SENATE, No. 70

The Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT TO FURTHER THE INTERESTS OF CHILDREN IN NEED OF SERVICES

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.Section 2 ½ of chapter 211D of the General Laws, as inserted by section 195 of chapter 149 of the acts of 2004, as most recently amended by chapter 149 of the Acts of 2004, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-  

It shall be the responsibility of the chief probation officer assigned to each court to ensure that a person claiming to be indigent meets the definition of indigency under section 2. A person seeking appointment of counsel shall be interviewed by the chief probation officer or his designee before the appointment of counsel. The person conducting the interview shall explain to the person seeking appointment of counsel:

(1) the definition of indigency, (2) the process used to verify his information with other state agencies, and (3) the consequences of misrepresenting his financial information in applying for the appointment of counsel. The person conducting the interview shall prepare a written indigency intake report that shall record the results of the interview and his recommendation on whether or not the person seeking appointment of counsel is indigent. The person seeking appointment of counsel and the person conducting the interview shall sign the indigency intake report. In signing the report, the person seeking appointment of counsel shall certify under the pains and penalties of perjury that the information contained therein is true and that he has not concealed any information relevant to his financial status. All statements contained in the report shall be deemed material statements. The completed report shall be presented to a judge who may adopt or reject the recommendations in the report, either in whole or in part.

SECTION 2.  Said section 2 ½ of said chapter 211D, as so amended, is hereby further amended by striking the third paragraph and inserting in place thereof the following paragraph:- Any appointment of counsel by the court is at all times subject to said verification of indigency by the chief probation officer assigned to each court. Not later than 60 days after the appointment of counsel, said chief probation officer or his designee shall complete a re-assessment of the financial circumstances of the person for whom counsel was appointed to ensure that the person continues to meet the definition of indigency. In preparing his re-assessment, the chief probation officer or his designee may access wage and tax information in the possession of the department of revenue and such other information relevant to the verification of indigency in the possession of the department of transitional assistance, the department of medical assistance and the registry of motor vehicles. Said departments shall provide such information to the chief probation officer or his designee upon request. Upon completion of his re-assessment, the chief probation officer shall prepare a written report of his findings. The chief probation officer shall sign the report, certifying that the person for whom counsel was appointed either continues to meet or does not continue to meet the definition of indigency. The report shall be filed with the case papers and shall be presented to the judge presiding at the person's next court appearance. If, upon receipt of the report, a judge finds that the person no longer meets the definition of indigency, he shall revoke the appointment of counsel and allow the person a reasonable continuance to obtain new counsel. Not later than 6 months after the appointment of counsel, and every 6 months thereafter, the chief probation officer or his designee shall conduct a further re-assessment of the financial circumstances of the person for whom counsel was appointed  to ensure that he continues to meet the definition of indigency and shall prepare, sign and file a written report certifying that the person either continues to meet, or does not continue to meet, that definition of indigency.

SECTION 3.  Said section 2 ½ of said chapter 211D, as so amended, is hereby further amended by striking the fifth paragraph and inserting in place thereof the following paragraph:- Upon completion of any said re-assessments, the chief probation officer shall prepare a written report of his findings. The chief probation officer shall sign the report, certifying that the person for whom counsel was appointed either continues to meet or does not continue to meet the definition of indigency. The report shall be filed with the case papers and shall be presented to the judge presiding at the person’s next court appearance. If, upon receipt of the report, a judge finds that the person no longer meets the definition of indigency, he shall revoke the appointment of counsel and allow the person a reasonable continuance to obtain new counsel.

SECTION 4.  Said section 2 ½ of said chapter 211D, as so amended, is hereby further amended, by striking out the seventh paragraph and inserting in place thereof the following paragraph:- A person provided counsel under this chapter shall be assessed a counsel fee of $150, which the court may waive only upon determining that the person is unable to pay. If, upon reviewing the chief probation officer's report on the 60-day re-assessment of the person’s indigency, the court concludes that the person is able to pay the $150 counsel fee of which he obtained a waiver, the court shall invalidate the waiver and re-impose the $150 counsel fee.

SECTION 5.  Said section 2 ½ of said chapter 211D, as so amended, is hereby further amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-  The court may authorize a person for whom counsel is appointed to perform community service in lieu of payment of the counsel fee. A person seeking to work off his counsel fee in community service shall perform 10 hours of community service for each $100 he owes in legal counsel fees. Notwithstanding any general or special law, rule or regulation to the contrary, a court proceeding shall not be terminated and the person shall not be discharged if the person owes any portion of the legal counsel fee imposed by this section. The clerk shall not release any bail posted on any criminal matter until the legal counsel fee is satisfied in accordance with this chapter.

SECTION 6.  Said section 2 ½ of said chapter 211D, as so amended, is hereby further amended by striking out the ninth paragraph and inserting in place thereof the following:- The clerk of the court shall, within 60 days of appointment of counsel, report to the departments of transitional assistance, medical assistance and revenue and the registry of motor vehicles the amount of any legal counsel fee owed by the person for whom counsel was appointed under this chapter. The department of revenue shall intercept the fee from tax refunds due to persons who have not paid it. The departments of transitional assistance and medical assistance shall deduct the fee in weekly or monthly increments from the benefit payments of persons who have not paid it. The registrar of motor vehicles shall suspend the driver’s license and shall not renew the driver’s license or automobile registration for any person who has not paid any legal counsel fee pursuant to this section.  Said person shall be permitted to have issued, renew or reinstate a driver’s license or automobile registration only upon a showing to the registrar of motor vehicles that said legal counsel fee has been collected or that such person has worked off said fee in community service as authorized by this section.