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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.
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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.
Notes of Decisions
Cited in
9
cases, 1976–2014 · leading case:
State v. Richards, 552 N.W.2d 197 (Minn. 1996).
State v. Richards, 552 N.W.2d 197 (Minn. 1996).
· cites it 2× “Minn.Stat. § 611.35, subd. 1 (1994). *211 However, no recovery of the salaries paid prosecuting attorneys is allowed.”
State v. Barklind, 557 P.2d 314 (Wash. 1976).
· cites it 2× “1975); Minn. Stat. Ann. § 611.35 (Supp. 1976); Nev.”
State v. Larson, 374 N.W.2d 329 (Minn. Ct. App. 1985).
· cites it 10× “53 (1984) in conjunction with another statute, Minn. Stat. § 611.35 (1984), and Minnesota Rule of Criminal Procedure 5.”
Foster v. State, 416 N.W.2d 835 (Minn. Ct. App. 1987).
· cites it 10× “See Minn.Stat. § 611.35, subd. 1 (1986). The public defender’s office should have informed the court that Foster was not eligible to receive its services.”
State v. Mozeley, 450 N.W.2d 149 (Minn. Ct. App. 1990).
· cites it 10× “This court in an unpublished opinion affirmed Mozeley’s convictions for attempted first-degree murder and conspiracy to commit first-degree murder, reversed a prior reimbursement order and remanded for the hearing required by Minn.Stat. § 611.35 (1988). We affirm in part,…”
State of Minnesota v. Andrew Will Alexander, 855 N.W.2d 340 (Minn. Ct. App. 2014).
· cites it 2× “Under Minn.Stat. § 611.35, subd. 1 (2012), Any person who is represented by appointive counsel shall, if financially able to pay, reimburse the governmental unit chargeable with the compensation of appointive counsel for the actual costs to the governmental unit in providing the…”
State v. Niemczyk, 400 N.W.2d 401 (Minn. Ct. App. 1987).
· cites it 2× “See Minn.Stat. § 611.35, subd. 1 (1984) (reimbursement of public defender); cf Minn.”
State v. Wolf, 413 N.W.2d 620 (Minn. Ct. App. 1987).
· cites it 2× “Reimbursement for costs of public defender services is authorized by Minn. Stat. § 611.35 , subd. 1 (1986). The statute provides, in relevant part: Any person who is represented by a public defender or appointive counsel shall, if financially able to pay, reimburse the…”
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