HF 1123

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to financing; public defense system; 
  1.3             increasing the surcharge imposed on criminal and 
  1.4             traffic offenders; requiring applicants for services 
  1.5             of the public defender to pay certain co-payments; 
  1.6             authorizing collection of co-payments through the 
  1.7             Revenue Recapture Act; appropriating money; amending 
  1.8             Minnesota Statutes 2002, sections 270A.03, subdivision 
  1.9             5; 357.021, subdivisions 6, 7; 611.17. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 270A.03, 
  1.12  subdivision 5, is amended to read: 
  1.13     Subd. 5.  [DEBT.] "Debt" means a legal obligation of a 
  1.14  natural person to pay a fixed and certain amount of money, which 
  1.15  equals or exceeds $25 and which is due and payable to a claimant 
  1.16  agency.  The term includes criminal fines imposed under section 
  1.17  609.10 or 609.125 and restitution.  The term also includes the 
  1.18  co-payment for the appointment of a district public defender 
  1.19  imposed under section 611.17, paragraph (c).  A debt may arise 
  1.20  under a contractual or statutory obligation, a court order, or 
  1.21  other legal obligation, but need not have been reduced to 
  1.22  judgment.  
  1.23     A debt includes any legal obligation of a current recipient 
  1.24  of assistance which is based on overpayment of an assistance 
  1.25  grant where that payment is based on a client waiver or an 
  1.26  administrative or judicial finding of an intentional program 
  1.27  violation; or where the debt is owed to a program wherein the 
  2.1   debtor is not a client at the time notification is provided to 
  2.2   initiate recovery under this chapter and the debtor is not a 
  2.3   current recipient of food stamps, transitional child care, or 
  2.4   transitional medical assistance. 
  2.5      A debt does not include any legal obligation to pay a 
  2.6   claimant agency for medical care, including hospitalization if 
  2.7   the income of the debtor at the time when the medical care was 
  2.8   rendered does not exceed the following amount: 
  2.9      (1) for an unmarried debtor, an income of $8,800 or less; 
  2.10     (2) for a debtor with one dependent, an income of $11,270 
  2.11  or less; 
  2.12     (3) for a debtor with two dependents, an income of $13,330 
  2.13  or less; 
  2.14     (4) for a debtor with three dependents, an income of 
  2.15  $15,120 or less; 
  2.16     (5) for a debtor with four dependents, an income of $15,950 
  2.17  or less; and 
  2.18     (6) for a debtor with five or more dependents, an income of 
  2.19  $16,630 or less.  
  2.20     The income amounts in this subdivision shall be adjusted 
  2.21  for inflation for debts incurred in calendar years 2001 and 
  2.22  thereafter.  The dollar amount of each income level that applied 
  2.23  to debts incurred in the prior year shall be increased in the 
  2.24  same manner as provided in section 1(f) of the Internal Revenue 
  2.25  Code of 1986, as amended through December 31, 2000, except that 
  2.26  for the purposes of this subdivision the percentage increase 
  2.27  shall be determined from the year starting September 1, 1999, 
  2.28  and ending August 31, 2000, as the base year for adjusting for 
  2.29  inflation for debts incurred after December 31, 2000. 
  2.30     Debt also includes an agreement to pay a MinnesotaCare 
  2.31  premium, regardless of the dollar amount of the premium 
  2.32  authorized under section 256L.15, subdivision 1a. 
  2.33     Sec. 2.  Minnesota Statutes 2002, section 357.021, 
  2.34  subdivision 6, is amended to read: 
  2.35     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
  2.36  (a) The court shall impose and the court administrator shall 
  3.1   collect a $35 $60 surcharge on every person convicted of any 
  3.2   felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
  3.3   offense, other than a violation of a law or ordinance relating 
  3.4   to vehicle parking, for which there shall be a $3 surcharge.  
  3.5   The surcharge shall be imposed whether or not the person is 
  3.6   sentenced to imprisonment or the sentence is stayed.  
  3.7      (b) If the court fails to impose a surcharge as required by 
  3.8   this subdivision, the court administrator shall show the 
  3.9   imposition of the surcharge, collect the surcharge and correct 
  3.10  the record. 
  3.11     (c) The court may not waive payment of the surcharge 
  3.12  required under this subdivision.  Upon a showing of indigency or 
  3.13  undue hardship upon the convicted person or the convicted 
  3.14  person's immediate family, the sentencing court may authorize 
  3.15  payment of the surcharge in installments. 
  3.16     (d) The court administrator or other entity collecting a 
  3.17  surcharge shall forward it to the state treasurer. 
  3.18     (e) If the convicted person is sentenced to imprisonment 
  3.19  and has not paid the surcharge before the term of imprisonment 
  3.20  begins, the chief executive officer of the correctional facility 
  3.21  in which the convicted person is incarcerated shall collect the 
  3.22  surcharge from any earnings the inmate accrues from work 
  3.23  performed in the facility or while on conditional release.  The 
  3.24  chief executive officer shall forward the amount collected to 
  3.25  the state treasurer. 
