[ Text of section effective until July 1, 2011. For text effective July 1, 2011, see below.]

  Section 2. The committee for public counsel shall establish a definition of "indigency'' for the purposes of this chapter and uniform standards and procedures for the determination by the courts of the commonwealth that (1) a person is indigent and is unable to obtain counsel or (2) said indigent person has the ability to pay a reduced fee for the appointment of counsel. Said definition and standards, and any amendments thereto, shall be subject to the approval of the supreme judicial court and shall be used by the courts of the commonwealth in determining assignment of cases to the committee pursuant to section five. In the formulation of said definition, standards, and procedures, the committee shall consider the reporting system operated by the commissioner of revenue for the purpose of verifying financial eligibility of participants in state or federally funded programs, and its potential applicability to the provision of legal services for indigent defendants. Payment of any reduced fee by an indigent person for the appointment of counsel shall be made to the probation department of the appointing court, and shall be forwarded to the state treasurer who shall deposit such in the general fund.

Chapter 211D: Section 2. Indigency; definition, standards and procedures for determination

[ Text of section as amended by 2011, 68, Sec. 112 effective July 1, 2011. See 2011, 68, Sec. 221. For text effective until July 1, 2011, see above.]

  Section 2. The committee for public counsel services shall establish a definition of "indigency'' for the purposes of this chapter and uniform standards and procedures for the determination by the courts of the commonwealth that: (1) a person is indigent and is unable to obtain counsel or (2) a person is indigent, but has the ability to pay a reduced fee for the appointment of counsel. The definition and standards, and any amendments thereto, shall be subject to the approval of the supreme judicial court and shall be used by the courts of the commonwealth in determining assignment of cases to the committee pursuant to section 5. In the formulation of the definition, standards and procedures, the committee shall utilize: (1) the reporting system operated by the commissioner of transitional assistance for the purpose of verifying financial eligibility of participants in state or federally funded programs; (2) the accessibility of income data available from the department of revenue; and (3) verifying material assets through the registry of motor vehicles.