Bill Text: MN HF2386 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Conviction relief petition filing and notice to offender for restitution modified.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-14 - Secretary of State Chapter 245 05/13/14 [HF2386 Detail]
Download: Minnesota-2013-HF2386-Introduced.html
Bill Title: Conviction relief petition filing and notice to offender for restitution modified.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-05-14 - Secretary of State Chapter 245 05/13/14 [HF2386 Detail]
Download: Minnesota-2013-HF2386-Introduced.html
1.2relating to judiciary; modifying filing of petition for relief from conviction;
1.3eliminating reimbursement report by Board of Public Defenders; modifying
1.4notice to offender for restitution;amending Minnesota Statutes 2012, sections
1.5590.02, subdivision 3; 611.20, subdivision 3; 611A.045, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 590.02, subdivision 3, is amended to read:
1.8 Subd. 3. Filing. When a petition is filed pursuant to section590.01 it shall be filed
1.9with an original and three copies, each verified signed by the petitioner or signed by the
1.10petitioner's attorney. It shall be addressed to the district court of the judicial district in the
1.11county where the conviction took place.
1.12In those cases in which the petitioner is represented by counsel or in which the
1.13petitioner has filed a written waiver of right to counsel, the court administrator of the district
1.14courtshall deliver a copy of the petition to the county attorney and to the attorney general
1.15and shall immediately direct attention of the filing thereof to the chief judge or judge acting
1.16in the chief judge's behalf who shall promptly assign the matter to a judge in said district.
1.17 Sec. 2. Minnesota Statutes 2012, section 611.20, subdivision 3, is amended to read:
1.18 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
1.19and budget shall deposit the payments in the special revenue fund and credit them to a
1.20separate account with the Board of Public Defense. The amount credited to this account is
1.21appropriated to the Board of Public Defense.
1.22The balance of this account does not cancel but is available until expended.
1.23Expenditures by the board from this account for each judicial district public defense office
1.24must be based on the amount of the payments received by the state from the courts in
2.1each judicial district. A district public defender's office that receives money under this
2.2subdivision shall use the money to supplement office overhead payments to part-time
2.3attorneys providing public defense services in the district.By January 15 of each year,
2.4the Board of Public Defense shall report to the chairs and ranking minority members of
2.5the senate and house of representatives divisions having jurisdiction over criminal justice
2.6funding on the amount appropriated under this subdivision, the number of cases handled
2.7by each district public defender's office, the number of cases in which reimbursements
2.8were ordered, the average amount of reimbursement ordered, and the average amount of
2.9money received by part-time attorneys under this subdivision.
2.10 Sec. 3. Minnesota Statutes 2012, section 611A.045, subdivision 3, is amended to read:
2.11 Subd. 3. Dispute; evidentiary burden; procedures. (a) At the sentencing,
2.12dispositional hearing, or hearing on the restitution request, the offender shall have the
2.13burden to produce evidence if the offender intends to challenge the amount of restitution
2.14or specific items of restitution or their dollar amounts. This burden of production must
2.15include a detailed sworn affidavit of the offender setting forth all challenges to the
2.16restitution or items of restitution, and specifying all reasons justifying dollar amounts of
2.17restitution which differ from the amounts requested by the victim or victims. The affidavit
2.18must be served on the prosecuting attorney and the court at least five business days before
2.19the hearing. A dispute as to the proper amount or type of restitution must be resolved
2.20by the court by the preponderance of the evidence. The burden of demonstrating the
2.21amount of loss sustained by a victim as a result of the offense and the appropriateness of a
2.22particular type of restitution is on the prosecution.
2.23(b) An offender may challenge restitution, but must do so by requesting a hearing
2.24within 30 days of receiving written notification of the amount of restitution requested,
2.25or within 30 days of sentencing, whichever is later.Notice to the offender's attorney is
2.26deemed notice to the offender. The hearing request must be made in writing and filed
2.27with the court administrator. A defendant may not challenge restitution after the 30-day
2.28time period has passed.
1.3eliminating reimbursement report by Board of Public Defenders; modifying
1.4notice to offender for restitution;amending Minnesota Statutes 2012, sections
1.5590.02, subdivision 3; 611.20, subdivision 3; 611A.045, subdivision 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 590.02, subdivision 3, is amended to read:
1.8 Subd. 3. Filing. When a petition is filed pursuant to section
1.9
1.10petitioner's attorney. It shall be addressed to the district court of the judicial district in the
1.11county where the conviction took place.
1.12In those cases in which the petitioner is represented by counsel or in which the
1.13petitioner has filed a written waiver of right to counsel, the court administrator of the district
1.14court
1.15
1.16in the chief judge's behalf who shall promptly assign the matter to a judge in said district.
1.17 Sec. 2. Minnesota Statutes 2012, section 611.20, subdivision 3, is amended to read:
1.18 Subd. 3. Reimbursement. In each fiscal year, the commissioner of management
1.19and budget shall deposit the payments in the special revenue fund and credit them to a
1.20separate account with the Board of Public Defense. The amount credited to this account is
1.21appropriated to the Board of Public Defense.
1.22The balance of this account does not cancel but is available until expended.
1.23Expenditures by the board from this account for each judicial district public defense office
1.24must be based on the amount of the payments received by the state from the courts in
2.1each judicial district. A district public defender's office that receives money under this
2.2subdivision shall use the money to supplement office overhead payments to part-time
2.3attorneys providing public defense services in the district.
2.4
2.5
2.6
2.7
2.8
2.9
2.10 Sec. 3. Minnesota Statutes 2012, section 611A.045, subdivision 3, is amended to read:
2.11 Subd. 3. Dispute; evidentiary burden; procedures. (a) At the sentencing,
2.12dispositional hearing, or hearing on the restitution request, the offender shall have the
2.13burden to produce evidence if the offender intends to challenge the amount of restitution
2.14or specific items of restitution or their dollar amounts. This burden of production must
2.15include a detailed sworn affidavit of the offender setting forth all challenges to the
2.16restitution or items of restitution, and specifying all reasons justifying dollar amounts of
2.17restitution which differ from the amounts requested by the victim or victims. The affidavit
2.18must be served on the prosecuting attorney and the court at least five business days before
2.19the hearing. A dispute as to the proper amount or type of restitution must be resolved
2.20by the court by the preponderance of the evidence. The burden of demonstrating the
2.21amount of loss sustained by a victim as a result of the offense and the appropriateness of a
2.22particular type of restitution is on the prosecution.
2.23(b) An offender may challenge restitution, but must do so by requesting a hearing
2.24within 30 days of receiving written notification of the amount of restitution requested,
2.25or within 30 days of sentencing, whichever is later.
2.26
2.27with the court administrator. A defendant may not challenge restitution after the 30-day
2.28time period has passed.
