Bill Text: MN HF2059 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public defender representation, appointment, and reimbursement obligation provisions amended; and financial responsibility outlined for public defender cost, cost for counsel in CHIPS cases, pretrial appeals costs, and standby counsel costs.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-03-26 - Committee report, to pass as amended and re-refer to Ways and Means [HF2059 Detail]
Download: Minnesota-2011-HF2059-Introduced.html
Bill Title: Public defender representation, appointment, and reimbursement obligation provisions amended; and financial responsibility outlined for public defender cost, cost for counsel in CHIPS cases, pretrial appeals costs, and standby counsel costs.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-03-26 - Committee report, to pass as amended and re-refer to Ways and Means [HF2059 Detail]
Download: Minnesota-2011-HF2059-Introduced.html
1.2relating to public defenders; amending provisions related to public defender
1.3representation, appointment, and reimbursement obligations; outlining financial
1.4responsibility for public defender costs, cost for counsel in CHIPS cases,
1.5pretrial appeals costs, and standby counsel costs; establishing an appellate
1.6process working group;amending Minnesota Statutes 2010, sections 244.052,
1.7subdivision 6; 244.11, subdivision 1; 257.69, subdivision 1; 260B.163,
1.8subdivision 4; 260B.331, subdivision 5; 260C.163, subdivision 3; 260C.331,
1.9subdivision 5; 609.115, subdivision 4; 609.131, subdivision 1; 611.14; 611.16;
1.10611.17; 611.18; 611.20, subdivision 4; 611.215, subdivision 2; 611.26,
1.11subdivision 6; 611.27, subdivision 5, by adding a subdivision; repealing
1.12Minnesota Statutes 2010, sections 611.20, subdivision 6; 611.27, subdivision 15.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 6, is amended to read:
1.15 Subd. 6. Administrative review. (a) An offender assigned or reassigned to
1.16risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek
1.17administrative review of an end-of-confinement review committee's risk assessment
1.18determination. The offender must exercise this right within 14 days of receiving notice
1.19of the committee's decision by notifying the chair of the committee. Upon receiving the
1.20request for administrative review, the chair shall notify: (1) the offender; (2) the victim
1.21or victims of the offender's offense who have requested disclosure or their designee; (3)
1.22the law enforcement agency that investigated the offender's crime of conviction or, where
1.23relevant, the law enforcement agency having primary jurisdiction where the offender was
1.24committed; (4) the law enforcement agency having jurisdiction where the offender expects
1.25to reside, providing that the release plan has been approved by the hearings and release
1.26unit of the department of corrections; and (5) any other individuals the chair may select.
1.27The notice shall state the time and place of the hearing. A request for a review hearing
2.1shall not interfere with or delay the notification process under subdivision 4 or 5, unless
2.2the administrative law judge orders otherwise for good cause shown.
2.3(b) An offender who requests a review hearing must be given a reasonable
2.4opportunity to prepare for the hearing. The review hearing shall be conducted on the
2.5record before an administrative law judge. The review hearing shall be conducted at
2.6the correctional facility in which the offender is currently confined. If the offender no
2.7longer is incarcerated, the administrative law judge shall determine the place where the
2.8review hearing will be conducted. The offender has the burden of proof to show, by a
2.9preponderance of the evidence, that the end-of-confinement review committee's risk
2.10assessment determination was erroneous. The attorney general or a designee shall defend
2.11the end-of-confinement review committee's determination. The offender has the right to
2.12be presentand be represented by counsel at the hearing, to present evidence in support
2.13of the offender's position, to call supporting witnesses and to cross-examine witnesses
2.14testifying in support of the committee's determination.Counsel for indigent offenders
2.15shall be provided by the Legal Advocacy Project of the state public defender's office.
2.16(c) After the hearing is concluded, the administrative law judge shall decide
2.17whether the end-of-confinement review committee's risk assessment determination
2.18was erroneous and, based on this decision, shall either uphold or modify the review
2.19committee's determination. The judge's decision shall be in writing and shall include
2.20the judge's reasons for the decision. The judge's decision shall be final and a copy of it
2.21shall be given to the offender, the victim, the law enforcement agency, and the chair of
2.22the end-of-confinement review committee.
2.23(d) The review hearing is subject to the contested case provisions of chapter 14.
2.24(e) The administrative law judge may seal any portion of the record of the
2.25administrative review hearing to the extent necessary to protect the identity of a victim of
2.26or witness to the offender's offense.
2.27EFFECTIVE DATE.This section is effective July 1, 2012, and applies to review
2.28hearings requested on or after that date.
2.29 Sec. 2. Minnesota Statutes 2010, section 244.11, subdivision 1, is amended to read:
2.30 Subdivision 1. Generally. An appeal to the Court of Appeals may be taken by the
2.31defendant or the state from any sentence imposed or stayed by the district court according
2.32to the Rules of Criminal Procedure for the district court of Minnesota, except for any felony
2.33committed on or after August 1, 2012, the appellate court shall not review any sentence
2.34that is within the presumptive sentencing range under the Sentencing Guidelines. Except
3.1as otherwise provided in subdivision 3, a dismissal or a resolution of an appeal brought
3.2under this section shall not prejudice an appeal brought under any other section or rule.
3.3 Sec. 3. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
3.4 Subdivision 1. Representation by counsel. In all proceedings under sections
3.5257.51
to
257.74 , any party may be represented by counsel. The county attorney shall
3.6represent the public authority. The court shall appoint counsel for a party who is unable to
3.7pay timely for counsel in proceedings under sections257.51 to
257.74 . The representation
3.8of appointed counsel is limited in scope to the issue of establishment of parentage.
3.9 Sec. 4. Minnesota Statutes 2010, section 260B.163, subdivision 4, is amended to read:
3.10 Subd. 4. Appointment of counsel. (a) The child, parent, guardian or custodian has
3.11the right to effective assistance of counsel in connection with a proceeding in juvenile
3.12court. This right does not apply to a child who is charged with a juvenile petty offense
3.13as defined in section260B.007, subdivision 16 , unless the child is charged with a third
3.14or subsequent juvenile alcohol or controlled substance offense and may be subject to the
3.15alternative disposition described in section260B.235, subdivision 6 .
