AB1219: Bill Text

AB1219,16,16 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under s. 977.07 (2) rules promulgated under s. 977.02 (3) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB1219, s. 36 Section 36. 977.06 (2) (am) of the statutes is amended to read:

AB1219,16,23 977.06 (2) (am) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, shall sign a statement declaring that the information that he or she has given to determine eligibility for assignment of counsel he or she believes to be true and that he or she is informed that he or she is subject to the penalty under par. (b).

AB1219, s. 37 Section 37. 977.07 (1) (a) of the statutes is amended to read:

AB1219,17,6 977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23.

AB1219, s. 38 Section 38. 977.07 (1) (c) of the statutes is amended to read:

AB1219,17,18 977.07 (1) (c) For all referrals made under ss. 809.30, 974.06 (3) (b), and 974.07 (11), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.30 and 974.06 (3) (b), except a referral of a child person who is entitled to be represented by counsel under s. 48.23, 51.60, 55.06 (11) (a), 880.33 (2) (a) 2., or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the defendant's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

AB1219, s. 39 Section 39. 977.07 (2) of the statutes is repealed.

AB1219, s. 40 Section 40. 977.07 (2m) of the statutes is amended to read:

AB1219,18,6 977.07 (2m) If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 938.275 (2), 973.06 (1) (e) or 977.076 (1), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This subsection does not apply to persons who have paid under s. 977.075 (1) (1r).

AB1219, s. 41 Section 41. 977.075 (1) of the statutes is renumbered 977.075 (1r) and amended to read:

AB1219,18,12 977.075 (1r) The board shall establish by rule fixed amounts as flat payments for the cost of representation that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is client responsible for payment for legal representation, may elect to pay. The rule shall require all of the following:

AB1219,18,15 (a) If a person client responsible for payment elects to pay the applicable fixed amount, the person client cannot be held liable for any additional payment for counsel.

AB1219,18,17 (b) The person client responsible for payment may pay the fixed amount only at the beginning of the representation.

AB1219, s. 42 Section 42. 977.075 (1g) of the statutes is created to read:

AB1219,18,21 977.075 (1g) In this section, "client responsible for payment" means a client of the state public defender other than a client entitled to legal representation without a determination of indigency.

AB1219, s. 43 Section 43. 977.075 (3) of the statutes is amended to read:

AB1219,19,3 977.075 (3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b), who is client responsible for payment for legal representation shall pay for the cost of the legal representation. The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.

AB1219, s. 44 Section 44. 977.075 (4) of the statutes is amended to read:

AB1219,19,9 977.075 (4) The board may establish by rule a procedure for collecting a nonrefundable partial payment within 60 days after the commencement of representation for legal services from persons clients who are responsible for payment for legal representation. This subsection does not apply to a parent who is subject to s. 48.275 (2) (b) or 938.275 (2) (b).

AB1219, s. 45 Section 45. 977.075 (5) of the statutes is amended to read:

AB1219,19,12 977.075 (5) The rules under subs. (3) and (4) do not apply to a person who has paid under sub. (1) (1r).

AB1219, s. 46 Section 46. 977.075 (6) of the statutes is created to read:

AB1219,19,19 977.075 (6) The board shall establish by rule a fee schedule that sets the maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay as reimbursement for legal services and sets the maximum amount that a person subject to s. 51.605, 55.065, or 880.33 (2) (a) 4. shall pay as reimbursement for legal services. The maximum amounts under this subsection shall be based on the average cost, as determined by the board, for each applicable type of case.

AB1219, s. 47 Section 47. 977.08 (1) of the statutes is amended to read:

AB1219,20,2 977.08 (1) If the representative or the authority for indigency determinations specified under s. 977.07 (1) refers a case to or within the office of the state public defender or if a case is referred under s. 48.23 (4), 51.60, 55.06 (11) (bm) 1., 880.33 (2) (a) 2., or 938.23 (4), the state public defender shall assign counsel according to subs. (3) and (4). If a defendant makes a request for change of attorney assignment, the change of attorney must be approved by the circuit court.

