will remove an unjustified burden on the innocent, and also remove an improper inducement (the threat of such fees) from pre-trial plea negotiations. Simple fairness demands its enactment.
Prepared by: Nico Galván / PUB. S. /
3/29/17 16:02:37
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 355 Hearing Date: March 28, 2017
Author: | Mitchell | ||
Version: | February 14, 2017 | ||
Urgency: | No | Fiscal: | No |
Consultant: | NG | ||
Subject: Reimbursement for Court-Appointed Counsel
HISTORY
Source: Conference of California Bar Associations
Prior Legislation: SB 405 (Hertzberg) – Chapter 385, Statues of 2015
Support: Alliance for Boys and Men of Color; California Attorneys for Criminal Justice; Courage Campaign; Drug Policy Alliance; National Employment Law Project; Reentry Solutions Group; Root & Rebound Reentry Advocates
Opposition: None known
PURPOSE
The purpose of this bill is to: 1) eliminate the fees for court appointed counsel in cases which do not result in a conviction for a felony or a misdemeanor; and 2) in cases which result in a conviction for a felony or misdemeanor, provide the courts the discretion to make a determination of whether or not a defendant shall pay all or a portion of the fees associated with court appointed counsel.
Existing law requires the court to provide counsel to defendants in all criminal prosecutions. (U.S. Const. 6th Amend.)
Existing case law has expanded the interpretation of the 6th Amendment of the United States Constitution to include that a defendant has a right to counsel in state prosecutions. (Gideon v. Wainwright, 372 U.S. 335 (1963))
Existing law requires, if a defendant is entitled to counsel, but is unable to employ counsel, and if counsel is assigned to represent such person in a criminal trial, proceeding, or appeal, the assigned counsel shall receive a reasonable sum for compensation and for necessary expenses, the amount of which shall be determined by the court. (Penal Code § 987.2 (a).)
Existing law requires if the defendant is provided legal counsel, upon conclusion of the criminal proceedings in court, the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof. Upon the court’s discretion, the court may hold one such additional hearing within six months of the conclusion of the criminal proceedings, and order the defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to pay all or a portion of the legal assistance provided. (Penal Code § 987.2 (b).)
Existing law establishes criteria for determining a defendant’s capacity to pay all or a portion of the fees associated with court appointed counsel. (Penal Code § 987.8 (g).)
Existing law establishes that Penal Code § 987.8 shall apply to all proceedings, including contempt proceedings, in which the party is represented by a public defender or appointed counsel. (Penal Code § 987.8 (h)(i).)
This bill eliminates court fees associated with court appointed counsel for defendants who are found not guilty of any felonies or misdemeanors.
Existing law requires that the court shall, after a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost of counsel. (Penal Code § 987.81 (b).)
This bill provides only in cases which result in a conviction for a felony or misdemeanor, the courts discretion to make a determination of whether or not a defendant should pay all or a portion of the fees associated with court appointed counsel.
COMMENTS
1. Need for This Bill
According to the author:
Under existing criminal law, an indigent Californian who is accused of a crime he or she did not commit, refuses to accept a plea bargain, then goes to trial and is found not guilty, may still be ordered to pay the court for the costs of a court-appointed attorney. Consequently, under current law, a low-income individual who was falsely arrested, wrongly imprisoned, wrongly prosecuted, and ultimately exonerated, is still subject to an “accusation tax” penalty of thousands of dollars for asserting their constitutional right to an attorney.
Current law requires a court to assign counsel to a defendant who desires the assistance of counsel but cannot afford to pay for it. Upon conclusion of the proceedings against the defendant, or withdrawal of counsel, existing law authorizes the court to determine the defendant’s ability to pay all or a portion of his or her defense costs, and to require the defendant to reimburse the county for that portion he or she has been determined able to pay. These provisions apply regardless of whether the defendant is found guilty of the crime charged or is determined to be completely innocent.
The effect of these statutes is to make individuals who are wrongly prosecuted but ultimately exonerated still subject to a penalty of thousands of dollars for defending their innocence in court. Such a penalty imposes yet another insuperable burden on the already-poor, increasing the chances they will be unable to meet family and other societal obligations and may run afoul of the system as a result. Such a system is fundamentally unfair – particularly as there is no “reverse fees” provision whereby the prosecution or court is required to pay the costs of the wrongly accused.
