1. 1. The maximum amount that a county may be required to pay for the provision of indigent defense services during a fiscal year is:

   1. (a) In a county whose population is less than 100,000:

      1. (1) For Fiscal Year 2023-2024, the applicable amount set forth in the table below, as determined by the calculated maximum contribution amount for the county for providing indigent defense services for Fiscal Year 2022-2023, increased by the percentage equal to the lesser of:

         1. (I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or

         2. (II) Five percent.

            Carson City................................................................................................ $1,903,177

            Churchill........................................................................................................... 375,706

            Douglas............................................................................................................. 892,658

            Elko................................................................................................................ 1,946,335

            Esmeralda........................................................................................................... 94,702

            Eureka................................................................................................................. 41,808

            Humboldt......................................................................................................... 493,319

            Lander............................................................................................................... 102,569

            Lincoln............................................................................................................. 187,530

            Lyon.................................................................................................................. 851,690

            Mineral................................................................................................................ 95,963

            Nye.................................................................................................................... 866,049

            Pershing............................................................................................................ 258,163

            Storey.................................................................................................................. 93,593

            White Pine....................................................................................................... 461,448

      2. (2) For each fiscal year after Fiscal Year 2023-2024, an amount equal to the calculated maximum contribution amount for the county for providing indigent defense services for the immediately preceding fiscal year, increased by the percentage equal to the lesser of:

         1. (I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
         2. (II) Five percent.

   2. (b) In a county whose population is 100,000 or more:

      1. (1) The actual costs to the county for providing indigent defense services for the immediately preceding fiscal year; and

      2. (2) The percentage equal to the lesser of:

         1. (I) The cost of inflation, as measured by the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the United States Department of Labor for the immediately preceding calendar year or, if that index ceases to be published by the United States Department of Labor, the published index that most closely resembles that index, as determined by the Department; or
         2. (II) Five percent.

2. 2. If a county whose population is less than 100,000 chooses to transfer to the State Public Defender the responsibility of providing representation in:

   1. (a) Direct appeals to the appellate court of competent jurisdiction, the cost of providing representation in those cases is a charge against the State and is excluded from the required maximum contribution of the county.
   2. (b) Death penalty cases, the State Public Defender shall submit to the county an estimate for the representation. The county is responsible for paying 25 percent of the estimate and shall make such a payment in accordance with NRS 180.110. Such payments count towards the maximum contribution of the county.
3. 3. Except as otherwise provided in subsection 4, a county may seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to this section, after the county has exceeded its maximum contribution.
4. 4. A county may not seek state contributions for the provision of indigent defense services in excess of the maximum contribution of the county, as determined pursuant to this section, for the costs of any capital improvement projects relating to the provision of indigent defense services, including, without limitation, costs relating to the construction of a room or area in a courthouse in which an attorney who provides indigent defense services may consult with a client or any other capital improvement project that is indirectly related to the provision of indigent defense services.
5. 5. Nothing in this section limits a county from expending more than its maximum contribution for the provision of indigent defense services, as determined pursuant to this section.

(Added to NRS by 2023, 3057)