SP0558
LD 1659		 PUBLIC Law, Chapter 547

Signed on 2012-03-29 00:00:00.0 - Second Regular Session - 125th Maine Legislature
 
  
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An Act To Facilitate Recovery of Debts Owed to the State for Indigent Legal Services

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 4 MRSA §1806, sub-§1, ¶D  is enacted to read:

D.  "Case information" means:

(1) The court in which a case is brought;

(2) Any criminal charges or juvenile crime charges and the type, but not the contents, of any petition giving rise to a case;

(3) The docket number;

(4) The identity of assigned counsel and the date of assignment;

(5) The withdrawal of assigned counsel and the date of withdrawal; and

(6) Any order for reimbursement of assigned counsel fees.

Sec. 2. 4 MRSA §1806, sub-§3  is enacted to read:

3.  Confidential information disclosed by the Judicial Department.   The Judicial Department may disclose to the commission confidential information necessary for the commission to carry out its functions, including the collection of amounts owed to reimburse the State for the cost of assigned counsel, as follows:
A.  Case information and individual client information with respect to court proceedings that are confidential by statute or court rule in which one or more parties are represented by assigned counsel; and
B.  The name, address, date of birth and social security number of any person ordered by the court to reimburse the State for some or all of the cost of assigned counsel.

This information remains confidential in the possession of the commission and is not open to public inspection, except that the names of criminal defendants and the names of juvenile defendants charged with offenses that if committed by an adult would constitute murder or a Class A, Class B or Class C crime are not confidential.

Sec. 3. 36 MRSA §5276-A, sub-§8,  as enacted by PL 1985, c. 501, Pt. B, §21, is amended to read:

8. Disclosure of information.   In any civil or criminal action in which a fine, forfeiture, order to pay or money judgment is entered in favor of the State or any agency or department thereof, or in any action in which counsel is appointed assigned for an indigent party, the court may require the party so indebted to the State, its agencies or department, or the party for whom counsel has been appointed assigned, to provide that party's social security number and other financial information under oath and on such forms as may be prepared by the Judicial Department in order to effectuate the purposes of this section. The Judicial Department may disclose social security numbers and financial information obtained in accordance with this subsection to agencies or departments of the State and to private collection agencies working under contract for the State for the purpose of collection of the amounts owed. A person who has access to or receives social security numbers or other financial information under this subsection shall maintain the confidentiality of the information and use it only for the purposes for which it was disclosed and may not further disclose it.

Effective 90 days following adjournment of the 125th Legislature, Second Regular Session, unless otherwise indicated.

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