1.1                          A bill for an act 
  1.2             relating to public defense; providing for 
  1.3             representation by the public defender; providing 
  1.4             public defender access to government data; requiring 
  1.5             the public defense co-payment to be deposited in the 
  1.6             general fund; increasing the appropriation for fiscal 
  1.7             year 2005; amending Minnesota Statutes 2002, section 
  1.8             611.16; Minnesota Statutes 2003 Supplement, sections 
  1.9             611.17, subdivision 1; 611.25, subdivision 1; 611.272; 
  1.10            Laws 2003, First Special Session chapter 2, article 1, 
  1.11            section 8; repealing Minnesota Statutes 2003 
  1.12            Supplement, section 611.18. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2002, section 611.16, is 
  1.15  amended to read: 
  1.16     611.16 [REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.] 
  1.17     Any person described in section 611.14 or any other person 
  1.18  entitled by law to representation by counsel, may at any time 
  1.19  request the court in which the matter is pending, or the court 
  1.20  in which the conviction occurred, to appoint a public defender 
  1.21  to represent the person.  In a proceeding defined by clause (2) 
  1.22  of section 611.14, application for the appointment of a public 
  1.23  defender may also be made to a judge of the Supreme Court.  
  1.24     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.25  611.17, subdivision 1, is amended to read: 
  1.26     Subdivision 1.  [STANDARDS FOR DISTRICT PUBLIC DEFENSE 
  1.27  ELIGIBILITY.] (a) Each judicial district must screen requests 
  1.28  for representation by the district public defender.  A defendant 
  1.29  is financially unable to obtain counsel if: 
  2.1      (1) the defendant, or any dependent of the defendant who 
  2.2   resides in the same household as the defendant, receives 
  2.3   means-tested governmental benefits; or 
  2.4      (2) the defendant, through any combination of liquid assets 
  2.5   and current income, would be unable to pay the reasonable costs 
  2.6   charged by private counsel in that judicial district for a 
  2.7   defense of the same matter. 
  2.8      (b) Upon a request for the appointment of counsel, the 
  2.9   court shall make appropriate inquiry into the financial 
  2.10  circumstances of the applicant, who shall submit a financial 
  2.11  statement under oath or affirmation setting forth the 
  2.12  applicant's assets and liabilities, including the value of any 
  2.13  real property owned by the applicant, whether homestead or 
  2.14  otherwise, less the amount of any encumbrances on the real 
  2.15  property, the source or sources of income, and any other 
  2.16  information required by the court.  The applicant shall be under 
  2.17  a continuing duty while represented by a public defender to 
  2.18  disclose any changes in the applicant's financial circumstances 
  2.19  that might be relevant to the applicant's eligibility for a 
  2.20  public defender.  The state public defender shall furnish 
  2.21  appropriate forms for the financial statements.  The forms must 
  2.22  contain conspicuous notice of the applicant's continuing duty to 
  2.23  disclose to the court changes in the applicant's financial 
  2.24  circumstances.  The forms must also contain conspicuous notice 
  2.25  of the applicant's obligation to make a co-payment for the 
  2.26  services of the district public defender, as specified under 
  2.27  paragraph (c).  The information contained in the statement shall 
  2.28  be confidential and for the exclusive use of the court and the 
  2.29  public defender appointed by the court to represent the 
  2.30  applicant except for any prosecution under section 609.48.  A 
  2.31  refusal to execute the financial statement or produce financial 
  2.32  records constitutes a waiver of the right to the appointment of 
  2.33  a public defender.  The court shall not appoint a district 
  2.34  public defender to a defendant who is financially able to retain 
  2.35  private counsel but refuses to do so. 