3.16(b) The court shall appoint counsel, or standby counsel if the child waives the right
3.17to counsel, for a child who is:
3.18(1) charged by delinquency petition with a gross misdemeanor or felony offense; or
3.19(2) the subject of a delinquency proceeding in which out-of-home placement has
3.20been proposed.
3.21(c) If they desire counsel but are unable to employ it, the court shall appoint counsel
3.22to represent the child or the parents or guardian in any case in which it feels that such an
3.23appointment is appropriate, except a juvenile petty offender who does not have the right to
3.24counsel under paragraph (a). If the court appoints standby counsel, the cost of counsel
3.25shall be paid for by the Office of the State Court Administrator or, if the prosecutor
3.26requests the appointment, by the governmental unit conducting the prosecution. In no
3.27event may the court order the Board of Public Defense to pay the cost of standby counsel.
3.28(d) Counsel for the child shall not also act as the child's guardian ad litem.
3.29 Sec. 5. Minnesota Statutes 2010, section 260B.331, subdivision 5, is amended to read:
3.30 Subd. 5. Attorneys fees. In proceedings in which the court has appointed counsel
3.31pursuant to section260B.163, subdivision 4 , for a minor unable to employ counsel, the
3.32court may inquire into the ability of the parents to pay for such counsel's services and,
3.33after giving the parents a reasonable opportunity to be heard, may order the parents to
4.1pay attorneys fees or reimburse the state for expenses incurred. The court may order
4.2full or partial payment or reimbursement.
4.3 Sec. 6. Minnesota Statutes 2010, section 260C.163, subdivision 3, is amended to read:
4.4 Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has
4.5the right to effective assistance of counsel in connection with a proceeding in juvenile
4.6court as provided in this subdivision.
4.7(b) Except in proceedings where the sole basis for the petition is habitual truancy,
4.8if the child, parent, guardian, or custodian desires counsel but is unable to employ it or
4.9the child is ten years of age or older with counsel appointed under sections 260B.163,
4.10subdivision 4, and 611.14, the court shall appoint, at public expense, counsel to represent
4.11the childwho is ten years of age or older or the parents or guardian in any case in
4.12which it feels that such an appointment is appropriate, parent, guardian, or custodian if
4.13the person would be financially unable to obtain counsel under the guidelines set forth
4.14in section 611.17.
4.15(c) In any proceeding where the sole basis for the petition is habitual truancy, the
4.16child, parent, guardian, and custodian do not have the right to appointment ofa public
4.17defender or other counsel at public expense. However, before any out-of-home placement,
4.18including foster care or inpatient treatment, can be ordered, the court must appointa
4.19public defender or other counsel at public expense in accordance with paragraph (b)
4.20this subdivision.
4.21(d) Counsel for the child shall not also act as the child's guardian ad litem.
4.22(e) In any proceeding where the subject of a petition for a child in need of
4.23protection or services is not represented by an attorney, the court shall determine the
4.24child's preferences regarding the proceedings, if the child is of suitable age to express
4.25a preference.
4.26(f) Court-appointed counsel under this subdivision is at county expense. The court
4.27shall appoint only one counsel at public expense to jointly represent the interests of the
4.28child, parent, guardian, and custodian subject to the jurisdiction of the court unless,
4.29upon petition of a party, the court determines and makes written findings on the record
4.30that extraordinary circumstances exist that require counsel to be appointed to represent
4.31a separate interest of the child, or other parents, guardians, or custodians subject to the
4.32jurisdiction of the juvenile court. The court shall appoint counsel retained by the county
4.33to provide representation in juvenile court proceedings unless the court finds there is
4.34a conflict of interest. Upon a finding of conflict of interest, the county shall contract
4.35with competent counsel to provide the necessary representation. The county board must
5.1consult with the chief judge of the judicial district or the judge's designee before retaining
5.2counsel under this paragraph.
5.3(g) Counsel retained by the county under paragraph (f) must meet at least one of
5.4the following qualifications: (1) has a minimum of two years' experience handling child
5.5protection cases; (2) has a minimum of ten hours' training in handling child protection
5.6cases from a course or courses certified by the Supreme Court; or (3) is supervised by an
5.7attorney who meets the minimum qualifications under clause (1) or (2).
5.8 Sec. 7. Minnesota Statutes 2010, section 260C.331, subdivision 5, is amended to read:
5.9 Subd. 5. Attorneys fees. In proceedings in which the court has appointed counsel
5.10pursuant to section260C.163, subdivision 3 , for a minor unable to employ counsel, the
5.11court may inquire into the ability of the parents to pay for such counsel's services and,
5.12after giving the parents a reasonable opportunity to be heard, may order the parents to
5.13pay attorneys fees or reimburse the county for expenses incurred. The court may order
5.14full or partial payment or reimbursement.
5.15 Sec. 8. Minnesota Statutes 2010, section 609.115, subdivision 4, is amended to read:
5.16 Subd. 4. Confidential sources of information. (a) Any report made pursuant to
5.17subdivision 1 shall be, if written, provided to counsel for all parties before sentence.
5.18The written report shall not disclose confidential sources of information unless the
5.19court otherwise directs. On the request of the prosecuting attorney or the defendant's
5.20attorney a summary hearing in chambers shall be held on any matter brought in issue,
5.21but confidential sources of information shall not be disclosed unless the court otherwise
5.22directs. If the presentence report is given orally the defendant or the defendant's attorney
5.23shall be permitted to hear the report.
5.24(b) Any report made under subdivision 1 or 2 shall be provided to counsel for
5.25the defendant for purposes of representing the defendant on any appeal or petition for
5.26postconviction relief. The reports shall be provided by the court and the commissioner of
5.27corrections at no cost to the defendant or the defendant's attorney.
5.28 Sec. 9. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
5.29 Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
5.30misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
5.31believes that it is in the interest of justice that the defendant not be imprisoned if convicted
5.32and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
5.33and the court approves of the certification motion. Prior to the appointment of a public
6.1defender to represent a defendant charged with a misdemeanor, the court shall inquire of
6.2the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
6.3The defendant's consent to the certification is not required. When an offense is certified
6.4as a petty misdemeanor under this section, thedefendant's eligibility for court-appointed
6.5counsel must be evaluated as though the offense were a misdemeanor defendant is not
6.6eligible for the appointment of a public defender.
