Reference Title: public defenders; mental health hearings

AN ACT
AMENDING SECTION 11-584, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1996, CHAPTER 83, SECTION 2; AMENDING SECTION 11-584, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1996, CHAPTER 83, SECTION 3; PROVIDING FOR DELAYED REPEAL OF SECTION 11-584, ARIZONA REVISED STATUTES, AS AMENDED BY SECTION 1 OF THIS ACT; RELATING TO PUBLIC DEFENDERS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-584, Arizona Revised Statutes, as amended by Laws 1996, chapter 83, section 2, is amended to read:

11-584 . Duties; reimbursement

A. The public defender shall perform the following duties:

1. Upon order of the court, defend, advise and counsel without expense, subject to the provisions of subsection B, to the defendant any person who is not financially able to employ counsel in the following proceedings:

(a) Offenses triable in the superior, municipal or justice courts at all stages of the proceedings, including the preliminary examination, but only for those offenses which by law require that counsel be provided.

(b) Extradition hearings.

(c) Sanity hearings only when appointed by the court under title 36, chapter 5.

(d) Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.

(e) Juvenile delinquency and incorrigibility proceedings only when appointed by the court under section 8-225.

(f) Appeals to a higher court or courts.

(g) All juvenile proceedings other than delinquency and incorrigibility proceedings under subdivision (e), including serving as a guardian ad litem, when appointed by the court pursuant to section 8-225, if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept the appointment.

(h) ALL MENTAL HEALTH HEARINGS REGARDING RELEASE RECOMMENDATIONS BEFORE THE PSYCHIATRIC SECURITY REVIEW BOARD PURSUANT TO SECTION 13-3994, WHEN APPOINTED BY THE COURT AS PROVIDED IN SECTION 31-502, SUBSECTION A, PARAGRAPH 9, IF THE COURT APPOINTS THE PUBLIC DEFENDER AND THE BOARD OF SUPERVISORS HAS ADVISED THE PRESIDING JUDGE OF THE SUPERIOR COURT IN THE COUNTY THAT THE PUBLIC DEFENDER IS AUTHORIZED TO ACCEPT THE APPOINTMENT.

2. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.

B. Although the services of the public defender shall be without expense to the defendant the sentencing court may, as a condition of probation, require that the defendant repay to the county a reasonable amount to reimburse the county for the cost of such defendant's defense. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that such payment will impose.

Sec. 2. Section 11-584, Arizona Revised Statutes, as amended by Laws 1996, chapter 83, section 3, is amended to read:

11-584 . Duties; reimbursement

A. The public defender shall perform the following duties:

1. Upon order of the court, defend, advise and counsel without expense, subject to the provisions of subsection B of this section, to the defendant any person who is not financially able to employ counsel in the following proceedings:

(a) Offenses triable in the superior, municipal or justice courts at all stages of the proceedings, including the preliminary examination, but only for those offenses which by law require that counsel be provided.

(b) Extradition hearings.

(c) Sanity hearings only when appointed by the court under title 36, chapter 5.

(d) Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.

(e) Commitment hearings held pursuant to section 13-4518 only if appointed by the court.

(f) Juvenile delinquency and incorrigibility proceedings only when appointed by the court under section 8-225.

(g) Appeals to a higher court or courts.

(h) All juvenile proceedings other than delinquency and incorrigibility proceedings under subdivision (f), including serving as a guardian ad litem, when appointed by the court pursuant to section 8-225, if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept the appointment.

(i) ALL MENTAL HEALTH HEARINGS REGARDING RELEASE RECOMMENDATIONS BEFORE THE PSYCHIATRIC SECURITY REVIEW BOARD PURSUANT TO SECTION 13-3994, WHEN APPOINTED BY THE COURT AS PROVIDED IN SECTION 31-502, SUBSECTION A, PARAGRAPH 9, IF THE COURT APPOINTS THE PUBLIC DEFENDER AND THE BOARD OF SUPERVISORS HAS ADVISED THE PRESIDING JUDGE OF THE SUPERIOR COURT IN THE COUNTY THAT THE PUBLIC DEFENDER IS AUTHORIZED TO ACCEPT THE APPOINTMENT.

2. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.

B. Although the services of the public defender shall be without expense to the defendant the sentencing court may, as a condition of probation, require that the defendant repay to the county a reasonable amount to reimburse the county for the cost of such defendant's defense. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that such payment will impose.

Sec. 3. Delayed repeal

Section 11-584, Arizona Revised Statutes, as amended by section 1 of this act, is repealed on October 1, 1997.

Sec. 4. Delayed effective date

Section 11-584, Arizona Revised Statutes, as amended by section 2 of this act, is effective on October 1, 1997.

APPROVED BY THE GOVERNOR APRIL 25, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1997.