Minnesota Legislature
HF 3
as introduced - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/14/2021 11:22am
Current Version - as introduced
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A bill for an act
relating to public safety; amending provisions relating to public defender county
program aid; amending Minnesota Statutes 2020, sections 477A.03, subdivision
2b; 611.27, subdivisions 9, 10, 11, 13, 15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:
Subd. 2b.
Counties.
(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text begin Each calendar
year,deleted text end new text begin On or before the first installment date provided in section 477A.015, paragraph (a),new text end
$500,000 of this appropriation shall be deleted text begin retaineddeleted text end new text begin transferred each yearnew text end by the commissioner
of revenue to deleted text begin make reimbursements to the commissioner of management and budgetdeleted text end new text begin the
Board of Public Defensenew text end for deleted text begin payments madedeleted text end new text begin the payment of servicenew text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27.deleted text end Any deleted text begin retaineddeleted text end new text begin transferrednew text end amounts not deleted text begin used for reimbursementdeleted text end new text begin
expended or encumberednew text end in anew text begin fiscalnew text end yearnew text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 andnew text end shall be included in the next
deleted text begin distributiondeleted text end new text begin certificationnew text end of county need aid deleted text begin that is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable yeardeleted text end .
(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.
Sec. 2.
Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:
Subd. 9.
Request for other appointment of counsel.
The chief district public defender
deleted text begin with the approval ofdeleted text end new text begin may request thatnew text end the state public defender deleted text begin may request that the chief
judge of the district court, or a district court judge designated by the chief judge,deleted text end authorize
appointment of counsel other than the district public defender in such cases.
Sec. 3.
Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:
Subd. 10.
Addition of permanent staff.
The chief public defender may not request deleted text begin the
courtdeleted text end nor may the deleted text begin court orderdeleted text end new text begin state public defender approvenew text end the addition of permanent staff
under subdivision 7.
Sec. 4.
Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:
Subd. 11.
Appointment of counsel.
If the deleted text begin courtdeleted text end new text begin state public defendernew text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begin court shall orderdeleted text end new text begin state public defender
may approvenew text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text begin If the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end
Sec. 5.
Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:
Subd. 13.
Correctional facility inmates.
All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text begin on a monthly basisdeleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text begin appointed under a court orderdeleted text end new text begin approved by the state public defendernew text end , the deleted text begin state public
defenderdeleted text end new text begin Board of Public Defensenew text end shall deleted text begin forward to the commissioner of management and
budgetdeleted text end new text begin paynew text end all deleted text begin billings fordeleted text end services deleted text begin rendered under the court order. The commissioner shall
pay for servicesdeleted text end from county program aid deleted text begin retaineddeleted text end new text begin transferrednew text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.
Sec. 6.
Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:
Subd. 15.
Costs of transcripts.
In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text begin state public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shalldeleted text end new text begin
Board of Public Defense maynew text end pay for these transcripts and other necessary expenses from
county program aid deleted text begin retaineddeleted text end new text begin transferrednew text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).