6.7 Sec. 10. Minnesota Statutes 2010, section 611.14, is amended to read:
6.8611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
6.9 The following persons who are financially unable to obtain counsel are entitled to be
6.10represented by a public defender:
6.11 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
6.12person charged under sections629.01 to
629.29 ;
6.13 (2) a person appealing from a conviction of a felonyor, gross misdemeanor, or
6.14misdemeanor, or a person convicted of a felonyor, gross misdemeanor, or misdemeanor,
6.15who is pursuing a postconviction proceeding and who has not already had a direct appeal
6.16of the conviction;
6.17 (3) a person who is entitled to be represented by counsel under section609.14,
6.18subdivision 2 ; or
6.19 (4) a minor ten years of age or older who is entitled to be represented by counsel
6.20under section260B.163, subdivision 4 , or
260C.163, subdivision 3
6.21 Sec. 11. Minnesota Statutes 2010, section 611.16, is amended to read:
6.22611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
6.23Any person described in section611.14 or any other person entitled by law to
6.24representation by counsel, may at any time request the court in which the matter is pending,
6.25or the court in which the conviction occurred, to appoint a public defender to represent
6.26the person.In a proceeding defined by clause (2) of section
611.14, application for the
6.27appointment of a public defender may also be made to a judge of the Supreme Court.
6.28 Sec. 12. Minnesota Statutes 2010, section 611.17, is amended to read:
6.29611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
6.30STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
6.31 (a) Each judicial district must screen requests for representation by the district public
6.32defender. A defendant is financially unable to obtain counsel if:
7.1 (1) the defendant, or any dependent of the defendant who resides in the same
7.2household as the defendant, receives means-tested governmental benefits; or is charged
7.3with a misdemeanor and has an annual household income not greater than 125 percent of
7.4the poverty guidelines updated periodically in the Federal Register by the United States
7.5Department of Health and Human Services under the authority of United States Code,
7.6title 42, section 9902(2);
7.7(2) the defendant is charged with a gross misdemeanor and has an annual household
7.8income not greater than 150 percent of the poverty guidelines updated periodically in the
7.9Federal Register by the United States Department of Health and Human Services under
7.10the authority of United States Code, title 42, section 9902(2);
7.11(3) the defendant is charged with a felony and has an annual household income not
7.12greater than 175 percent of the poverty guidelines updated periodically in the Federal
7.13Register by the United States Department of Health and Human Services under the
7.14authority of United States Code, title 42, section 9902(2); or
7.15(2) (4) the court determines that the defendant, through any combination of liquid
7.16assets and current income, would be unable to pay the reasonable costs charged by private
7.17counsel in that judicial district for a defense of the same matter.
7.18 (b) Upon a request for the appointment of counsel, the court shall make an
7.19appropriateinquiry into the determination of financial circumstances eligibility under
7.20paragraph (a) of the applicant, who shall submit a financial statement under oath or
7.21affirmation setting forth the applicant's assets and liabilities, including the value of any
7.22real property owned by the applicant, whether homestead or otherwise, less the amount of
7.23any encumbrances on the real property, the source or sources of income, and any other
7.24information required by the court. The applicant shall be under a continuing duty while
7.25represented by a public defender to disclose any changes in the applicant's financial
7.26circumstancesthat might be relevant to the applicant's eligibility for a public defender.
7.27The state public defender shall furnish appropriate forms for the financial statements,
7.28which must be used by the district courts throughout the state. The forms must contain
7.29conspicuous notice of the applicant's continuing duty to disclose to the court changes in the
7.30applicant's financial circumstances. The forms must also contain conspicuous notice of the
7.31applicant's obligation to make a co-payment for the services of the district public defender,
7.32as specified under paragraph (c). The information contained in the statement shall be
7.33confidential and for the exclusive use of the court and the public defenderappointed by
7.34the court to represent the applicant except for any prosecution under section
609.48 . A
7.35refusal to execute the financial statement or produce financial records constitutes a waiver
7.36of the right to the appointment of a public defender. The court shall not appoint adistrict
8.1public defender to a defendant who is financially able to retain private counsel but refuses
8.2to do so, refuses to execute the financial statement or refuses to provide information
8.3necessary to determine financial eligibility under this section, or waives the appointment
8.4of a public defender under section 611.19.
8.5 An inquiry to determine financial eligibility of a defendant for the appointment of
8.6the district public defender shall be made whenever possible prior to the court appearance
8.7and by such persons as the court may direct. This inquiry may be combined with the
8.8prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
8.9subdivision 3. In no case shall the district public defender be required to perform this
8.10inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
8.11conduct a financial inquiry. The inquiry must include the following:
8.12 (1) the liquidity of real estate assets, including the defendant's homestead;
8.13 (2) any assets that can be readily converted to cash or used to secure a debt;
8.14 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
8.15conveyance; and
8.16 (4) the value of all property transfers occurring on or after the date of the alleged
8.17offense. The burden is on the accused to show that the accused is financially unable
8.18to afford counsel. Defendants who fail to provide information necessary to determine
8.19eligibility shall be deemed ineligible. The court must not appoint the district public
8.20defender as advisory counsel or standby counsel. If the court appoints advisory or standby
8.21counsel, the cost of counsel shall be paid for by the Office of the State Court Administrator
8.22or, if the prosecutor requests the appointment, by the governmental unit conducting the
8.23prosecution. In no event may the court order the Board of Public Defense to pay the cost
8.24of advisory or standby counsel.
8.25 (c) Upon disposition of the case, an individual who has received public defender
8.26services shall pay to the court a $75 co-payment for representation provided by a public
8.27defender, unless the co-payment is, or has been, reduced in part or waived by the court.
8.28 The co-payment must be credited to the general fund. If a term of probation is
8.29imposed as a part of an offender's sentence, the co-payment required by this section must
8.30not be made a condition of probation. The co-payment required by this section is a civil
8.31obligation and must not be made a condition of a criminal sentence.
