Senate advances bill to create Indigent Defense Commission with $3 million start-up request

Senators moved the second substitute of Senate Bill 155 to third reading after a sponsor described recommendations from a Judicial Council study on indigent criminal defense.

The sponsor said the study found the state ‘‘has delegated the state's constitutional responsibility under the Sixth Amendment to ... provide effective representation of counsel to indigent defendants entirely to counties and municipalities,’’ producing inconsistent systems and limited information about whether constitutional obligations are met. The bill would create an Indigent Defense Commission to promulgate standards, provide training and economic assistance, and oversee contract practices that the sponsor said may create disincentives to effective representation.

‘‘The use of all-inclusive flat fee contracts create systematic disincentives that may negatively affect the provision of defense services,’’ the sponsor said, summarizing the study’s findings and explaining the commission’s oversight role. The sponsor added that stakeholders negotiated most technical changes in the second substitute and that the measure is intended to address constitutional concerns.

Floor discussion recorded the bill’s funding ask: the sponsor and chair confirmed the measure includes a $3,000,000 request to stand up the commission. The sponsor noted the amount remained unchanged across substitutes.

The sponsor moved the second substitute to third reading; the clerk recorded the motion and the item was placed on the third-reading calendar for further floor action.

Next steps: SB155 will be considered on third reading, where the Senate may vote on final passage or further amendments.