(1) Due process services may not be provided with state revenues to an individual unless the individual on whose behalf the due process services are being provided is eligible for court-appointed counsel under s. 27.40, based upon a determination of indigency under s. 27.52, regardless of whether such counsel is appointed or the individual on whose behalf the due process services are being provided is eligible for court-appointed counsel under s. 27.40 and has been determined indigent for costs pursuant to s. 27.52. (2) Notwithstanding subsection (1), state revenues may be used by the state courts system to provide court-appointed interpreting services to nonindigent individuals if funds are available in the fiscal year appropriation for due process services and if interpreting services are provided as prescribed by the Supreme Court.
