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The Deason Criminal Justice Reform Center tracks state legislation nationwide to identify reform opportunities and criminal justice policy trends. Across the country, state legislatures are evaluating several important public defense reforms, including Day One reforms and improvements in public defense funding and compensation. Below is an overview of some of the important proposed legislation that the Deason Center is tracking.

Day One Reforms: Oklahoma and Virginia, are considering bills to ensure prompt access to counsel in criminal cases. In Oklahoma requires Tulsa County to appoint counsel for arrested people prior to first appearance and allow those attorneys to consult with clients prior to the hearing. The Oklahoma legislature is now considering a bill to expand access to counsel.

• , the Pretrial Procedures Modernization Act, originally required that all arrested people in Oklahoma be brought before a judge for an initial appearance within 48 hours of arrest. The bill would also have guaranteed the right to counsel at initial appearance hearings. The Judiciary Committee amended the bill, narrowing it to a pilot program in Oklahoma County. As amended, the bill received a “do pass” vote from both the Judiciary Committee and the Appropriations Committee in the Senate. Following committee approval, the legislature placed the bill on General Order in the Senate, making it eligible for consideration by the full chamber.

  Virginia is also seeking to improve the earliest stages of the criminal process.

• requires counsel at initial appearance in all Virginia jurisdictions with a public defender office. Importantly, the bill requires that counsel have time to confer with their client before the initial appearance whenever possible. Each jurisdiction would file a plan on how to meet the bill’s requirements. VA SB 412 is currently under consideration in the Senate Finance and Appropriations Committee.

Financial Incentives for Public Defense Providers: Several states are considering bills that would provide financial incentives that would be available to public defense attorneys.

• : Creates financial incentives for new attorneys who choose to practice in rural areas.
• : Expands the number of years for which loan forgiveness is available for prosecutors and public defense providers from six years to eight years.
• : Increases educational debt reimbursement for prosecutors and public defense providers from $3,400 to $5,500.
• : Establishes attorney loan repayment program for Iowa law school graduates who practice law in Iowa, with a priority on funding lawyers who practice in rural areas.

Public Defense Commissions and Studies: Some states are considering bills to alter public defense oversight. Others are considering legislation to study aspects of public defense.

• : Establishes a task force to address legal services for the indigent, which could identify how public defense services are provided and recommend improvements.
• : Transfers responsibility for payment for public defense services from the counties to the Commission on Indigent Legal Services, which was created last year.
• : Establishes an indigent defense commission.
• : Establishes a commission to study compensation for prosecutors and public defenders in the state and produce a report.

Compensation for Public Defense Providers: Two states are considering bills to increase compensation for public defense providers.

• : Increases hourly rates for court appointed counsel from $60-80 per hour to not less than $100 per hour.
• : Establishes pay parity for assistant public defenders and deputy attorneys generals.

The Deason Center will continue tracking these important bills through the legislative sessions. If there is another bill you think the Center should follow or engage with, please contact the Deason Center at DeasonJusticeCenter@smu.edu.