  3.26     Sec. 3.  Minnesota Statutes 2002, section 357.021, 
  3.27  subdivision 7, is amended to read: 
  3.28     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
  3.29  (a) Except as provided in paragraphs (b) and (c), the state 
  3.30  treasurer shall disburse surcharges received under subdivision 6 
  3.31  and section 97A.065, subdivision 2, as follows: 
  3.32     (1) one percent shall be credited to the game and fish fund 
  3.33  to provide peace officer training for employees of the 
  3.34  department of natural resources who are licensed under sections 
  3.35  626.84 to 626.863, and who possess peace officer authority for 
  3.36  the purpose of enforcing game and fish laws; 
  4.1      (2) 39 percent shall be credited to the peace officers 
  4.2   training account in the special revenue fund; and 
  4.3      (3) 60 percent shall be credited to the general fund.  
  4.4      (b) The state treasurer shall credit $3 of each surcharge 
  4.5   received under subdivision 6 and section 97A.065, subdivision 2, 
  4.6   to a criminal justice special projects account in the special 
  4.7   revenue fund.  This account is available for appropriation to 
  4.8   the commissioner of public safety for grants to law enforcement 
  4.9   agencies and for other purposes authorized by the legislature. 
  4.10     (c) In addition to any amounts credited under paragraph 
  4.11  (a), the state treasurer shall credit $7 $32 of each surcharge 
  4.12  received under subdivision 6 and section 97A.065, subdivision 2, 
  4.13  and the $3 parking surcharge, to the general fund. 
  4.14     Sec. 4.  Minnesota Statutes 2002, section 611.17, is 
  4.15  amended to read: 
  4.16     611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 
  4.17     (a) Each judicial district must screen requests under 
  4.18  paragraph (b).  
  4.19     (b) Upon a request for the appointment of counsel, the 
  4.20  court shall make appropriate inquiry into the financial 
  4.21  circumstances of the applicant, who shall submit a financial 
  4.22  statement under oath or affirmation setting forth the 
  4.23  applicant's assets and liabilities, including the value of any 
  4.24  real property owned by the applicant, whether homestead or 
  4.25  otherwise, less the amount of any encumbrances on the real 
  4.26  property, the source or sources of income, and any other 
  4.27  information required by the court.  The applicant shall be under 
  4.28  a continuing duty while represented by a public defender to 
  4.29  disclose any changes in the applicant's financial circumstances 
  4.30  that might be relevant to the applicant's eligibility for a 
  4.31  public defender.  The state public defender shall furnish 
  4.32  appropriate forms for the financial statements.  The forms must 
  4.33  contain conspicuous notice of the applicant's continuing duty to 
  4.34  disclose to the court changes in the applicant's financial 
  4.35  circumstances.  The forms must also contain conspicuous notice 
  4.36  of the applicant's obligation to make a co-payment for the 
  5.1   services of the district public defender, as specified under 
  5.2   paragraph (c).  The information contained in the statement shall 
  5.3   be confidential and for the exclusive use of the court and the 
  5.4   public defender appointed by the court to represent the 
  5.5   applicant except for any prosecution under section 609.48.  A 
  5.6   refusal to execute the financial statement or produce financial 
  5.7   records constitutes a waiver of the right to the appointment of 
  5.8   a public defender.  The court shall not appoint a district 
  5.9   public defender to a defendant who is financially able to retain 
  5.10  private counsel but refuses to do so. 
  5.11     (c) Upon disposition of the case, an individual who has 
  5.12  received public defender services shall pay to the court a $28 
  5.13  co-payment for representation provided by a public defender, 
  5.14  unless the co-payment is, or has been, waived by the court.  The 
  5.15  co-payment shall be according to the following schedule: 
  5.16     (1) if the person was charged with a felony, $200; 
  5.17     (2) if the person was charged with a gross misdemeanor, 
  5.18  $100; or 
  5.19     (3) if the person was charged with a misdemeanor, $50. 
  5.20     If the person is a child and was appointed counsel under 
  5.21  the provisions of section 260B.163, subdivision 4, the parents 
  5.22  of the child shall pay to the court a co-payment of $100.  If 
  5.23  the person is a parent of a child and the parent was appointed 
  5.24  counsel under the provisions of section 260C.163, subdivision 3, 
  5.25  the parent shall pay to the court a co-payment of $200. 
  5.26     The co-payment shall be deposited in the state general 
  5.27  fund.  If a term of probation is imposed as a part of an 
  5.28  offender's sentence, the co-payment required by this section 
  5.29  must not be made a condition of probation.  The co-payment 
  5.30  required by this section is a civil obligation and must not be 
  5.31  made a condition of a criminal sentence.  Collection of the 
  5.32  co-payment may be made through the provisions of chapter 270A, 
  5.33  the Revenue Recapture Act. 
  5.34     Sec. 5.  [APPROPRIATION.] 
  5.35     $....... is appropriated from the general fund to the board 
  5.36  of public defense for the financing of the public defense 
  6.1   system.  The appropriation is available for the biennium ending 
  6.2   June 30, 2005.