Public defender-indigency standards.

Plain English Breakdown

Checked against official source text during the last sync.

Public Defender Eligibility Standards

This law changes how people qualify for public defender services by setting income limits and adding new ways to determine if someone is needy.

What This Bill Does

• Defines a 'needy person' as someone who earns less than 125% of the federal poverty level and cannot afford legal representation without harming their ability to provide basic needs for themselves or their family.
• Allows people with incomes between 125% and 218% of the poverty level to be considered needy based on a court's discretion.
• States that someone earning more than 218% of the federal poverty level cannot be deemed needy under this law.
• Adds new ways for courts to presume someone is needy, such as if they receive certain types of public assistance or are in mental health facilities without funds.
• Gives judges discretion to decide that extraordinary circumstances exist and allow representation even if income standards do not qualify the person.

Who It Names or Affects

• People who need legal help but cannot afford it
• Courts deciding on eligibility for public defenders

Terms To Know

Needy Person

A person who qualifies for free legal representation because they can't pay for a lawyer.

Federally Established Poverty Level

The income level set by the federal government that defines poverty.

Limits and Unknowns

• Does not specify how public defenders will be funded.
• Does not address what happens if a person's income changes after being deemed needy.
• Does not provide details on how judges should use discretion in determining extraordinary circumstances.

Official Summary Text

Bill Summary - 20LSO-0185
Bill No.:

SF0013

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0185

Enrolled Act No.:

SEA No. 0015

Chapter No.:

34

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Public defender-indigency standards.

Subject:

Eligibility for public defender representation.

Summary/Major Elements:

Under current law, the Office of the Public Defender must represent "needy persons" who are arrested or charged with certain crimes.

The act clarifies who qualifies as a needy person eligible for public-defender representation:

A person whose gross income is less than one hundred twenty-five percent (125%) of the current federally established poverty level is needy;
A person whose gross income is between one hundred twenty-five percent (125%) and two hundred eighteen percent (218%) of the poverty level may be needy;
A person whose gross income is greater than two hundred eighteen percent (218%) of the poverty level cannot be deemed needy for purposes of representation.

The act provides that a person shall be presumed needy if he receives certain forms of public assistance or is in a mental-health or correctional institution and has no available funds. The act also provides that a court has discretion to determine that extraordinary circumstances exist to warrant representation for the person.

The act also amends the definition of "needy person" to consider the person's ability to secure legal representation without prejudicing his ability to provide for himself or his family.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

20LSO-0185

ORIGINAL Senate

ENGROSSED
File No
.
SF0013

ENROLLED ACT NO. 15,

SENATE

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to criminal procedure; amending indigency qualification procedures and standards for public defender representation; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
‑
6
‑
102(a)(iv) and 7
‑
6
‑
106(b) and by creating new subsections (f) through (h) are amended to read:

7
‑
6
‑
102.

Definitions.

(a)

As used in this act:

(iv)

"Needy person" means a person who at the time
of
his need
of an attorney
is
determined is
unable to provide for the full payment of an attorney and all other necessary expenses of representation
;

without prejudicing his financial ability to provide basic economic necessities for himself or his family considering the person's available funds and the anticipated cost of the attorney.

7
‑
6
‑
106.

Determination of need; reimbursement for services.

(b)

In determining whether a person is a needy person and in determining the extent of his inability to pay, and, in the case of an unemancipated minor, the inability to pay of his custodial parent or another person who has a legal obligation of support, the court shall consider the standards set forth in
subsections (f) through (h) of this section and
Rule 44(d), Wyoming Rules of Criminal Procedure. Release on bail does not necessarily prevent a
person from being determined to be needy. In each case the person, subject to the penalties for perjury, shall certify in writing, or by other record, the material factors relating to his ability to pay as the court prescribes.

(f)

The following income standards shall be used to determine whether a person is needy for purposes of this article:

(i)

A person whose annual gross income is less than one hundred twenty
‑
five percent (125%) of the current federally established poverty level for his immediate family unit is needy;

(ii)

A person whose annual gross income is between one hundred twenty
‑
five percent (125%) and two hundred eighteen percent (218%) of the current federally established poverty level for his immediate family unit may be deemed needy;

(iii)

A person whose annual gross income is greater than two hundred eighteen percent (218%) of the current federally established poverty level for his immediate family unit shall not be deemed needy under this article.

(g)

Notwithstanding subsection (f) of this section, a person may be deemed needy if the person is charged with a felony and the court, in its discretion, determines on the record after consideration of the standards set forth in Rule 44(d), Wyoming Rules of Criminal Procedure that
extraordinary circumstances exist such that the person is entitled to representation.

(h)

Notwithstanding subsection (f) of this section, a person shall be presumed needy if:

(i)

He receives at least one (1) of the following types of public assistance:

(A)

Temporary Assistance for Needy Families (TANF);

(B)

Emergency Aid to Elderly, Disabled and Children (
EAEDC
);

(C)

Poverty related veteran's benefits;

(D)

Supplemental nutrition assistance program;

(E)

Medicaid;

(F)

Supplemental Security Income (SSI).

(ii)

He resides in a public mental health facility and has no available funds or liquid assets;

(iii)

He is serving a sentence in a state correctional institution and has no available funds or liquid assets; or

(iv)

He is in custody in a county jail and has no available funds or liquid assets.
Section 2
.

This act is effective July 1, 2020
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1