Public defender co-payment eliminated, partial payment for public defender services eliminated, appointed counsel reimbursement requirements eliminated, and retroactive forgiveness of certain payments referred to collections or entered as a civil judgement established.

A bill for an act

relating to judiciary; eliminating the public defender co-payment; eliminating

partial payment for public defender services; eliminating reimbursement

requirements for appointed counsel; establishing retroactive forgiveness of certain

payments referred to collections or entered as a civil judgment; amending Minnesota

Statutes 2024, section 611.17; repealing Minnesota Statutes 2024, sections 611.20,

subdivisions 1, 2; 611.35.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 611.17, is amended to read:

611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT; STANDARDS

FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.

(a) Each judicial district must screen requests for representation by the district public

defender. A defendant is financially unable to obtain counsel if:

(1) the defendant, or any dependent of the defendant who resides in the same household

as the defendant, receives means-tested governmental benefits; or

(2) the court determines that the defendant, through any combination of liquid assets

and current income, would be unable to pay the reasonable costs charged by private counsel

in that judicial district for a defense of the same matter.

(b) Upon a request for the appointment of counsel, the court shall make an appropriate

determination of financial eligibility under paragraph (a) of the applicant, who shall submit

a financial statement under oath or affirmation setting forth the applicant's assets and

liabilities, including the value of any real property owned by the applicant, whether

homestead or otherwise, less the amount of any encumbrances on the real property, the

source or sources of income, and any other information required by the court. The applicant

shall be under a continuing duty while represented by a public defender to disclose any

changes in the applicant's financial circumstances. The state public defender shall furnish

appropriate forms for the financial statements, which must be used by the district courts

throughout the state. The forms must contain conspicuous notice of the applicant's continuing

duty to disclose to the court changes in the applicant's financial circumstances.
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The forms

must also contain conspicuous notice of the applicant's obligation to make a co-payment

for the services of the district public defender, as specified under paragraph (c).
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The

information contained in the statement shall be confidential and for the exclusive use of the

court and the public defender except for any prosecution under section
609.48
. A refusal

to execute the financial statement or produce financial records constitutes a waiver of the

right to the appointment of a public defender. The court shall not appoint a public defender

to a defendant who is financially able to retain private counsel but refuses to do so, refuses

to execute the financial statement or refuses to provide information necessary to determine

financial eligibility under this section, or waives the appointment of a public defender under

section
611.19
.

An inquiry to determine financial eligibility of a defendant for the appointment of the

district public defender shall be made whenever possible prior to the court appearance and

by such persons as the court may direct. This inquiry may be combined with the prerelease

investigation provided for in Minnesota Rule of Criminal Procedure
6.02, subdivision 3
. In

no case shall the district public defender be required to perform this inquiry or investigate

the defendant's assets or eligibility. The court has the sole duty to conduct a financial inquiry.

The inquiry must include the following:

(1) the liquidity of real estate assets, including the defendant's homestead;

(2) any assets that can be readily converted to cash or used to secure a debt;

(3) the determination of whether the transfer of an asset is voidable as a fraudulent

conveyance; and

(4) the value of all property transfers occurring on or after the date of the alleged offense

or notice of the action. The burden is on the accused to show that the accused is financially

unable to afford counsel. Defendants who fail to provide information necessary to determine

eligibility shall be deemed ineligible. The court must not appoint the district public defender

as advisory counsel or standby counsel. If the court appoints advisory or standby counsel,

the cost of counsel shall be paid for by the Office of the State Court Administrator or, if the

prosecutor requests the appointment, by the governmental unit conducting the prosecution.

In no event may the court order the Board of Public Defense to pay the cost of advisory or

standby counsel.

(c)
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Upon disposition of the case,
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If the court determines that
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an individual
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who has

received
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is financially eligible for the services of the district
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public defender
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services shall

pay to the court a $75
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, the court must not order that the person pay a
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co-payment for

representation provided by a public defender,
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unless the co-payment is, or has been, reduced

in part or waived by the court
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reimbursement for the actual costs to a governmental unit in

providing the services of appointed counsel, or any other fee or expense related to

representation
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.

