47-1-216. Contracted services -- rules. (1) The commission shall establish standards for a statewide contracted services program that ensures that contracting for public defender services is done fairly and consistently statewide and within each public defender region.
     (2) Beginning July 1, 2006, the state office and each regional office, in a manner consistent with statewide standards adopted by the commission pursuant to this section, may contract to provide public defender, professional nonattorney, and other personal services necessary to deliver public defender services within each public defender region. All contracting pursuant to this section is exempt from the Montana Procurement Act, as provided in 18-4-132.
     (3) 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.
     (4) Contracting for public defender services 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 the standards established by the commission;
     (b) attorney qualifications necessary to provide effective assistance of counsel that meet the standards issued by the Montana supreme court for counsel for indigent persons in capital cases;
     (c) attorney access to support services, such as paralegal and investigator services;
     (d) attorney caseload, including the amount of private practice engaged in outside the contract;
     (e) reporting protocols and caseload monitoring processes;
     (f) a process for the supervision and evaluation of performance;
     (g) a process for conflict resolution; and
     (h) continuing education requirements in accordance with standards set by the commission.
     (5) The chief public defender and deputy public defenders shall provide for contract oversight and enforcement to ensure compliance with established standards.
     (6) The commission shall adopt rules to establish reasonable compensation for attorneys contracted to provide public defender services and for others contracted to provide nonattorney services.

     History: En. Sec. 12, Ch. 449, L. 2005.