Text: SSB02162                          Text: SSB02164
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Senate Study Bill 2163

Bill Text

PAG LIN
  1  1    Section 1.  Section 822.5, Code 1997, is amended to read as
  1  2 follows:
  1  3    822.5  PAYMENT OF COSTS.
  1  4    1.  If the applicant is unable to pay court costs and
  1  5 expenses of legal representation, including stenographic,
  1  6 printing, or other legal services or consultation, these costs
  1  7 and expenses shall be made available to the applicant in the
  1  8 preparation of the application, in the trial court, and on
  1  9 review.  Unless the applicant is confined in a state
  1 10 institution and is seeking relief under section 822.2,
  1 11 subsection 6, if the applicant is unable to pay court costs
  1 12 and expenses of legal representation those costs and expenses
  1 13 shall also be made available to the applicant in the
  1 14 preparation of the application, in the trial court, and on
  1 15 review.  However, nothing in this section shall be interpreted
  1 16 to require payment of expenses of legal representation,
  1 17 including stenographic, printing, or other legal services or
  1 18 consultation, when the applicant is self-represented or is
  1 19 utilizing the services of an inmate.
  1 20    2.  If an applicant confined in a state institution seeks
  1 21 relief under section 822.2, subsection 6, and the court finds
  1 22 in favor of the applicant, or when relief is denied and costs
  1 23 and expenses referred to in subsection 1 cannot be collected
  1 24 from the applicant, these costs and expenses initially shall
  1 25 be paid by the county in which the application was filed.  The
  1 26 facts of payment and the proceedings on which it is based,
  1 27 with a statement of the amount of costs and expenses incurred,
  1 28 shall be submitted to the county in a timely manner with
  1 29 approval in writing by the presiding or district judge
  1 30 appended to the statement or endorsed on it, and shall be
  1 31 certified by the clerk of the district court under seal to the
  1 32 state executive council.  The executive council shall review
  1 33 the proceedings and authorize reimbursement for the costs and
  1 34 expenses or for that part which the executive council finds
  1 35 justified, and shall notify the director of revenue and
  2  1 finance to draw a warrant to the county treasurer on the state
  2  2 general fund for the amount authorized.  
  2  3                           EXPLANATION
  2  4    This bill strikes language which entitles an inmate to, and
  2  5 provides a payment mechanism for, counsel in postconviction
  2  6 relief actions based on the alleged unlawful forfeiture of
  2  7 good conduct time and the exhaustion of administrative
  2  8 remedies to regain the good conduct time reduction in
  2  9 sentence.  
  2 10 LSB 4342SC 77
  2 11 lh/sc/14
     

Text: SSB02162                          Text: SSB02164
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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