  2.36     An inquiry to determine financial eligibility of a 
  3.1   defendant for the appointment of the district public defender 
  3.2   shall be made whenever possible prior to the court appearance 
  3.3   and by such persons as the court may direct.  This inquiry may 
  3.4   be combined with the prerelease investigation provided for in 
  3.5   Minnesota Rule of Criminal Procedure 6.02, subdivision 3.  In no 
  3.6   case shall the district public defender be required to perform 
  3.7   this inquiry or investigate the defendant's assets or 
  3.8   eligibility.  The court has the sole duty to conduct a financial 
  3.9   inquiry.  The inquiry must include the following: 
  3.10     (1) the liquidity of real estate assets, including the 
  3.11  defendant's homestead; 
  3.12     (2) any assets that can be readily converted to cash or 
  3.13  used to secure a debt; 
  3.14     (3) the determination of whether the transfer of an asset 
  3.15  is voidable as a fraudulent conveyance; and 
  3.16     (4) the value of all property transfers occurring on or 
  3.17  after the date of the alleged offense.  The burden is on the 
  3.18  accused to show that he or she is financially unable to afford 
  3.19  counsel.  Defendants who fail to provide information necessary 
  3.20  to determine eligibility shall be deemed ineligible.  The court 
  3.21  must not appoint the district public defender as advisory 
  3.22  counsel. 
  3.23     (c) Upon appointment of the public defender disposition of 
  3.24  the case, an individual who receives has received public 
  3.25  defender services shall be obligated to pay to the court a 
  3.26  co-payment for representation provided by a public defender, 
  3.27  unless the co-payment is, or has been, waived by the court.  The 
  3.28  co-payment shall be according to the following schedule: 
  3.29     (1) if the person was charged with a felony, $200; 
  3.30     (2) if the person was charged with a gross misdemeanor, 
  3.31  $100; or 
  3.32     (3) if the person was charged with a misdemeanor, $50. 
  3.33     If the person is a child and was appointed counsel under 
  3.34  the provisions of section 260B.163, subdivision 4, the parents 
  3.35  of the child shall pay to the court a co-payment of $100.  If 
  3.36  the person is a parent of a child and the parent was appointed 
  4.1   counsel under the provisions of section 260C.163, subdivision 3, 
  4.2   the parent shall pay to the court a co-payment of $200.  The 
  4.3   co-payment shall be deposited in the state general fund. 
  4.4      If a term of probation is imposed as a part of an 
  4.5   offender's sentence, the co-payment required by this section 
  4.6   must not be made a condition of probation.  The co-payment 
  4.7   required by this section is a civil obligation and must not be 
  4.8   made a condition of a criminal sentence.  Collection of the 
  4.9   co-payment may be made through the provisions of chapter 270A, 
  4.10  the Revenue Recapture Act. 
  4.11     (d) All public defender co-pay revenue collected under 
  4.12  paragraph (c) and revenues less statutory fees collected under 
  4.13  chapter 270A shall be deposited in the public defender co-pay 
  4.14  account in the special revenue fund. 
  4.15     The first $2,740,000 deposited in the public defender 
  4.16  co-pay account must be transferred to the general fund.  This is 
  4.17  not an annual transfer.  Receipts in excess of the first 
  4.18  $2,740,000 are appropriated to the Board of Public Defense for 
  4.19  public defender services. 
  4.20     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  4.21  611.25, subdivision 1, is amended to read: 
  4.22     Subdivision 1.  [REPRESENTATION.] (a) The state public 
  4.23  defender shall represent, without charge: 
  4.24     (1) a defendant or other person appealing from a conviction 
  4.25  of a felony or gross misdemeanor; 
  4.26     (2) a person convicted of a felony or gross misdemeanor who 
  4.27  is pursuing a postconviction proceeding and who has not already 
  4.28  had a direct appeal of the conviction, but if the person pled 
  4.29  guilty and received a presumptive sentence or a downward 
  4.30  departure in sentence, and the state public defender reviewed 
  4.31  the person's case and determined that there was no basis for an 
  4.32  appeal of the conviction or of the sentence, then the state 
  4.33  public defender may decline to represent the person in a 
  4.34  postconviction remedy case; and 
  4.35     (3) a child who is appealing from a delinquency 
  4.36  adjudication or from an extended jurisdiction juvenile 
  5.1   conviction. 