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The co-payment must be credited to the general fund. If a term of probation is imposed

as a part of an offender's sentence, the co-payment required by this section must not be

made a condition of probation. The co-payment required by this section is a civil obligation

and must not be made a condition of a criminal sentence.

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EFFECTIVE DATE.

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This section is effective July 1, 2026, and applies to appointment

of counsel made on or after that date and retroactively to payments ordered before that date

that have not been paid.

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Sec. 2.
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APPOINTED COUNSEL CO-PAY AND REIMBURSEMENT;

RETROACTIVE APPLICATION.
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(a) Any portion of a co-payment for representation provided by a public defender ordered

by a court that has not been paid before July 1, 2026, is waived.

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(b) Any portion of a partial payment for representation provided by a public defender

ordered by a court that has not been paid before July 1, 2026, is waived.

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(c) Any portion of a reimbursement for representation by appointed counsel ordered by

a court that has not been paid before July 1, 2026, is waived.

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(d) Any fees, penalties, collection costs, prejudgment interest, or other expense related

to a co-payment, partial payment, or reimbursement waived under this section must be

forgiven or vacated.

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(e) Any judgment related to a co-payment, partial payment, or reimbursement waived

under this section must be treated as satisfied and any pending actions must be dismissed.

The filing fees for a satisfaction of judgment filed under this section are waived.

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(f) Nothing in this section requires repayment of any portion of a co-payment, partial

payment, or reimbursement paid before July 1, 2026.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 3.
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REPEALER.
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Minnesota Statutes 2024, sections 611.20, subdivisions 1 and 2; and 611.35,

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are repealed.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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APPENDIX

Repealed Minnesota Statutes: 26-07250

611.20 SUBSEQUENT ABILITY TO PAY COUNSEL.

Subdivision 1.

Court determination.

If at any time after the state public defender or a district public defender has been directed to act, the court having jurisdiction in the matter is satisfied that the defendant or other person is financially able to obtain counsel, the court shall terminate the appointment of the public defender. The judicial district may investigate the financial status of a defendant or other person for whom a public defender has been appointed and may act to collect payments directed by the court.

If at any time after appointment a public defender should have reason to believe that a defendant is financially able to obtain counsel or to make partial payment for counsel, it shall be the public defender's duty to so advise the court so that appropriate action may be taken.

Subd. 2.

Partial payment.

If the court determines that the defendant is able to make partial payment, the court shall direct the partial payments to the state general fund. Payments directed by the court to the state shall be recorded by the court administrator who shall transfer the payments to the commissioner of management and budget.

611.35 REIMBURSEMENT OF APPOINTED COUNSEL.

Subdivision 1.

Reimbursement; civil obligation.

Any person who is represented by appointed counsel shall, if financially able to pay, reimburse the governmental unit chargeable with the compensation of appointed counsel for the actual costs to the governmental unit in providing the services of the appointed counsel. The court in hearing such matter shall ascertain the amount of such costs to be charged to the defendant and shall direct reimbursement over a period of not to exceed six months, unless the court for good cause shown shall extend the period of reimbursement. If a term of probation is imposed as a part of a sentence, reimbursement of costs as required by this chapter must not be made a condition of probation. Reimbursement of costs as required by this chapter is a civil obligation and must not be made a condition of a criminal sentence.

Subd. 2.

Civil action.

The county attorney may commence a civil action to recover such cost remaining unpaid at the expiration of six months unless the court has extended the reimbursement period and shall, if it appears that such recipient of appointed counsel services is about to leave the jurisdiction of the court or sell or otherwise dispose of assets out of which reimbursement may be obtained, commence such action forthwith. The county attorney may compromise and settle any claim for reimbursement with the approval of the court which heard the matter. No determination or action shall be taken later than two years after the termination of the duties of the appointed counsel.