SCS CSHB 370(JUD): "An Act relating to the provision of legal services at public expense."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD)                                                                            
01 "An Act relating to the provision of legal services at public expense."                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 18.85.100(a) is amended to read:                                                                    
04  (a)  An indigent person who is [BEING DETAINED BY A LAW                                                               
05 ENFORCEMENT OFFICER IN CONNECTION WITH A SERIOUS CRIME, OR IS]                                                          
06 under formal charge of having committed a serious crime and the crime has been the                                     
07 subject of an initial appearance or subsequent proceeding, or is being detained under                                  
08 a conviction of a serious crime, or is on probation or parole, or is entitled to                                        
09 representation under the Supreme Court Delinquency or Child in Need of Aid Rules, or                                    
10 is detained under an order issued under AS 18.15.120 - 18.15.149, or against whom                                     
11 commitment proceedings for mental illness have been initiated, is entitled                                              
12   (1)  to be represented, in connection with the crime or proceeding, by                                             
13 an attorney to the same extent as a person retaining an attorney is entitled; and                                       
14   (2)  to be provided with the necessary services and facilities of this                                               
01 representation, including investigation and other preparation.                                                          
02    * Sec. 2.  AS 18.85.100 is amended by adding a new subsection to read:                                               
03  (d)  Notwithstanding (a) of this section, an indigent person is entitled to the                                       
04 representation and necessary services and facilities of representation as provided in (a)                               
05 of this section when the prosecuting attorney or a law enforcement officer requests the                                 
06 court to provide representation to an indigent person under this section and the court                                  
07 finds that the provision of representation is necessary in the interests of justice.                                    
08    * Sec. 3.  AS 18.85.110(a) is amended to read:                                                                       
09  (a)  If a person having a right to representation under AS 18.85.100 is not                                           
10 represented by an attorney, [THE LAW ENFORCEMENT OFFICERS CONCERNED,                                                    
11 UPON COMMENCEMENT OF DETENTION, OR THE AGENCY, OR] the court [,                                                         
12 AS THE CASE MAY BE,] shall, at the time of the person's appearance before the                                          
13 court,                                                                                                                 
14   [(1)]  clearly inform the person of the right of an indigent person to be                                            
15 represented by an attorney at public expense [; AND                                                                     
16   (2)  IF THE PERSON DETAINED OR CHARGED DOES NOT HAVE                                                                 
17 AN ATTORNEY, NOTIFY THE AGENCY OR THE COURT, AS APPROPRIATE,                                                            
18 THAT THE PERSON IS NOT SO REPRESENTED].                                                                                 
19    * Sec. 4.  AS 18.85.110(d) is amended to read:                                                                       
20  (d)  If a court determines under AS 18.85.120 that an indigent [THE] person                                       
21 is entitled to be represented by an attorney at public expense, the court [IT] shall                                  
22 promptly notify the agency or the office of public advocacy.                                                            
23    * Sec. 5.  AS 18.85.120(a) is amended to read:                                                                       
24  (a)  The determination of a person's indigency shall be made by the court in                                          
25 which an action against the person is pending.  The determination shall be made by                                     
26 the court and shall set out the basis for the finding that the person is indigent.                                     
27    * Sec. 6.  AS 18.85.110(b), 18.85.110(c), and 18.85.110(f) are repealed.