SF 1427

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public defense; authorizing the board to 
  1.3             receive and award grants and to establish a charitable 
  1.4             foundation; amending Minnesota Statutes 2000, section 
  1.5             611.215, subdivision 2.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 611.215, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [POWERS, DUTIES AND RESPONSIBILITIES.] (a) The 
  1.10  board shall approve and recommend to the legislature a budget 
  1.11  for the board, the office of state public defender, the judicial 
  1.12  district public defenders, and the public defense corporations.  
  1.13     (b) The board shall establish procedures for distribution 
  1.14  of state funding under this chapter to the state and district 
  1.15  public defenders and to the public defense corporations. 
  1.16     (c) The state public defender with the approval of the 
  1.17  board shall establish standards for the offices of the state and 
  1.18  district public defenders and for the conduct of all appointed 
  1.19  counsel systems.  The standards must include, but are not 
  1.20  limited to: 
  1.21     (1) standards needed to maintain and operate an office of 
  1.22  public defender including requirements regarding the 
  1.23  qualifications, training, and size of the legal and supporting 
  1.24  staff for a public defender or appointed counsel system; 
  1.25     (2) standards for public defender caseloads; 
  2.1      (3) standards and procedures for the eligibility for 
  2.2   appointment, assessment, and collection of the costs for legal 
  2.3   representation provided by public defenders or appointed 
  2.4   counsel; 
  2.5      (4) standards for contracts between a board of county 
  2.6   commissioners and a county public defender system for the legal 
  2.7   representation of indigent persons; 
  2.8      (5) standards prescribing minimum qualifications of counsel 
  2.9   appointed under the board's authority or by the courts; and 
  2.10     (6) standards ensuring the independent, competent, and 
  2.11  efficient representation of clients whose cases present 
  2.12  conflicts of interest, in both the trial and appellate courts. 
  2.13     (d) The board may require the reporting of statistical 
  2.14  data, budget information, and other cost factors by the state 
  2.15  and district public defenders and appointed counsel systems. 
  2.16     (e) The board may receive and award grants.  The board may 
  2.17  establish a charitable foundation and accept, in trust or 
  2.18  otherwise, any gift, grant, bequest, or devise for educational 
  2.19  purposes and hold, manage, invest, and dispose of the gift or 
  2.20  other item and the proceeds and income of the gift or other item 
  2.21  according to the terms and conditions of the gift, grant, 
  2.22  bequest, or devise and its acceptance.  The board must adopt 
  2.23  internal procedures to administer and monitor aids and grants.