Criminal procedure: indigent defense compensation.

Assembly Member Schultz's indigent defense reform measure overhauls how California counties contract for criminal defense services, establishing new requirements to ensure adequate legal representation for defendants who cannot afford private counsel. Beginning January 1, 2027, counties and courts must structure their indigent defense contracts to comply with state public defender standards and provide sufficient resources for comprehensive legal services.

The legislation prohibits flat-fee and per-case compensation arrangements, requiring instead that contracts account for the actual time and resources needed for competent representation. Counties must allocate separate funding for essential support services like investigators, social workers, and immigration counsel, without penalizing attorneys who utilize these resources. The contracts must also include provisions allowing modifications if caseloads or costs exceed initial projections.

Under the new framework, counties that contract with private entities for indigent defense services must submit their agreements to the Office of the State Public Defender every two years. These submissions must detail either the hourly rate or equivalent compensation structure. The measure aligns California with states like Idaho, Michigan, Nevada, South Dakota, and Washington that have enacted similar restrictions on flat-fee defense contracts.