Criminal procedure: public defenders.

(1) Existing law allows the board of supervisors of any county to establish the office of the public defender and requires the public defender to, among other duties, defend a person who is not financially able to employ counsel and who is charged with the commission of a crime. Existing law authorizes the court to make the final determination as to whether a defendant is financially able to employ counsel and qualifies for the services of the public defender. This bill would require this representation to commence as soon as feasible after being notified of a person's arrest, but in any case within 24 hours after booking or sufficiently before the arraignment to allow the provision of meaningful representation, as specified. The bill would establish a presumption that a person detained when this representation begins is unable to financially employ counsel and eligible for indigent defense services. The bill would additionally require the public defender or indigent defense provider to, prior to the arraignment, individually and confidentially advise a person who has been cited or arrested for a misdemeanor or felony on the importance of the right to counsel, including potential collateral consequences and the right to the assistance of counsel at no expense if the defendant is not financially able to employ counsel. The bill would require the court to ensure this advisal has occurred prior to accepting a waiver of counsel. (2) Under existing law, immediately upon being booked and, except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls, as specified. Existing law requires that a sign informing the arrested person of this right be posted in a conspicuous place. Under existing law, if the arrested person is identified as a custodial parent with responsibility for a minor child, the arrested person is entitled to make 2 additional calls for the purpose of arranging for the care of the minor child in the parent's absence, as specified. This bill would additionally require the arresting or booking officer to verbally inform the arrested person of this right. The bill would specify that the arrested person has the right to free telephone calls both during and outside of business hours. The bill would allow an arrested person to make 2 additional calls if they are responsible for providing care to another household member for the purpose of arranging for their care. The bill would require the arresting or booking officer to, immediately upon booking and no later than 2 hours after arrest, notify the public defender or indigent defense provider for the county that the arrested person is in custody. (3) Existing law prohibits the court from accepting a plea of guilty for a felony not punishable by death or life imprisonment from a defendant who does not appear with counsel unless the court fully informs the defendant of the right to counsel and finds that the defendant understands the right and freely waives it, as specified. This bill would expand this to misdemeanors, require an additional advisal prior to a person waiving the right to counsel, and require the court to inform the defendant through an individualized colloquy and in writing of their right to counsel, as specified. The bill would establish a presumption that a plea taken without counsel is not knowing, intelligent, and voluntary, as specified. The bill would prohibit a prosecutor and judge from communicating a plea offer, disposition, or resolution to a defendant unless counsel is present or the defendant has waived counsel, as specified. (4) Existing law requires a person arrested to be taken before a magistrate without delay and, in any event, within 48 hours after arrest, not including weekends and holidays, as specified. Existing law allows an attorney to visit a prisoner after their arrest upon the request of the prisoner or their relative, as specified. This bill would additionally allow an attorney's representative to visit a prisoner after their arrest. By expanding the duties of the public defender and imposing new duties on local agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.