Text: SSB02005                          Text: SSB02007
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2006

Bill Text

PAG LIN
  1  1    Section 1.  Section 822.5, subsection 2, Code 1997, is
  1  2 amended to read as follows:
  1  3    2.  If an applicant confined in a state institution seeks
  1  4 relief under section 822.2, subsection 6, and the court finds
  1  5 in favor of the applicant, or when relief is denied and costs
  1  6 and expenses referred to in subsection 1 cannot be collected
  1  7 from the applicant, these costs and expenses initially shall
  1  8 be paid by the county in which the application was filed
  1  9 state.  The facts of payment and the proceedings on which it
  1 10 is based, with a statement of the amount of costs and expenses
  1 11 incurred, shall be submitted to the county district court in a
  1 12 timely manner with for approval in writing by the presiding or
  1 13 district judge.  The written approval of the judge shall be
  1 14 appended to the statement or endorsed on it, and shall be
  1 15 certified by the clerk of the district court under seal to the
  1 16 state executive council public defender.  The executive
  1 17 council state public defender shall review the proceedings and
  1 18 authorize reimbursement for the costs and expenses or for that
  1 19 part which the executive council state public defender finds
  1 20 justified, and shall notify the director of revenue and
  1 21 finance to.  Upon receipt of notification from the state
  1 22 public defender, the department of revenue and finance shall
  1 23 draw a warrant to the county treasurer on the state general
  1 24 fund for the amount authorized.
  1 25    Sec. 2.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
  1 26 This Act, being deemed of immediate importance, takes effect
  1 27 upon enactment and applies retroactively to any claims for
  1 28 costs and expenses which are or were approved by a presiding
  1 29 or district judge on or after June 1, 1997.  For claims paid
  1 30 by counties on or after June 1, 1997, but on or before the
  1 31 effective date of this Act, the counties shall submit an
  1 32 accounting to the state public defender of any amounts paid
  1 33 for which the county has not received reimbursement from the
  1 34 executive council.  The accounting shall include such
  1 35 information as was submitted to the executive council in the
  2  1 original claim for reimbursement.  
  2  2                           EXPLANATION
  2  3    This bill makes changes in the procedures applicable to
  2  4 payment of costs and expenses in postconviction actions
  2  5 relating to forfeiture of reductions in sentence based on good
  2  6 conduct time which had been earned by an inmate against the
  2  7 sentence.
  2  8    Under current law, claims for cost and expenses incurred
  2  9 are submitted to the court for approval and forwarded to the
  2 10 county for payment.  Once the county has paid, the claim is
  2 11 forwarded to the executive council for reimbursement from the
  2 12 state general fund.
  2 13    Under the bill, those claims would be forwarded directly to
  2 14 the state public defender from the court for payment from the
  2 15 general fund.  The state public defender retains the
  2 16 discretion to pay only those claims that the state public
  2 17 defender finds are justified.
  2 18    The bill takes effect upon enactment and is made
  2 19 retroactively applicable to June 1, 1997, covering claims
  2 20 which were approved by the court on or after that date.  For
  2 21 claims paid by counties on or after June 1, 1997, but on or
  2 22 before the effective date of the bill, the counties are to
  2 23 submit an accounting to the state public defender of any
  2 24 amounts paid for which the county has not received
  2 25 reimbursement from the executive council.  The accounting is
  2 26 to include such information as was submitted to the executive
  2 27 council in the original claim for reimbursement.  
  2 28 LSB 3018SC 77
  2 29 lh/sc/14
     

Text: SSB02005                          Text: SSB02007
Text: SSB02000 - SSB02099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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