Nev. Rev. Stat. § 180.006

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 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:

(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.

Carson City................................................................................................ $1,903,177

Churchill........................................................................................................... 375,706

Douglas............................................................................................................. 892,658

Elko ............................................................................................................. 1,946,335

Esmeralda........................................................................................................... 94,702

Eureka................................................................................................................. 41,808

Humboldt......................................................................................................... 493,319

Lander............................................................................................................... 102,569

Lincoln............................................................................................................. 187,530

Lyon ............................................................................................................... 851,690

Mineral................................................................................................................ 95,963

Nye ................................................................................................................. 866,049

Pershing............................................................................................................ 258,163

Storey.................................................................................................................. 93,593

White Pine....................................................................................................... 461,448

(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.

NRS 180.006

Added to NRS by 2023, 3057

Added by 2023, Ch. 497,§2, eff. 7/1/2023.