H1768 — An Act related to indigency

Summary

An Act related to indigency

Bill Text

• Full text Current

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill revises definitions and procedures related to indigency status in the legal system.

• Section 27A of chapter 261

  “indigent” → 'Indigent', (a) a person who receives one of the following types of public assistance: transitional aid to families with dependent children, emergency aid to elderly, disabled and children, supplemental nutrition assistance program benefits, refugee cash assistance, need-based veterans' benefits or SSI state supplemental program benefits; (b) a person whose income, after taxes, is 125 per cent or less of the current poverty guidelines established annually by the Department of Health and Human Services pursuant to Section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)), as amended; or (c) a person who is unable to pay the fees and costs of the proceeding in which they are involved or is unable to do so without depriving themselves or their dependents of the necessities of life, including food, shelter and clothing, but an inmate shall not be adjudged indigent pursuant to section 27C unless the inmate has complied with the procedures set forth in section 29 and the court finds that the prisoner is incapable of making payments under the plans set forth in said section 29.

  This change provides a more detailed and structured definition of 'indigent' for individuals qualifying for assistance.

• Section 2A of Chapter 211D

  the second paragraph of subsection (c) → Any time the court receives information causing its determination of a person’s indigency status to be in doubt, the court shall order the chief probation officer or the officer's designee to reassess the financial circumstances of the person to ensure that the person meets the definition of indigency. The chief probation officer or the officer's designee shall prepare, sign and file a written report certifying that the person meets, or does not meet, the definition of indigency.

  This change mandates reassessment of a person's indigency status when doubts arise, enhancing scrutiny of financial circumstances.

• Section 2A of Chapter 211D

  , other than the bi-annual reassessments required by the defendant’s representation for the first offense,

  This change removes a specific limitation on reassessments, allowing for more frequent evaluations of indigency.

• Section 2A of Chapter 211D

  subsections (f), (g) and (h)

  This change eliminates certain subsections, potentially streamlining the process or removing outdated provisions.

• Section 2A of Chapter 211D

  subsection (i) → (i) The office of the commissioner of probations hall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to: (a) the number of individuals claiming indigency who are determined to be indigent; (b) the number of individuals claiming indigency who are determined not to be indigent; (c) the number of individuals found to have misrepresented wage, tax or asset information; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency required by this section; and (e) other pertinent information to ascertain the effectiveness of indigency verification procedures. The information within such reports shall be delineated by court division and delineated further by month.

  This change requires quarterly reporting on indigency determinations and related metrics, improving transparency and accountability.

Sponsors

• Daniel J. Hunt · Primary

Subjects