Bill Text: MN SF1027 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Statewide public defense system county withdrawal permission; court-ordered indigent offender representation requirement
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-04-11 - Author added Ingebrigtsen [SF1027 Detail]
Download: Minnesota-2011-SF1027-Introduced.html
1.2relating to public safety; permitting counties to withdraw from the statewide
1.3public defense system for two-year periods; requiring withdrawing counties
1.4to provide court-ordered representation for indigent offenders; requiring a
1.5percentage of the budget of the State Board of Public Defense to be transferred
1.6to a withdrawing county; requiring reports;proposing coding for new law in
1.7Minnesota Statutes, chapter 611.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [611.50] WITHDRAWAL FROM STATEWIDE PUBLIC DEFENSE
1.10SYSTEM BY COUNTY.
1.11 Subdivision 1. Authority to withdraw. Notwithstanding any conflicting provision
1.12of law, a county or a group of contiguous counties acting pursuant to a joint powers
1.13agreement may elect under this section to withdraw from the statewide public defense
1.14system. This election must be made by action of the county board. A court may not
1.15order a county to make the election.
1.16 Subd. 2. Withdrawal time periods. An election to withdraw from the statewide
1.17public defense system must be effective for a two-year period coinciding with the state's
1.18biennial budget cycle. The period begins on July 1 of the odd-numbered year and
1.19continues through June 30 of the next odd-numbered year. The election may be renewed
1.20under this section for additional two-year periods. A county or group of counties shall
1.21notify the State Board of Public Defense and the commissioner of management and budget
1.22of the election at least 30 days before the start of the withdrawal.
1.23 Subd. 3. Effect of withdrawal. (a) A county or group of counties electing to
1.24withdraw from the statewide public defense system under this section shall agree to
1.25provide for the duration of the two-year period all court-ordered representation of indigent
2.1persons in the county or group of counties that would otherwise under statute or appellate
2.2decision be provided by a public defender. The county or group of counties is responsible
2.3for all costs associated with the court-ordered representation of indigent offenders. The
2.4provisions of this chapter apply to court-ordered representation provided by the county.
2.5An attorney provided by the county has the same authority and responsibilities as a public
2.6defender under Minnesota law.
2.7(b) A county or group of counties electing to withdraw from the statewide public
2.8defense system under this section shall contract with attorneys to provide the legal
2.9representation required under this section. These attorneys are not considered state or
2.10county employees.
2.11 Subd. 4. Governance. A county or group of counties that have elected to withdraw
2.12from the statewide public defense system under this section shall form an advisory board
2.13to develop a comprehensive plan for the provision of court-ordered representation of
2.14indigent persons in the county or counties. The board must be comprised of individuals
2.15who are well acquainted with the defense of persons accused of having committed a
2.16crime. However, no person serving as a prosecutor may be appointed to the board. In
2.17addition, the county or counties shall designate an official or agency to be responsible
2.18for administering the money provided under subdivision 5 and implementing the local
2.19takeover of public defender services. The county or counties may establish and organize
2.20an administrative structure to provide for the budgeting, staffing, and operation of the
2.21local takeover consistent with this section.
2.22 Subd. 5. Transfer of a portion of state funding. (a) By July 1 of each year of a
2.23withdrawal, the State Board of Public Defense shall transfer to the official or agency
2.24designated in subdivision 4 an amount representing the county's or group of counties'
2.25share of the total state appropriation to the State Board of Public Defense for district
2.26public defenders for that upcoming fiscal year based on the percentage indicated for
2.27each participating county in paragraph (b).
4.37 Subd. 6. Appeals. Notwithstanding a withdrawal from the statewide public defense
4.38system under this section, the chief appellate public defender shall continue to represent
4.39indigent offenders in the county or group of counties in appeals or postconviction
4.40proceedings as required in section 611.14.
4.41 Subd. 7. Role of commissioner of management and budget. The commissioner
4.42of management and budget shall oversee the transfer of state funds under subdivision 5
5.1and resolve any dispute between a county and the State Board of Public Defense relating
5.2to the transfer.
5.3 Subd. 8. Reporting. By February 15 of each year, the State Board of Public
5.4Defense, the commissioner of management and budget, and any county withdrawing
5.5from the statewide public defense system under this section shall report to the chairs
5.6and ranking minority members of the senate and house of representatives committees
5.7having jurisdiction over public defense policy and funding. The report must detail any
5.8withdrawal from the state system. To the degree feasible, the report must evaluate the
5.9effect of the withdrawal on the representation of indigent offenders both in the affected
5.10county or counties and in the rest of the state.
5.11 Subd. 9. Recommended changes to formula; report. By February 15 of
5.12each even-numbered year, the State Board of Public Defense, after consulting with
5.13county officials in each county, shall recommend to the chairs and ranking minority
5.14members of the senate and house of representatives committees having jurisdiction
5.15over public defense policy and funding changes to the formula contained in subdivision
5.165, paragraph (b). Any recommended changes must attempt to more equitably and
5.17accurately apportion costs related to the representation of indigent offenders throughout
5.18the state. The recommendations shall take into account actual use and need relating to
5.19government-appointed counsel for indigent offenders in the preceding two-year period.