  5.2      (b) The state public defender may represent, without 
  5.3   charge, all other persons pursuing a postconviction remedy under 
  5.4   section 590.01, who are financially unable to obtain counsel.  
  5.5      (c) The state public defender shall represent any other 
  5.6   person, who is financially unable to obtain counsel, when 
  5.7   directed to do so by the Supreme Court or the Court of Appeals, 
  5.8   except that The state public defender shall not represent a 
  5.9   person in any action or proceeding in which a party is seeking a 
  5.10  monetary judgment, recovery or award.  When requested by a 
  5.11  district public defender or appointed counsel, the state public 
  5.12  defender may assist the district public defender, appointed 
  5.13  counsel, or an organization designated in section 611.216 in the 
  5.14  performance of duties, including trial representation in matters 
  5.15  involving legal conflicts of interest or other special 
  5.16  circumstances, and assistance with legal research and brief 
  5.17  preparation.  When the state public defender is directed by a 
  5.18  court to represent a defendant or other person, the state public 
  5.19  defender may assign the representation to any district public 
  5.20  defender. 
  5.21     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  5.22  611.272, is amended to read: 
  5.23     611.272 [ACCESS TO GOVERNMENT DATA.] 
  5.24     The district public defender, the state public defender, or 
  5.25  an attorney working for a public defense corporation under 
  5.26  section 611.216 has access to the criminal justice data 
  5.27  communications network described in section 299C.46, as provided 
  5.28  in this section.  Access to data under this section is limited 
  5.29  to data regarding the public defender's own client as necessary 
  5.30  to prepare criminal cases in which the public defender has been 
  5.31  appointed, including as follows: 
  5.32     (1) access to data about witnesses in a criminal case shall 
  5.33  be limited to records of criminal convictions; and 
  5.34     (2) access to data regarding the public defender's own 
  5.35  client which includes, but is not limited to, criminal history 
  5.36  data under section 13.87; juvenile offender data under section 
  6.1   299C.095; warrant information data under section 299C.115; 
  6.2   incarceration data under section 299C.14; conditional release 
  6.3   data under section 299C.147; and diversion program data under 
  6.4   section 299C.46, subdivision 5.  
  6.5   The public defender has access to data under this section 
  6.6   whether accessed via CriMNet or other methods.  The public 
  6.7   defender does not have access to law enforcement active 
  6.8   investigative data under section 13.82, subdivision 7; data 
  6.9   protected under section 13.82, subdivision 17; or confidential 
  6.10  arrest warrant indices data under section 13.82, subdivision 19, 
  6.11  or to data systems maintained by a prosecuting attorney.  The 
  6.12  public defender has access to the data at no charge, except for 
  6.13  the monthly network access charge under section 299C.46, 
  6.14  subdivision 3, paragraph (b), and a reasonable installation 
  6.15  charge for a terminal.  Notwithstanding section 13.87, 
  6.16  subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, 
  6.17  or any other law to the contrary, there shall be no charge to 
  6.18  public defenders for Internet access to the criminal justice 
  6.19  data communications network. 
  6.20     Sec. 5.  Laws 2003, First Special Session chapter 2, 
  6.21  article 1, section 8, is amended to read: 
  6.22  Sec. 8.   BOARD OF PUBLIC
  6.23  DEFENSE                               53,763,000     46,082,000
  6.24                                                       65,643,000
  6.25     Sec. 6.  [REPEALER.] 
  6.26     Minnesota Statutes 2003 Supplement, section 611.18, is 
  6.27  repealed. 
  6.28     Sec. 7.  [EFFECTIVE DATE.] 
  6.29     Sections 1 to 6 are effective July 1, 2004, and apply to 
  6.30  crimes committed on or after that date.