This bill amends the existing law regarding the repayment of counsel fees for indigent criminal defendants, reverting to a previous version that allows for repayment regardless of whether the defendant is convicted. The new legal language specifies that any adult defendant assigned counsel at the state's expense must repay the state for the fees and expenses incurred, based on a schedule established by the cost containment unit, and consistent with the defendant's ability to pay. Additionally, the bill introduces a service charge of up to 10 percent on the total amount owed. It also clarifies that juvenile defendants and those liable for their support are subject to similar repayment requirements, with the stipulation that liability ends when the juvenile reaches adulthood, unless tried as an adult.

The bill removes the previous requirement that repayment is contingent upon conviction, as indicated by the deletion of the phrase "IF I AM CONVICTED" from the notice that defendants must acknowledge when applying for court-appointed counsel. Furthermore, it repeals certain sections of the law related to the repayment process and the role of the Office of Cost Containment, effectively eliminating its operational budget and staff. The bill is set to take effect on January 1, 2026, and is projected to have a significant fiscal impact, reducing state revenue and expenditures related to the recoupment of legal defense costs.

Statutes affected:
Introduced: 604-A:2-c, 604-A:2-f, 604-A:10
As Amended by the House: 604-A:9, 604-A:2-f