Idaho Code
Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
Section 19-851 - RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS.

19-851. RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS. In this act, the term:
(1) "Commission" means the state public defense commission as created pursuant to section 19-849, Idaho Code;
(2) "Defending attorney" means any attorney employed by an indigent defense provider or otherwise assigned to represent adults or juveniles at public expense;
(3) "Detain" means to have in custody or otherwise deprive of freedom of action;
(4) "Expenses," when used with reference to representation under this act, includes the expenses of investigation, other preparation and trial;
(5) "Indigent defense provider" means any agency, entity, organization or person selected by a board of county commissioners in accordance with section 19-859, Idaho Code, or a designee of the commission if the commission’s actions to remedy specific deficiencies pursuant to section 19-862A(11)(b), Idaho Code, involve the direct provision of indigent defense services, as a means to provide for the representation of indigent persons and other individuals who are entitled to be represented by an attorney at public expense;
(6) "Indigent defense standard" means any rule promulgated by the commission pursuant to section 19-850(1)(a), Idaho Code;
(7) "Indigent person" means a person who, at the time his need is determined pursuant to section 19-854, Idaho Code, is unable to provide for the full payment of an attorney and all other necessary expenses of representation;
(8) "Local share" means the benchmark figure calculated by the commission to determine the minimum amount of county funding that shall be maintained by a county and to determine the award amount of state indigent defense financial assistance for which a county may be eligible pursuant to section 19-862A, Idaho Code. For any given county fiscal year, a county’s local share shall be the median of the annual amount in county funds expended by that county for indigent defense during each of the first three (3) of the preceding five (5) county fiscal years, as certified by the county clerk. In calculating this amount, county indigent defense expenditures shall not include:
(a) Amounts received from the public defense commission; and
(b) Amounts expended for capital cases by those counties participating in the capital crimes defense program in excess of premiums and deductibles required by guidelines approved by the Idaho capital crimes defense fund board of directors;
(9) "Serious crime" means any offense, the penalty for which includes the possibility of confinement, incarceration, imprisonment or detention in a correctional facility, regardless of whether actually imposed;
(10) "State indigent defense financial assistance" means the state funding a county may be awarded pursuant to section 19-862A, Idaho Code.

History:
[19-851, added 1967, ch. 181, sec. 1, p. 599; am. 1968 (2nd E.S.), ch. 10, sec. 1, p. 20; am. 1972, ch. 27, sec. 1, p. 39; am. 1972, ch. 385, sec. 1, p. 1117; am. 1995, ch. 59, sec. 1, p. 132; am. 2005, ch. 93, sec. 1, p. 313; am. 2013, ch. 220, sec. 1, p. 515; am. 2016, ch. 195, sec. 2, p. 547; am. 2019, ch. 35, sec. 2, p. 99.]

Structure Idaho Code

Idaho Code

Title 19 - CRIMINAL PROCEDURE

Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED

Section 19-801 - ACCUSED TO BE INFORMED OF CHARGE — RIGHT TO COUNSEL.

Section 19-802 - SENDING FOR COUNSEL.

Section 19-804 - PRELIMINARY EXAMINATION.

Section 19-805 - COMMITMENT OR BAIL ON POSTPONEMENT.

Section 19-806 - FORM OF COMMITMENT.

Section 19-807 - ISSUANCE OF SUBPOENAS FOR WITNESSES.

Section 19-808 - EXAMINATION OF WITNESSES FOR STATE.

Section 19-809 - EXAMINATION OF WITNESSES FOR DEFENDANT.

Section 19-809A - CHILD’S OUT OF COURT STATEMENTS ADMISSIBLE IN PRELIMINARY EXAMINATIONS.

Section 19-810 - EXCLUSION OF WITNESSES.

Section 19-811 - EXCLUSION OF OTHER PERSONS.

Section 19-812 - TRANSCRIPT OF PRELIMINARY EXAMINATION.

Section 19-813 - CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION.

Section 19-814 - DISCHARGE OF DEFENDANT.

Section 19-815 - HOLDING DEFENDANT TO ANSWER.

Section 19-815A - CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION.

Section 19-816 - OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT.

Section 19-817 - BAILABLE OFFENSES — ORDER ADMITTING TO BAIL.

Section 19-818 - ORDER OF COMMITMENT.

Section 19-819 - FORM OF COMMITMENT.

Section 19-820 - UNDERTAKING OF WITNESSES TO APPEAR.

Section 19-821 - SECURITY FOR APPEARANCE.

Section 19-822 - SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN.

Section 19-823 - COMMITMENT FOR FAILURE TO GIVE SECURITY.

Section 19-824 - CONDITIONAL EXAMINATION.

Section 19-825 - RETURN OF PAPERS TO DISTRICT COURT.

Section 19-847 - INDIGENT PUBLIC DEFENSE — FINANCIAL .

Section 19-848 - SHORT TITLE.

Section 19-849 - STATE PUBLIC DEFENSE COMMISSION.

Section 19-850 - POWERS AND DUTIES OF THE STATE PUBLIC DEFENSE COMMISSION.

Section 19-851 - RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS.

Section 19-852 - RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.

Section 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.

Section 19-854 - DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT.

Section 19-855 - QUALIFICATIONS OF COUNSEL.

Section 19-857 - WAIVER OF COUNSEL — CONSIDERATION BY COURT.

Section 19-858 - REIMBURSEMENT — WHEN AUTHORIZED.

Section 19-859 - PUBLIC DEFENDER AUTHORIZED — JOINT COUNTY PUBLIC DEFENDERS.

Section 19-860 - PUBLIC DEFENDER — COMPENSATION — APPOINTMENT — QUALIFICATIONS.

Section 19-861 - PUBLIC DEFENDER’S OFFICE — EMPLOYEES — COMPENSATION — FACILITIES.

Section 19-862 - APPROPRIATION FOR PUBLIC DEFENDER — PRIVATE CONTRIBUTIONS.

Section 19-862A - COMPLIANCE — INDIGENT DEFENSE FINANCIAL ASSISTANCE.

Section 19-863 - DEFENSE EXPENSES — ALLOCATION IN JOINTLY ESTABLISHED OFFICES.

Section 19-863A - CAPITAL CRIMES DEFENSE FUND AUTHORIZED.

Section 19-864 - RECORDS OF DEFENDING ATTORNEYS — ANNUAL REPORT OF DEFENDING ATTORNEYS.

Section 19-865 - APPLICATION OF ACT — STATE COURTS — FEDERAL COURTS.

Section 19-866 - PROVISIONS NOT EXCLUSIVE.