AB1219, s. 48 Section 48. 977.08 (2) (intro.) of the statutes is amended to read:

AB1219,20,7 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the state public defender that a set of lists is being prepared of attorneys willing to represent children persons referred under s. 48.23 (4), 51.60, 55.06 (11) (bm) 1., 880.33 (2) (a) 2., or 938.23 (4) and indigent clients in the following:

AB1219, s. 49 Section 49. 977.08 (2) (d) of the statutes is repealed.

AB1219, s. 50 Section 50. 977.085 (3) of the statutes is amended to read:

AB1219,20,18 977.085 (3) The board shall provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 51.605, 55.065, 757.66, 880.33 (2) (a) 4., 938.275, 977.06, 977.07 (2), 977.075 and 977.076, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.

AB1219, s. 51 Section 51 . Nonstatutory provisions.

AB1219,20,24 (1) Position increase. The authorized FTE positions for the public defender board are increased by 59.5 GPR positions on the effective date of this subsection, to be funded from the appropriation under section 20.550 (1) (c) of the statutes, for the purpose of providing legal representation to persons for whom the state public defender assigns counsel.

AB1219, s. 52 Section 52 . Initial applicability.

AB1219,21,5 (1) Indigency determinations. The treatment of sections 20.550 (1) (fb), 303.065 (5) (dm), 973.06 (1) (e), 977.06 (1) (a), 977.06 (2) (a), 977.07 (2), and 977.085 (3) of the statutes, the renumbering and amendment of section 977.02 (3) of the statutes, and the creation of section 977.02 (3) (a) to (d) of the statutes first apply to cases opened on the effective date of this subsection.

AB1219,21,7 (2) Representation in civil commitment, protective placement, and guardianship cases.

AB1219,21,13 (a) Emergency mental health detentions. The treatment of sections 51.15 (9), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to an emergency detention under section 51.15 of the statutes) first applies to emergency detentions occurring on the effective date of this paragraph.

AB1219,21,19 (b) Involuntary commitments for mental health treatment. The treatment of sections 51.20 (3) and (18) (c), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to an involuntary commitment proceeding under section 51.20 of the statutes) first applies to proceedings commenced on the effective date of this paragraph.

AB1219,21,25 (c) Transfers of patients. The treatment of sections 51.35 (1) (e) 1. and 2. c., 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to a transfer under section 51.35 of the statutes) first applies to transfers occurring on the effective date of this paragraph.

AB1219,22,8 (d) Involuntary commitments for treatment of alcoholism. The treatment of sections 51.45 (12) (b) (intro.), 1., 2., and 3., and (c) 2., (13) (b) 2., (d), and (j), and (16) (c), 51.60, 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to a commitment or recommitment proceeding under section 51.45 of the statutes) first applies to proceedings for commitment or recommitment commenced on the effective date of this paragraph.

AB1219,22,14 (e) Protective placements proceedings. The treatment of sections 51.60, 55.06 (11) (a) and (bm), 809.30 (2) (d), 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to an emergency detention under section 55.06 (11) of the statutes) first applies to emergency detentions occurring on the effective date of this paragraph.

AB1219,22,20 (f) Guardianship proceedings. The treatment of sections 51.60, 809.30 (2) (d), 880.33 (2) (a) 2., 977.02 (3), 977.05 (4) (gm), (h), and (i) 4., 977.06 (2) (a) and (am), 977.07 (1) (a) and (c), and 977.08 (1) and (2) (intro.) and (d) of the statutes (with respect to the appointment of counsel for persons subject to a guardianship proceeding under chapter 880 of the statutes) first applies to guardianship proceedings commenced on the effective date of this paragraph.

AB1219, s. 53 Section 53. Effective date.

AB1219,22,22 (1) This act takes effect on July 1, 2007.

AB1219,22,23 (End)