Cal. Gov. Code § 68662

Current through the 2023 Legislative Session.
Section 68662 - Appointment of counsel for prisoners subject to capital sentence for postconviction proceedings

The superior court that imposed the sentence shall offer to appoint counsel to represent a state prisoner subject to a capital sentence for purposes of state postconviction proceedings, and shall enter an order containing one of the following:

(a) The appointment of one or more counsel to represent the prisoner in proceedings pursuant to Section 1509 of the Penal Code upon a finding that the person is indigent and has accepted the offer to appoint counsel or is unable to competently decide whether to accept or reject that offer.
(b) A finding, after a hearing if necessary, that the prisoner rejected the offer to appoint counsel and made that decision with full understanding of the legal consequences of the decision.
(c) The denial to appoint counsel upon a finding that the person is not indigent.

Ca. Gov. Code § 68662

Added by Proposition 66, approved by the voters at the November 8, 2016 election, effective immediately upon enactment.