19-863A. CAPITAL CRIMES DEFENSE FUND AUTHORIZED. (1) The establishment of a capital crimes defense fund by the counties of the state for purposes of funding the costs of criminal defense in cases where the penalty of death is a legal possibility is hereby authorized. The fund shall be organized and operated in accordance with a joint powers agreement, as authorized by chapter 23, title 67, Idaho Code, executed by the participating counties. Membership in the fund shall be voluntary, as determined by resolution of the board of county commissioners of the respective counties of the state.
(2) The fund may be comprised of contributions from participating counties and any court fees or other funds designated or appropriated for deposit in the fund by the legislature.
(3) The fund shall be operated and administered by a board of representatives to be selected as provided in the joint powers agreement. If moneys are appropriated to the fund by the legislature, the governor shall appoint a representative of the executive branch of state government to serve as a voting member of the governing board, and if court fees are designated for deposit in the fund, the Idaho supreme court shall appoint a representative of the judicial branch of state government to serve as a voting member of the board.
(4) The governing board of the fund shall have full authority to employ personnel and contract for personal and professional services as necessary and may take all other steps necessary or proper to determine the manner in which the fund shall be utilized to assist participating counties in meeting defense costs associated with representation of indigent defendants charged with crimes for which the penalty of death is a legal possibility.
(5) Beginning October 1, 2022, the state appellate public defender assumes all responsibility for providing representation for indigent defendants in the cases described in section 19-5905, Idaho Code; provided, however, that all counties participating in the capital crimes defense fund on January 1, 2022, shall be required to continue participation until October 1, 2024. At an appropriate time after October 1, 2024, participating counties are authorized to dissolve the fund.
History:
[19-863A, added 1998, ch. 389, sec. 1, p. 1190; am. 2021, ch. 164, sec. 3, p. 467; am. 2022, ch. 318, sec. 57, p. 1030.]
Structure Idaho Code
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 19-849 - 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 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.
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.