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SCS/SB 611 - This act modifies provisions relating to the public defender system. CONTRACT INDIGENT DEFENSE FUND The act creates the "Contract Indigent Defense Fund", consisting of moneys transferred from the state general revenue fund. Money from the fund shall be used to pay contract counsel to represent eligible indigent persons who are charged with a misdemeanor, a violation for passing a bad check, or a misdemeanor probation violation that will likely result in confinement in county jail and for which the constitution or law requires the appointment of counsel. Such probation violation must also possibly result in the charging of a separate offense. The money in the fund shall also be used to represent persons involved in criminal child support enforcement actions and persons who would normally be represented by a public defender, except that the public defender has a conflict of interest in such case. The contract indigent defense fund shall be administered by the Office of the Missouri State Public Defender, which shall have the authority to: 1) enter into contracts with qualified private counsel, 2) process contract counsel payments and litigation expense reimbursements; and 3) make rules necessary to administer the fund. Employees of the public defender system may not serve as contract counsel. NO REPRESENTATION REQUIRED FOR PROBATION VIOLATIONS No public defender or contract counsel shall be required to provide legal services to an eligible person for a probation violation unless such violation could result in the charging of a separate offense. SUSAN HENDERSON MOORE
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