Nevada Revised Statutes 180.006 – Maximum contribution amount for county for provision of indigent defense services; state contributions for provision of indigent defense services in excess of maximum county contribution
1. The maximum amount that a county may be required to pay for the provision of indigent defense services during a fiscal year is:
Terms Used In Nevada Revised Statutes 180.006
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Nevada Revised Statutes 0.050
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
(a) In a county whose population is less than 100,000:
(1) For Fiscal Year 2023-2024, the applicable amount set forth in the table below, as determined by the calculated maximum contribution amount for the county for providing indigent defense services for Fiscal Year 2022-2023, increased by the percentage equal to the lesser of:
(I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
(II) Five percent.
(2) For each fiscal year after Fiscal Year 2023-2024, an amount equal to the calculated maximum contribution amount for the county for providing indigent defense services for the immediately preceding fiscal year, increased by the percentage equal to the lesser of:
(I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
(II) Five percent.
(b) In a county whose population is 100,000 or more:
(1) The actual costs to the county for providing indigent defense services for the immediately preceding fiscal year; and
(2) The percentage equal to the lesser of:
(I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
(II) Five percent.
2. If a county whose population is less than 100,000 chooses to transfer to the State Public Defender the responsibility of providing representation in:
(a) Direct appeals to the appellate court of competent jurisdiction, the cost of providing representation in those cases is a charge against the State and is excluded from the required maximum contribution of the county.
(b) Death penalty cases, the State Public Defender shall submit to the county an estimate for the representation. The county is responsible for paying 25 percent of the estimate and shall make such a payment in accordance with NRS 180.110. Such payments count towards the maximum contribution of the county.
3. Except as otherwise provided in subsection 4, a county may seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to this section, after the county has exceeded its maximum contribution.
4. A county may not seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to this section, for the costs of any capital improvement projects relating to the provision of indigent defense services, including, without limitation, costs relating to the construction of a room or area in a courthouse in which an attorney who provides indigent defense services may consult with a client or any other capital improvement project that is indirectly related to the provision of indigent defense services.
5. Nothing in this section limits a county from expending more than its maximum contribution for the provision of indigent defense services, as determined pursuant to this section.