8.32 Sec. 13. Minnesota Statutes 2010, section 611.18, is amended to read:
8.33611.18 APPOINTMENT OF PUBLIC DEFENDER.
8.34If it appears to a court that a person requesting the appointment of counsel satisfies
8.35the requirements of this chapter, the court shall order theappropriate public defender to
9.1represent the personat all further stages of the proceeding through appeal, if any. For a
9.2person appealing from a conviction, or a person pursuing a postconviction proceeding
9.3and who has not already had a direct appeal of the conviction, according to the standards
9.4of sections611.14 , clause (2), and
611.25, subdivision 1 , paragraph (a), clause (2), the
9.5state chief appellate public defender shall be appointed. For a person covered by section
9.6611.14
, clause (1), (3), or (4), a the chief district public defender shall be appointed to
9.7represent that person.If (a) conflicting interests exist, (b) the district public defender for
9.8any other reason is unable to act, or (c) the interests of justice require, the state public
9.9defender may be ordered to represent a person. When the state public defender is directed
9.10by a court to represent a defendant or other person, the state public defender may assign
9.11the representation to any district public defender. If at any stage of the proceedings,
9.12including an appeal, the court finds that the defendant is financially unable to pay counsel
9.13whom the defendant had retained, the court may appoint theappropriate public defender
9.14to represent the defendant, as provided in this section. Prior to any court appearance, a
9.15public defender may represent a person accused of violating the law, who appears to be
9.16financially unable to obtain counsel, and shall continue to represent the person unless it
9.17is subsequently determined that the person is financially able to obtain counsel. The
9.18representation may be made available at the discretion of the public defender, upon the
9.19request of the person or someone on the person's behalf. Any law enforcement officer may
9.20notify the public defender of the arrest of any such person.
9.21 Sec. 14. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
9.22 Subd. 4. Employed defendants; ability to pay. (a) A court shall order a defendant
9.23who is employed when a public defender is appointed, or who becomes employed while
9.24represented by a public defender, or who is or becomes able to make partial payments
9.25for counsel, to reimburse the state for the cost of the public defender. If reimbursement
9.26is required under this subdivision, the court shall order the reimbursement when a
9.27public defender is first appointed or as soon as possible after the court determines that
9.28reimbursement is required. The court may accept partial reimbursement from the
9.29defendant if the defendant's financial circumstances warrant a reduced reimbursement
9.30schedule.The court may consider the guidelines in subdivision 6 in determining a
9.31defendant's reimbursement schedule. If a defendant does not agree to make payments,
9.32the court may order the defendant's employer to withhold a percentage of the defendant's
9.33income to be turned over to the court.The percentage to be withheld may be determined
9.34under subdivision 6 In determining the percentage to be withheld, the court shall consider
10.1the income and assets of the defendant based on the financial statement provided by the
10.2defendant when applying for the public defender under section 611.17.
10.3(b) If a court determines under section 611.17 that a defendant is financially unable to
10.4pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
10.5the court shall evaluate the defendant's ability to make partial payments or reimbursement.
10.6 Sec. 15. Minnesota Statutes 2010, section 611.215, subdivision 2, is amended to read:
10.7 Subd. 2. Duties and responsibilities. (a) The board shall approve and recommend
10.8to the legislature a budget for the board, the office of state public defender, the judicial
10.9district public defenders, and the public defense corporations.
10.10(b) The board shall establish procedures for distribution of state funding under this
10.11chapter to the state and district public defenders and to the public defense corporations.
10.12(c) The state public defender with the approval of the board shall establish standards
10.13for the offices of the state and district public defenders and for the conduct of all appointed
10.14counsel systems. The standards must include, but are not limited to:
10.15(1) standards needed to maintain and operate an office of public defender including
10.16requirements regarding the qualifications, training, and size of the legal and supporting
10.17staff for a public defender or appointed counsel system;
10.18(2) standards for public defender caseloads;
10.19(3) standards and procedures for the eligibility for appointment, assessment, and
10.20collection of the costs for legal representation provided by public defenders or appointed
10.21counsel;
10.22(4) standards for contracts between a board of county commissioners and a county
10.23public defender system for the legal representation of indigent persons;
10.24(5) standards prescribing minimum qualifications of counsel appointed under the
10.25board's authority or by the courts; and
10.26(6) standards ensuring the independent, competent, and efficient representation of
10.27clients whose cases present conflicts of interest, in both the trial and appellate courts.
10.28(d) The board may require the reporting of statistical data, budget information, and
10.29other cost factors by the state and district public defenders and appointed counsel systems.
10.30(e) The board shall establish a reasonable reimbursement rate for attorney fees
10.31and costs associated with the representation of public defender clients for appeals by
10.32a prosecuting attorney of a pretrial order from a district court under section 611.27,
10.33subdivision 16.
10.34 Sec. 16. Minnesota Statutes 2010, section 611.26, subdivision 6, is amended to read:
11.1 Subd. 6. Persons defended. The district public defender shall represent, without
11.2charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when so
11.3directed by the district court. The district public defender shall also represent a minor ten
11.4years of age or older in the juvenile court when so directed by the juvenile court under
11.5section 260B.163, subdivision 4. The district public defender must not serve as advisory
11.6counsel or standby counsel. The juvenile court may not order the district public defender
11.7to represent a minor who is under the age of ten years, to serve as a guardian ad litem, or
11.8to represent a guardian ad litem.
11.9 Sec. 17. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
11.10 Subd. 5. District public defender budgets and county payment responsibility.
11.11The Board of Public Defensemay only fund those items and services in district
11.12public defender budgets which were included in the original budgets of district public
11.13defender offices as of January 1, 1990. All other public defense related costs remain the
11.14responsibility of the counties unless the state specifically appropriates for these. The
11.15cost of additional state funding of these items and services must be offset by reductions
11.16in local aids in the same manner as the original state takeover is solely responsible to
11.17provide counsel in adult criminal and juvenile delinquency cases, as specified under
11.18section 611.14. The court shall not appoint counsel at county expense for representation
11.19under section 611.14, except as provided in section 611.26, subdivision 3a, paragraph (c).