In addition, in some instances courts have been known to use the threat of the defendant having to pay “attorney’s fees” whether he or she wins or loses, to induce defendants to enter into plea bargains. Consequently, innocent people, who should not be convicted, are induced to plead guilty to time-served offers in exchange for an agreement to waive such fees.
Data collected from the 2016 Court Statistics Report on Statewide Caseload Trends show that roughly one in six felony filings result in a dismissal or acquittal of the charges (37,722 cases). The data also shows that 127,661 non-traffic misdemeanor cases did not result in a conviction. With a conservative estimate of 10% of individuals in these cases being assessed attorney’s fees, roughly 26,560 people statewide who have not been convicted of any crime are ordered to pay a fee each year. Counties in California cannot continue to balance their books on the backs of poor people.
SB 355 addresses the problems of innocent defendants being required to reimburse the courts for the cost of appointed counsel by amending California Penal Code provisions (§§987.8 and 987.81) to specify that this requirement only may be imposed in cases where the defendant is actually convicted of a crime.
2. Effect of This Bill
This legislation eliminates all court fees associated with court appointed counsel for those defendants who have not been convicted of a felony or a misdemeanor. What this means is that, for instance, if a defendant is charged with a felony or a misdemeanor, and is appointed counsel, but is found innocent at the conclusion of criminal proceedings, the defendant will not have to pay fees associated with court appointed counsel. Therefore, this bill will also eliminate the necessity for the court to hold a hearing to make a determination on the defendant’s ability to pay all or a portion of the fees associated with court appointed counsel.
This bill will also provide, in cases that result in a conviction of a felony or a misdemeanor, the courts with the discretion whether or not to hold a hearing to determine if the defendant is able to pay all or a portion of the fees associated with court appointed council.
3. Arguments in Support
The Courage Campaign supports this bill stating:
In some instances, the threat of having to pay attorney’s fees even if they are acquitted has been used to induce innocent defendants to enter guilty pleas to crimes they did not commit in exchange for an agreement to waive such fees. This situation is fundamentally unfair, particularly since a defendant who is found guilty of the charged crime and sentenced to a year or more in prison or county jail is deemed exempt from the obligation to reimburse the court for attorney’s fees, “unless the court finds unusual circumstances.” Thus, the statute is set up so that the innocent must pay for their court-appointed counsel, but the guilty do not. SB 355 will remove an unjustified burden on the innocent, and also remove an improper inducement (the threat of such fees) from pre-trial plea negotiations. Simple fairness demands its enactment. Courage Campaign supports SB 355 and reiterates our appreciation of your co-authorship of the bill. We respectfully request that you continue to do all you can to support the bill’s passage.
The Reentry Solutions Group supports this bill stating:
Under existing criminal law, people who are acquitted at trail may be order to pay the court for the costs for the court-appointed attorney who represented them during erroneous prosecution. These costs, which can amount to thousands of dollars, should not have to be borne by an innocent defendant. Even the possibility of bearing potential responsibility for attorney’s fees can improperly affect disposition for innocent people. In some instances, the threat of having to pay attorney’s fees has been used to induce innocent defendants to enter guilty pleas to crimes they did not commit in exchange for an agreement to waive such fees. SB 355 will remove an unjustified burden on the innocent while eliminating an improper inducement from pre-trail plea negotiations. Simple fairness demands its enactment. Rentry Solutions Group supports SB 355 and reiterates our appreciation of your co-authority of the bill.
The Root & Rebound Reentry Advocates support this bill stating:
Under existing criminal law, a person who is falsely accused of a crime, refuses to accept a plea bargain for a crime he or she did not commit, goes to trail, and wins (because he or she was not guilty may still be ordered to pay the court for the costs of the court-appointed attorney who represented them during the erroneous prosecution… SB 355 will remove an unjustified burden on the innocent, and also remove an improper inducement (the threat of such fees) from pre-trial plea negotiations. Simple fairness demands its enactment.
– END –
Bill Co-Author(s):