47-1-119 . Central services division -- responsibilities -- contracted services -- training -- department of administration to support.
(1)There is a central services division in the office of state public defender. The division must be located in Butte, Montana. The central services division is supervised by an administrator hired and supervised by the director.
(2)The central services division administrator shall:
(a)manage eligibility determination under 47-1-111 ;
(b)manage agency contracting pursuant to subsection (3);
(c)manage agency training, practice standards, and litigation support pursuant to subsection (4);
(d)provide administrative support to the director; and
(e)actively seek gifts, grants, and donations that may be available through the federal government or other so
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47-1-119 . Central services division -- responsibilities -- contracted services -- training -- department of administration to support. (1) There is a central services division in the office of state public defender. The division must be located in Butte, Montana. The central services division is supervised by an administrator hired and supervised by the director.
(2) The central services division administrator shall:
(a) manage eligibility determination under 47-1-111 ;
(b) manage agency contracting pursuant to subsection (3);
(c) manage agency training, practice standards, and litigation support pursuant to subsection (4);
(d) provide administrative support to the director; and
(e) actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the system.
(3) (a) The central services division administrator shall hire an individual who is responsible for the administrative oversight and assignment of contracted public defenders and service providers for the office of state public defender.
(b) All contracting pursuant to this section is exempt from the Montana Procurement Act as provided in 18-4-132 .
(c) Contracts may not be awarded based solely on the lowest bid or provide compensation to contractors based solely on a fixed fee paid irrespective of the number of cases assigned.
(d) (i) Contracting pursuant to this section must be done through a competitive process that must, at a minimum, involve the following considerations:
(A) attorney qualifications necessary to provide effective assistance of counsel that meets relevant and applicable standards for any case assigned;
(B) attorney caseload, including the amount of private practice engaged in outside the contract;
(C) reporting protocols and caseload monitoring processes;
(D) a process for assessment of performance;
(E) a process for conflict resolution;
(F) continuing education requirements;
(G) cost of services provided; and
(H) compliance with agency and state policies, procedures, protocols, and standards.
(ii) Contract public defenders may not take any money, compensation, or benefit from, or on behalf of, any client assigned to them under this section.
(4) (a) The central services division administrator shall hire an individual who is responsible for the administrative oversight and management of agency training, practice standards, and litigation support services.
(b) The individual shall coordinate training efforts for all agency employees, contract public defenders, and contracted service providers. The training efforts must include:
(i) current aspects of criminal and civil law involving public defense;
(ii) current and emerging technologies affecting public defense; and
(iii) best practices and standard operating procedures needed for the effective and efficient performance of duties.
(c) The individual shall manage the development and dissemination of practice standards and standard operating procedures affecting the delivery of public defender services.
(d) The individual shall ensure articles, opinions, motions, briefs, and other relevant sources of information regarding important aspects of public defense are collected, compiled, and made available to agency employees, contract public defenders, and contracted service providers.
(e) The individual shall develop and manage a litigation support services program to provide cocounsel and other direct litigation assistance as necessary to public defenders.
(5) The central services division shall establish for the office of state public defender:
(a) standard procedures to handle complaints about public defender performance and work with the public defender division administrator, appellate defender division administrator, and conflict defender division administrator to ensure that public defenders, office personnel, and clients are aware of avenues available for bringing a complaint and that office procedures do not conflict with the disciplinary jurisdiction of the supreme court and the rules promulgated pursuant to Article VII, section 2, of the Montana constitution and the applicable provisions of Title 37, chapter 61;
(b) processes and procedures to ensure that employees and contract personnel use information technology and caseload management systems so that detailed expenditure and caseload data is accurately collected, recorded, and reported; and
(c) budgeting, reporting, and related administrative requirements for the office of state public defender, including procedures for the approval, payment, recording, reporting, and management of all defense expenses.
(6) The following expenses are payable by the central services division if the expense is incurred at the request of a public defender and is authorized by the director:
(a) witness and interpreter fees and expenses as provided for in Title 26, chapter 2, part 5, and 46-15-116 ; and
(b) transcript fees, as provided in 3-5-604 .
(7) If the costs to be paid pursuant to subsection (6) are not paid directly, reimbursement must be made within 30 days of the receipt of a claim.
(8) The department of administration established in 2-15-1001 shall provide central services support to the extent feasible and efficient.