11.20 Sec. 18. Minnesota Statutes 2010, section 611.27, is amended by adding a subdivision
11.21to read:
11.22 Subd. 16. Appeal by prosecuting attorney; attorney fees. When a prosecuting
11.23attorney appeals to the Court of Appeals, in any criminal case, from any pretrial order
11.24of the district court, reasonable attorney fees and costs incurred shall be allowed to the
11.25defendant on the appeal which shall be paid by the governmental unit responsible for the
11.26prosecution involved. If the defendant is represented by a public defender in district court,
11.27the fees and costs for an attorney who is hired for purposes of representing the defendant
11.28in an appeal by the prosecuting attorney of a pretrial order shall be paid in accordance
11.29with the reimbursement rate established by the board of public defense under section
11.30611.215, subdivision 2, paragraph (e).
11.31 Sec. 19. APPELLATE PROCESS WORKING GROUP.
11.32The state public defender is requested to convene a working group to study and make
11.33policy recommendations for improving the appellate process, including evaluating types of
12.1cases appropriate for discretionary or mandatory appellate review and identifying possible
12.2cost efficiencies in the appellate process. The state public defender is requested to serve
12.3as chair and invite the following organizations to designate three representatives each to
12.4serve on the working group: (1) the Board of Public Defense; (2) the Minnesota County
12.5Attorneys' Association; (3) the attorney general's office; (4) the Minnesota Association
12.6of Criminal Defense Lawyers; (5) the Minnesota Association of City Attorneys; and (6)
12.7the Minnesota Association of Verbatim Reporters and Captioners. The working group is
12.8requested to submit its report and recommendations to the chairs and ranking minority
12.9members of the house of representatives and senate committees with jurisdiction over
12.10the judiciary by January 15, 2013.
12.11 Sec. 20. REPEALER.
12.12Minnesota Statutes 2010, sections 611.20, subdivision 6; and 611.27, subdivision
12.1315, are repealed.
1.3representation, appointment, and reimbursement obligations; outlining financial
1.4responsibility for public defender costs, cost for counsel in CHIPS cases,
1.5pretrial appeals costs, and standby counsel costs; establishing an appellate
1.6process working group;amending Minnesota Statutes 2010, sections 244.052,
1.7subdivision 6; 244.11, subdivision 1; 257.69, subdivision 1; 260B.163,
1.8subdivision 4; 260B.331, subdivision 5; 260C.163, subdivision 3; 260C.331,
1.9subdivision 5; 609.115, subdivision 4; 609.131, subdivision 1; 611.14; 611.16;
1.10611.17; 611.18; 611.20, subdivision 4; 611.215, subdivision 2; 611.26,
1.11subdivision 6; 611.27, subdivision 5, by adding a subdivision; repealing
1.12Minnesota Statutes 2010, sections 611.20, subdivision 6; 611.27, subdivision 15.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2010, section 244.052, subdivision 6, is amended to read:
1.15 Subd. 6. Administrative review. (a) An offender assigned or reassigned to
1.16risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek
1.17administrative review of an end-of-confinement review committee's risk assessment
1.18determination. The offender must exercise this right within 14 days of receiving notice
1.19of the committee's decision by notifying the chair of the committee. Upon receiving the
1.20request for administrative review, the chair shall notify: (1) the offender; (2) the victim
1.21or victims of the offender's offense who have requested disclosure or their designee; (3)
1.22the law enforcement agency that investigated the offender's crime of conviction or, where
1.23relevant, the law enforcement agency having primary jurisdiction where the offender was
1.24committed; (4) the law enforcement agency having jurisdiction where the offender expects
1.25to reside, providing that the release plan has been approved by the hearings and release
1.26unit of the department of corrections; and (5) any other individuals the chair may select.
1.27The notice shall state the time and place of the hearing. A request for a review hearing
2.1shall not interfere with or delay the notification process under subdivision 4 or 5, unless
2.2the administrative law judge orders otherwise for good cause shown.
2.3(b) An offender who requests a review hearing must be given a reasonable
2.4opportunity to prepare for the hearing. The review hearing shall be conducted on the
2.5record before an administrative law judge. The review hearing shall be conducted at
2.6the correctional facility in which the offender is currently confined. If the offender no
2.7longer is incarcerated, the administrative law judge shall determine the place where the
2.8review hearing will be conducted. The offender has the burden of proof to show, by a
2.9preponderance of the evidence, that the end-of-confinement review committee's risk
2.10assessment determination was erroneous. The attorney general or a designee shall defend
2.11the end-of-confinement review committee's determination. The offender has the right to
2.12be present
2.13of the offender's position, to call supporting witnesses and to cross-examine witnesses
2.14testifying in support of the committee's determination.
2.15
2.16(c) After the hearing is concluded, the administrative law judge shall decide
2.17whether the end-of-confinement review committee's risk assessment determination
2.18was erroneous and, based on this decision, shall either uphold or modify the review
2.19committee's determination. The judge's decision shall be in writing and shall include
2.20the judge's reasons for the decision. The judge's decision shall be final and a copy of it
2.21shall be given to the offender, the victim, the law enforcement agency, and the chair of
2.22the end-of-confinement review committee.
2.23(d) The review hearing is subject to the contested case provisions of chapter 14.
2.24(e) The administrative law judge may seal any portion of the record of the
2.25administrative review hearing to the extent necessary to protect the identity of a victim of
2.26or witness to the offender's offense.
2.27EFFECTIVE DATE.This section is effective July 1, 2012, and applies to review
2.28hearings requested on or after that date.
2.29 Sec. 2. Minnesota Statutes 2010, section 244.11, subdivision 1, is amended to read:
2.30 Subdivision 1. Generally. An appeal to the Court of Appeals may be taken by the
2.31defendant or the state from any sentence imposed or stayed by the district court according
2.32to the Rules of Criminal Procedure for the district court of Minnesota, except for any felony
2.33committed on or after August 1, 2012, the appellate court shall not review any sentence
2.34that is within the presumptive sentencing range under the Sentencing Guidelines. Except
3.1as otherwise provided in subdivision 3, a dismissal or a resolution of an appeal brought
3.2under this section shall not prejudice an appeal brought under any other section or rule.
3.3 Sec. 3. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
3.4 Subdivision 1. Representation by counsel. In all proceedings under sections
3.6represent the public authority. The court shall appoint counsel for a party who is unable to
3.7pay timely for counsel in proceedings under sections
3.8of appointed counsel is limited in scope to the issue of establishment of parentage.
