Bill > H1470

This bill amends existing law to establish a more rigorous process for determining and verifying a person's indigency, meaning their inability to afford legal representation, when they request court-appointed counsel. It requires individuals claiming indigency to sign a waiver allowing court officials to access their wage, tax, and asset information from state agencies like the Department of Revenue and the Registry of Motor Vehicles to confirm their financial status. Chief probation officers or their designees will interview applicants, explain the indigency definition and verification process, and document their findings in a report signed by both the applicant and the officer, with clear warnings about penalties for misrepresentation, including fines and potential jail time. This report will then be presented to a judge for a decision. The bill also mandates ongoing reassessments of indigency every six months and outlines procedures for revoking counsel if a person is found to no longer qualify, or if they misrepresented their financial information, which could result in a minimum $1,000 fine and possible imprisonment. Furthermore, it introduces a $150 counsel fee for those receiving court-appointed counsel, payable within 90 days, though waivers can be requested and granted based on demonstrated inability to pay. As an alternative to payment, individuals may perform community service, with 10 hours required for every $100 owed. The bill also details how these fees and community service obligations will be tracked and enforced, including through tax refund intercepts and potential suspension of driver's licenses or vehicle registrations if the fees are not paid or worked off. Finally, it requires the office of the commissioner of probation to submit detailed quarterly reports to legislative committees on various aspects of indigency determinations and fee collections to ensure the effectiveness of these procedures.