This bill aims to abolish the repayment requirement and recoupment procedures for indigent criminal defendants who are appointed counsel. It modifies the determination of a defendant's financial ability to obtain counsel by comparing their assets and income against the minimum cost of hiring qualified private counsel. The bill specifically removes the requirement for courts to establish repayment schedules for indigent defense costs and eliminates provisions that mandate defendants to repay the state for legal counsel fees if they are unable to afford them. The language that is deleted includes references to repayment under RSA 604-A:9, I(b), and the rules regarding repayment schedules and financial investigations.
Additionally, the bill repeals several sections of the law, including RSA 604-A:2-a, RSA 604-A:2-d, and RSA 604-A:9, which pertain to inquiries and liabilities regarding appointed counsel for indigent defendants. The fiscal impact of this bill is significant, with an estimated reduction in state revenue and expenditures related to the Office of Cost Containment, which will no longer be necessary due to the elimination of its cost recovery functions. The Department of Administrative Services anticipates that the operational budget for this office, which currently employs four staff members, will be eliminated, resulting in savings of approximately $371,094 for FY26 and $383,554 for FY27.
Statutes affected: Introduced: 604-A:2-c, 604-A:2-f, 604-A:10