3.9 Sec. 4. Minnesota Statutes 2010, section 260B.163, subdivision 4, is amended to read:
3.10 Subd. 4. Appointment of counsel. (a) The child, parent, guardian or custodian has
3.11the right to effective assistance of counsel in connection with a proceeding in juvenile
3.12court. This right does not apply to a child who is charged with a juvenile petty offense
3.13as defined in section
3.14or subsequent juvenile alcohol or controlled substance offense and may be subject to the
3.15alternative disposition described in section
3.16(b) The court shall appoint counsel, or standby counsel if the child waives the right
3.17to counsel, for a child who is:
3.18(1) charged by delinquency petition with a gross misdemeanor or felony offense; or
3.19(2) the subject of a delinquency proceeding in which out-of-home placement has
3.20been proposed.
3.21(c) If they desire counsel but are unable to employ it, the court shall appoint counsel
3.22to represent the child or the parents or guardian in any case in which it feels that such an
3.23appointment is appropriate, except a juvenile petty offender who does not have the right to
3.24counsel under paragraph (a). If the court appoints standby counsel, the cost of counsel
3.25shall be paid for by the Office of the State Court Administrator or, if the prosecutor
3.26requests the appointment, by the governmental unit conducting the prosecution. In no
3.27event may the court order the Board of Public Defense to pay the cost of standby counsel.
3.28(d) Counsel for the child shall not also act as the child's guardian ad litem.
3.29 Sec. 5. Minnesota Statutes 2010, section 260B.331, subdivision 5, is amended to read:
3.30 Subd. 5. Attorneys fees. In proceedings in which the court has appointed counsel
3.31pursuant to section
3.32court may inquire into the ability of the parents to pay for such counsel's services and,
3.33after giving the parents a reasonable opportunity to be heard, may order the parents to
4.1pay attorneys fees or reimburse the state for expenses incurred. The court may order
4.2full or partial payment or reimbursement.
4.3 Sec. 6. Minnesota Statutes 2010, section 260C.163, subdivision 3, is amended to read:
4.4 Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has
4.5the right to effective assistance of counsel in connection with a proceeding in juvenile
4.6court as provided in this subdivision.
4.7(b) Except in proceedings where the sole basis for the petition is habitual truancy
4.8
4.9the child is ten years of age or older with counsel appointed under sections 260B.163,
4.10subdivision 4, and 611.14, the court shall appoint, at public expense, counsel to represent
4.11the child
4.12
4.13the person would be financially unable to obtain counsel under the guidelines set forth
4.14in section 611.17.
4.15(c) In any proceeding where the sole basis for the petition is habitual truancy, the
4.16child, parent, guardian, and custodian do not have the right to appointment of
4.17
4.18including foster care or inpatient treatment, can be ordered, the court must appoint
4.19
4.20this subdivision.
4.21(d) Counsel for the child shall not also act as the child's guardian ad litem.
4.22(e) In any proceeding where the subject of a petition for a child in need of
4.23protection or services is not represented by an attorney, the court shall determine the
4.24child's preferences regarding the proceedings, if the child is of suitable age to express
4.25a preference.
4.26(f) Court-appointed counsel under this subdivision is at county expense. The court
4.27shall appoint only one counsel at public expense to jointly represent the interests of the
4.28child, parent, guardian, and custodian subject to the jurisdiction of the court unless,
4.29upon petition of a party, the court determines and makes written findings on the record
4.30that extraordinary circumstances exist that require counsel to be appointed to represent
4.31a separate interest of the child, or other parents, guardians, or custodians subject to the
4.32jurisdiction of the juvenile court. The court shall appoint counsel retained by the county
4.33to provide representation in juvenile court proceedings unless the court finds there is
4.34a conflict of interest. Upon a finding of conflict of interest, the county shall contract
4.35with competent counsel to provide the necessary representation. The county board must
5.1consult with the chief judge of the judicial district or the judge's designee before retaining
5.2counsel under this paragraph.
5.3(g) Counsel retained by the county under paragraph (f) must meet at least one of
5.4the following qualifications: (1) has a minimum of two years' experience handling child
5.5protection cases; (2) has a minimum of ten hours' training in handling child protection
5.6cases from a course or courses certified by the Supreme Court; or (3) is supervised by an
5.7attorney who meets the minimum qualifications under clause (1) or (2).
5.8 Sec. 7. Minnesota Statutes 2010, section 260C.331, subdivision 5, is amended to read:
5.9 Subd. 5. Attorneys fees. In proceedings in which the court has appointed counsel
5.10pursuant to section
5.11court may inquire into the ability of the parents to pay for such counsel's services and,
5.12after giving the parents a reasonable opportunity to be heard, may order the parents to
5.13pay attorneys fees or reimburse the county for expenses incurred. The court may order
5.14full or partial payment or reimbursement.
5.15 Sec. 8. Minnesota Statutes 2010, section 609.115, subdivision 4, is amended to read:
5.16 Subd. 4. Confidential sources of information. (a) Any report made pursuant to
5.17subdivision 1 shall be, if written, provided to counsel for all parties before sentence.
5.18The written report shall not disclose confidential sources of information unless the
5.19court otherwise directs. On the request of the prosecuting attorney or the defendant's
5.20attorney a summary hearing in chambers shall be held on any matter brought in issue,
5.21but confidential sources of information shall not be disclosed unless the court otherwise
5.22directs. If the presentence report is given orally the defendant or the defendant's attorney
5.23shall be permitted to hear the report.
5.24(b) Any report made under subdivision 1 or 2 shall be provided to counsel for
5.25the defendant for purposes of representing the defendant on any appeal or petition for
5.26postconviction relief. The reports shall be provided by the court and the commissioner of
5.27corrections at no cost to the defendant or the defendant's attorney.
5.28 Sec. 9. Minnesota Statutes 2010, section 609.131, subdivision 1, is amended to read:
5.29 Subdivision 1. General rule. Except as provided in subdivision 2, an alleged
5.30misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
5.31believes that it is in the interest of justice that the defendant not be imprisoned if convicted
5.32and certifies that belief to the court at or before the time of arraignment or pretrial hearing,
5.33and the court approves of the certification motion. Prior to the appointment of a public
6.1defender to represent a defendant charged with a misdemeanor, the court shall inquire of
6.2the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor.
