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Minn. Stat. § 611.35

REIMBURSEMENT OF APPOINTED COUNSEL.

Known as the Incarceration and Exoneration Remedies Act

The act spans §§ 611.01 to 611.59 (61 sections).

Applied in 9 court decisions — leading case 87 Wash. 2d 814 - State v. Barklind (1976)

Most recently applied in State of Minnesota v. Andrew Will Alexander (October 2014)

1969 c 1002 s 1,2; 1986 c 444; 1995 c 226 art 2 s 30; 2007 c 61 s 16

How often courts cite this section

19761980199020002010201430
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

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.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.