Sec. 79.037. TECHNICAL SUPPORT; GRANTS. (a) The commission shall:
(1) provide technical support to:
(A) assist counties in improving their indigent defense systems; and
(B) promote compliance by counties with the requirements of state law relating to indigent defense;
(2) to assist a county in providing indigent defense services in the county, distribute in the form of grants any funds appropriated for the purposes of this section to one or more of the following entities:
(A) the county;
(B) a law school's legal clinic or program that provides indigent defense services in the county; and
(C) a regional public defender that meets the requirements of Subsection (e) and provides indigent defense services in the county; and
(3) monitor each entity that receives a grant under Subdivision (2) and enforce compliance with the conditions of the grant, including enforcement by:
(A) withdrawing grant funds; or
(B) requiring reimbursement of grant funds by the entity.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 56 (S.B. 1353), Sec. 1
(b) The commission shall distribute funds as described by Subsection (a)(2) or (e) based on the applicable county's compliance with standards adopted by the board and the county's demonstrated commitment to compliance with the requirements of state law relating to indigent defense.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 476 (S.B. 1057), Sec. 2
(b) The commission shall determine for each county the entity or entities within the county that are eligible to receive funds for the provision of indigent defense services under Subsection (a)(2). The determination must be made based on the entity's:
(1) compliance with standards adopted by the board; and
(2) demonstrated commitment to compliance with the requirements of state law relating to indigent defense.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 56 (S.B. 1353), Sec. 1
(c) The board shall adopt policies to ensure that funds under Subsection (a)(2) or (e) are allocated and distributed in a fair manner.
Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 476 (S.B. 1057), Sec. 2
(c) The board shall adopt policies to ensure that funds under Subsection (a)(2) are allocated and distributed in a fair manner.
(d) A county may not reduce the amount of funds provided for indigent defense services in the county because of funds provided by the commission under this section.
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 56 (S.B. 1353), Sec. 1
(e) The commission may award a grant to an entity described by Section 791.013 that provides to a county administrative services under an interlocal contract entered into for the purpose of providing or improving the provision of indigent defense services in the county. The commission shall monitor each entity that receives a grant under this subsection and enforce compliance with the conditions of the grant in the same manner as if the grant were awarded directly to a county under Subsection (a)(2).
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 476 (S.B. 1057), Sec. 2
(e) The commission may distribute funds under Subsection (a)(2) to a regional public defender's office formed under Article 26.044, Code of Criminal Procedure, if:
(1) the regional public defender's office serves two or more counties;
(2) each county that enters an agreement to create or designate and to jointly fund the regional public defender's office satisfies the commission that the county will timely provide funds to the office for the duration of the grant for at least half of the office's operational costs;
(3) each participating county by local rule adopts and submits to the commission guidelines under Article 26.04(f), Code of Criminal Procedure, detailing the types of cases to be assigned to the office; and
(4) each participating county and the regional public defender's office agree in writing to a method that the commission determines to be appropriate under Subsection (f) to pay all costs associated with the defense of cases assigned to the office that remain pending in the county after the termination of the agreement or the county's participation in the agreement.
(f) The commission shall select, by rule or under a contract with a regional public defender's office, a method for the payment of costs under Subsection (e)(4), which may include any combination of the following:
(1) allowing an office to establish and maintain a reserve of funds sufficient to cover anticipated costs, in an amount determined appropriate by the commission;
(2) guaranteeing all or part of the costs to be paid; or
(3) establishing a schedule of fees for the payment of costs in the manner provided by Article 26.05, Code of Criminal Procedure.
(g) Any change to a schedule of fees established under Subsection (f)(3) must first be approved by the commission.
(h) A regional public defender's office shall collect each participating county's portion of the operational costs as that portion is provided by the county to the office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 984 (H.B. 1754), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 56 (S.B. 1353), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 476 (S.B. 1057), Sec. 2, eff. September 1, 2015.
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