6.3The defendant's consent to the certification is not required. When an offense is certified
6.4as a petty misdemeanor under this section, the
6.5
6.6eligible for the appointment of a public defender.
6.7 Sec. 10. Minnesota Statutes 2010, section 611.14, is amended to read:
6.8611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
6.9 The following persons who are financially unable to obtain counsel are entitled to be
6.10represented by a public defender:
6.11 (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
6.12person charged under sections
6.13 (2) a person appealing from a conviction of a felony
6.14misdemeanor, or a person convicted of a felony
6.15who is pursuing a postconviction proceeding and who has not already had a direct appeal
6.16of the conviction;
6.17 (3) a person who is entitled to be represented by counsel under section
6.18subdivision 2
6.19 (4) a minor ten years of age or older who is entitled to be represented by counsel
6.20under section
6.21 Sec. 11. Minnesota Statutes 2010, section 611.16, is amended to read:
6.22611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
6.23Any person described in section
6.24
6.25or the court in which the conviction occurred, to appoint a public defender to represent
6.26the person.
6.27
6.28 Sec. 12. Minnesota Statutes 2010, section 611.17, is amended to read:
6.29611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
6.30STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
6.31 (a) Each judicial district must screen requests for representation by the district public
6.32defender. A defendant is financially unable to obtain counsel if:
7.1 (1) the defendant
7.2
7.3with a misdemeanor and has an annual household income not greater than 125 percent of
7.4the poverty guidelines updated periodically in the Federal Register by the United States
7.5Department of Health and Human Services under the authority of United States Code,
7.6title 42, section 9902(2);
7.7(2) the defendant is charged with a gross misdemeanor and has an annual household
7.8income not greater than 150 percent of the poverty guidelines updated periodically in the
7.9Federal Register by the United States Department of Health and Human Services under
7.10the authority of United States Code, title 42, section 9902(2);
7.11(3) the defendant is charged with a felony and has an annual household income not
7.12greater than 175 percent of the poverty guidelines updated periodically in the Federal
7.13Register by the United States Department of Health and Human Services under the
7.14authority of United States Code, title 42, section 9902(2); or
7.15
7.16assets and current income, would be unable to pay the reasonable costs charged by private
7.17counsel in that judicial district for a defense of the same matter.
7.18 (b) Upon a request for the appointment of counsel, the court shall make an
7.19appropriate
7.20paragraph (a) of the applicant, who shall submit a financial statement under oath or
7.21affirmation setting forth the applicant's assets and liabilities, including the value of any
7.22real property owned by the applicant, whether homestead or otherwise, less the amount of
7.23any encumbrances on the real property, the source or sources of income, and any other
7.24information required by the court. The applicant shall be under a continuing duty while
7.25represented by a public defender to disclose any changes in the applicant's financial
7.26circumstances
7.27The state public defender shall furnish appropriate forms for the financial statements,
7.28which must be used by the district courts throughout the state. The forms must contain
7.29conspicuous notice of the applicant's continuing duty to disclose to the court changes in the
7.30applicant's financial circumstances. The forms must also contain conspicuous notice of the
7.31applicant's obligation to make a co-payment for the services of the district public defender,
7.32as specified under paragraph (c). The information contained in the statement shall be
7.33confidential and for the exclusive use of the court and the public defender
7.34
7.35refusal to execute the financial statement or produce financial records constitutes a waiver
7.36of the right to the appointment of a public defender. The court shall not appoint a
8.1public defender to a defendant who is financially able to retain private counsel but refuses
8.2to do so, refuses to execute the financial statement or refuses to provide information
8.3necessary to determine financial eligibility under this section, or waives the appointment
8.4of a public defender under section 611.19.
8.5 An inquiry to determine financial eligibility of a defendant for the appointment of
8.6the district public defender shall be made whenever possible prior to the court appearance
8.7and by such persons as the court may direct. This inquiry may be combined with the
8.8prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
8.9subdivision 3. In no case shall the district public defender be required to perform this
8.10inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
8.11conduct a financial inquiry. The inquiry must include the following:
8.12 (1) the liquidity of real estate assets, including the defendant's homestead;
8.13 (2) any assets that can be readily converted to cash or used to secure a debt;
8.14 (3) the determination of whether the transfer of an asset is voidable as a fraudulent
8.15conveyance; and
8.16 (4) the value of all property transfers occurring on or after the date of the alleged
8.17offense. The burden is on the accused to show that the accused is financially unable
8.18to afford counsel. Defendants who fail to provide information necessary to determine
8.19eligibility shall be deemed ineligible. The court must not appoint the district public
8.20defender as advisory counsel or standby counsel. If the court appoints advisory or standby
8.21counsel, the cost of counsel shall be paid for by the Office of the State Court Administrator
8.22or, if the prosecutor requests the appointment, by the governmental unit conducting the
8.23prosecution. In no event may the court order the Board of Public Defense to pay the cost
8.24of advisory or standby counsel.
8.25 (c) Upon disposition of the case, an individual who has received public defender
8.26services shall pay to the court a $75 co-payment for representation provided by a public
8.27defender, unless the co-payment is, or has been, reduced in part or waived by the court.
8.28 The co-payment must be credited to the general fund. If a term of probation is
8.29imposed as a part of an offender's sentence, the co-payment required by this section must
8.30not be made a condition of probation. The co-payment required by this section is a civil
8.31obligation and must not be made a condition of a criminal sentence.
8.32 Sec. 13. Minnesota Statutes 2010, section 611.18, is amended to read:
8.33611.18 APPOINTMENT OF PUBLIC DEFENDER.
8.34If it appears to a court that a person requesting the appointment of counsel satisfies
8.35the requirements of this chapter, the court shall order the
9.1represent the person
9.2person appealing from a conviction, or a person pursuing a postconviction proceeding
9.3and who has not already had a direct appeal of the conviction, according to the standards
9.4of sections
9.5
9.7represent that person.
9.8
9.9
9.10
9.11
9.12
9.13whom the defendant had retained, the court may appoint the
9.14to represent the defendant, as provided in this section. Prior to any court appearance, a
9.15public defender may represent a person accused of violating the law, who appears to be
9.16financially unable to obtain counsel, and shall continue to represent the person unless it
9.17is subsequently determined that the person is financially able to obtain counsel. The
9.18representation may be made available at the discretion of the public defender, upon the
9.19request of the person or someone on the person's behalf. Any law enforcement officer may
9.20notify the public defender of the arrest of any such person.
