(A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to public defender offices pursuant to the formula, funds for the defense of capital cases, funds for attorney's fees and expenses in non-capital cases, and other funds appropriated for these purposes;
(2) perform those functions provided pursuant to Section 17-3-360;
(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent defense system.
(B) On or about June thirtieth of each year, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney's fees and expenses in capital cases; provided, however, this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed three million dollars.
(C) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the Death Penalty Trial Fund in the Office of Indigent Defense.
HISTORY: 1993 Act No. 164, Part II, Section 45C; 1994 Act No. 497, Part I, E23-Section 14; 1995 Act No. 145, Part IB, E23-Section 14; 1996 Act No. 458, Part II, Section 26C; 2005 Act No. 103, Section 2, eff July 1, 2005; 2007 Act No. 108, Section 7, eff June 21, 2007.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 3 - Defense Of Indigents
Section 17-3-10. Persons entitled to counsel shall be so advised; when counsel shall be provided.
Section 17-3-20. Appointment of counsel for indigents charged with murder; compensation.
Section 17-3-40. Creation of claim against assets and estate of person for whom counsel is provided.
Section 17-3-55. Carry-forward of unpaid obligations.
Section 17-3-110. Power of Supreme Court to establish rules and regulations.
Section 17-3-310. Commission created; appointment of members; terms; powers and duties.
Section 17-3-320. Office of Indigent Defense; executive director; appointment; duties.
Section 17-3-330. Duties of Office of Indigent Defense.
Section 17-3-340. Duties of commission.
Section 17-3-370. Appointment of counsel by court.
Section 17-3-520. Circuit public defender; qualifications; responsibilities.
Section 17-3-530. Chief county public defenders; responsibilities and duties.
Section 17-3-540. Maintenance and staffing of county public defender offices.
Section 17-3-560. Administration of funds.
Section 17-3-570. Administration of personnel.
Section 17-3-580. Public defenders; requirements as to employment.
Section 17-3-590. Office space and equipment.
Section 17-3-600. Existing contracts for providing indigent defense services.