5.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.3public defense system for two-year periods; requiring withdrawing counties
1.4to provide court-ordered representation for indigent offenders; requiring a
1.5percentage of the budget of the State Board of Public Defense to be transferred
1.6to a withdrawing county; requiring reports;proposing coding for new law in
1.7Minnesota Statutes, chapter 611.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [611.50] WITHDRAWAL FROM STATEWIDE PUBLIC DEFENSE
1.10SYSTEM BY COUNTY.
1.11 Subdivision 1. Authority to withdraw. Notwithstanding any conflicting provision
1.12of law, a county or a group of contiguous counties acting pursuant to a joint powers
1.13agreement may elect under this section to withdraw from the statewide public defense
1.14system. This election must be made by action of the county board. A court may not
1.15order a county to make the election.
1.16 Subd. 2. Withdrawal time periods. An election to withdraw from the statewide
1.17public defense system must be effective for a two-year period coinciding with the state's
1.18biennial budget cycle. The period begins on July 1 of the odd-numbered year and
1.19continues through June 30 of the next odd-numbered year. The election may be renewed
1.20under this section for additional two-year periods. A county or group of counties shall
1.21notify the State Board of Public Defense and the commissioner of management and budget
1.22of the election at least 30 days before the start of the withdrawal.
1.23 Subd. 3. Effect of withdrawal. (a) A county or group of counties electing to
1.24withdraw from the statewide public defense system under this section shall agree to
1.25provide for the duration of the two-year period all court-ordered representation of indigent
2.1persons in the county or group of counties that would otherwise under statute or appellate
2.2decision be provided by a public defender. The county or group of counties is responsible
2.3for all costs associated with the court-ordered representation of indigent offenders. The
2.4provisions of this chapter apply to court-ordered representation provided by the county.
2.5An attorney provided by the county has the same authority and responsibilities as a public
2.6defender under Minnesota law.
2.7(b) A county or group of counties electing to withdraw from the statewide public
2.8defense system under this section shall contract with attorneys to provide the legal
2.9representation required under this section. These attorneys are not considered state or
2.10county employees.
2.11 Subd. 4. Governance. A county or group of counties that have elected to withdraw
2.12from the statewide public defense system under this section shall form an advisory board
2.13to develop a comprehensive plan for the provision of court-ordered representation of
2.14indigent persons in the county or counties. The board must be comprised of individuals
2.15who are well acquainted with the defense of persons accused of having committed a
2.16crime. However, no person serving as a prosecutor may be appointed to the board. In
2.17addition, the county or counties shall designate an official or agency to be responsible
2.18for administering the money provided under subdivision 5 and implementing the local
2.19takeover of public defender services. The county or counties may establish and organize
2.20an administrative structure to provide for the budgeting, staffing, and operation of the
2.21local takeover consistent with this section.
2.22 Subd. 5. Transfer of a portion of state funding. (a) By July 1 of each year of a
2.23withdrawal, the State Board of Public Defense shall transfer to the official or agency
2.24designated in subdivision 4 an amount representing the county's or group of counties'
2.25share of the total state appropriation to the State Board of Public Defense for district
2.26public defenders for that upcoming fiscal year based on the percentage indicated for
2.27each participating county in paragraph (b).
4.37 Subd. 6. Appeals. Notwithstanding a withdrawal from the statewide public defense
4.38system under this section, the chief appellate public defender shall continue to represent
4.39indigent offenders in the county or group of counties in appeals or postconviction
4.40proceedings as required in section 611.14.
4.41 Subd. 7. Role of commissioner of management and budget. The commissioner
4.42of management and budget shall oversee the transfer of state funds under subdivision 5
5.1and resolve any dispute between a county and the State Board of Public Defense relating
5.2to the transfer.
5.3 Subd. 8. Reporting. By February 15 of each year, the State Board of Public
5.4Defense, the commissioner of management and budget, and any county withdrawing
5.5from the statewide public defense system under this section shall report to the chairs
5.6and ranking minority members of the senate and house of representatives committees
5.7having jurisdiction over public defense policy and funding. The report must detail any
5.8withdrawal from the state system. To the degree feasible, the report must evaluate the
5.9effect of the withdrawal on the representation of indigent offenders both in the affected
5.10county or counties and in the rest of the state.
5.11 Subd. 9. Recommended changes to formula; report. By February 15 of
5.12each even-numbered year, the State Board of Public Defense, after consulting with
5.13county officials in each county, shall recommend to the chairs and ranking minority
5.14members of the senate and house of representatives committees having jurisdiction
5.15over public defense policy and funding changes to the formula contained in subdivision
5.165, paragraph (b). Any recommended changes must attempt to more equitably and
5.17accurately apportion costs related to the representation of indigent offenders throughout
5.18the state. The recommendations shall take into account actual use and need relating to
5.19government-appointed counsel for indigent offenders in the preceding two-year period.
5.20EFFECTIVE DATE.This section is effective the day following final enactment.