9.21 Sec. 14. Minnesota Statutes 2010, section 611.20, subdivision 4, is amended to read:
9.22 Subd. 4. Employed defendants; ability to pay. (a) A court shall order a defendant
9.23who is employed when a public defender is appointed, or who becomes employed while
9.24represented by a public defender, or who is or becomes able to make partial payments
9.25for counsel, to reimburse the state for the cost of the public defender. If reimbursement
9.26is required under this subdivision, the court shall order the reimbursement when a
9.27public defender is first appointed or as soon as possible after the court determines that
9.28reimbursement is required. The court may accept partial reimbursement from the
9.29defendant if the defendant's financial circumstances warrant a reduced reimbursement
9.30schedule.
9.31
9.32the court may order the defendant's employer to withhold a percentage of the defendant's
9.33income to be turned over to the court.
9.34
10.1the income and assets of the defendant based on the financial statement provided by the
10.2defendant when applying for the public defender under section 611.17.
10.3(b) If a court determines under section 611.17 that a defendant is financially unable to
10.4pay the reasonable costs charged by private counsel due to the cost of a private retainer fee,
10.5the court shall evaluate the defendant's ability to make partial payments or reimbursement.
10.6 Sec. 15. Minnesota Statutes 2010, section 611.215, subdivision 2, is amended to read:
10.7 Subd. 2. Duties and responsibilities. (a) The board shall approve and recommend
10.8to the legislature a budget for the board, the office of state public defender, the judicial
10.9district public defenders, and the public defense corporations.
10.10(b) The board shall establish procedures for distribution of state funding under this
10.11chapter to the state and district public defenders and to the public defense corporations.
10.12(c) The state public defender with the approval of the board shall establish standards
10.13for the offices of the state and district public defenders and for the conduct of all appointed
10.14counsel systems. The standards must include, but are not limited to:
10.15(1) standards needed to maintain and operate an office of public defender including
10.16requirements regarding the qualifications, training, and size of the legal and supporting
10.17staff for a public defender or appointed counsel system;
10.18(2) standards for public defender caseloads;
10.19(3) standards and procedures for the eligibility for appointment, assessment, and
10.20collection of the costs for legal representation provided by public defenders or appointed
10.21counsel;
10.22(4) standards for contracts between a board of county commissioners and a county
10.23public defender system for the legal representation of indigent persons;
10.24(5) standards prescribing minimum qualifications of counsel appointed under the
10.25board's authority or by the courts; and
10.26(6) standards ensuring the independent, competent, and efficient representation of
10.27clients whose cases present conflicts of interest, in both the trial and appellate courts.
10.28(d) The board may require the reporting of statistical data, budget information, and
10.29other cost factors by the state and district public defenders and appointed counsel systems.
10.30(e) The board shall establish a reasonable reimbursement rate for attorney fees
10.31and costs associated with the representation of public defender clients for appeals by
10.32a prosecuting attorney of a pretrial order from a district court under section 611.27,
10.33subdivision 16.
10.34 Sec. 16. Minnesota Statutes 2010, section 611.26, subdivision 6, is amended to read:
11.1 Subd. 6. Persons defended. The district public defender shall represent, without
11.2charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when so
11.3directed by the district court. The district public defender shall also represent a minor ten
11.4years of age or older in the juvenile court when so directed by the juvenile court under
11.5section 260B.163, subdivision 4. The district public defender must not serve as advisory
11.6counsel or standby counsel. The juvenile court may not order the district public defender
11.7to represent a minor who is under the age of ten years, to serve as a guardian ad litem, or
11.8to represent a guardian ad litem.
11.9 Sec. 17. Minnesota Statutes 2010, section 611.27, subdivision 5, is amended to read:
11.10 Subd. 5. District public defender budgets and county payment responsibility.
11.11The Board of Public Defense
11.12
11.13
11.14
11.15
11.16
11.17provide counsel in adult criminal and juvenile delinquency cases, as specified under
11.18section 611.14. The court shall not appoint counsel at county expense for representation
11.19under section 611.14, except as provided in section 611.26, subdivision 3a, paragraph (c).
11.20 Sec. 18. Minnesota Statutes 2010, section 611.27, is amended by adding a subdivision
11.21to read:
11.22 Subd. 16. Appeal by prosecuting attorney; attorney fees. When a prosecuting
11.23attorney appeals to the Court of Appeals, in any criminal case, from any pretrial order
11.24of the district court, reasonable attorney fees and costs incurred shall be allowed to the
11.25defendant on the appeal which shall be paid by the governmental unit responsible for the
11.26prosecution involved. If the defendant is represented by a public defender in district court,
11.27the fees and costs for an attorney who is hired for purposes of representing the defendant
11.28in an appeal by the prosecuting attorney of a pretrial order shall be paid in accordance
11.29with the reimbursement rate established by the board of public defense under section
11.30611.215, subdivision 2, paragraph (e).
11.31 Sec. 19. APPELLATE PROCESS WORKING GROUP.
11.32The state public defender is requested to convene a working group to study and make
11.33policy recommendations for improving the appellate process, including evaluating types of
12.1cases appropriate for discretionary or mandatory appellate review and identifying possible
12.2cost efficiencies in the appellate process. The state public defender is requested to serve
12.3as chair and invite the following organizations to designate three representatives each to
12.4serve on the working group: (1) the Board of Public Defense; (2) the Minnesota County
12.5Attorneys' Association; (3) the attorney general's office; (4) the Minnesota Association
12.6of Criminal Defense Lawyers; (5) the Minnesota Association of City Attorneys; and (6)
12.7the Minnesota Association of Verbatim Reporters and Captioners. The working group is
12.8requested to submit its report and recommendations to the chairs and ranking minority
12.9members of the house of representatives and senate committees with jurisdiction over
12.10the judiciary by January 15, 2013.
12.11 Sec. 20. REPEALER.
12.12Minnesota Statutes 2010, sections 611.20, subdivision 6; and 611.27, subdivision
12.1315, are repealed.
