This bill amends the repayment requirements for counsel fees for indigent criminal defendants, reinstating a previous law that allows the state to require 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 fees and expenses incurred, based on their ability to pay as determined by the unit of cost containment. Additionally, the bill allows for a service charge of up to 10% on the total amount owed. The provisions also apply to juveniles charged with delinquency, with repayment obligations ceasing when they reach the age of majority, unless they are tried as adults.

The bill also modifies the language regarding the notification of potential repayment obligations, removing the stipulation that repayment is contingent upon conviction. Instead, it clarifies that defendants may be required to repay unless they are found financially unable to do so. Furthermore, it updates the reference to the relevant section of the law regarding the court's authority to relieve defendants from repayment obligations if they are financially unable to pay. The act is set to take effect on January 1, 2026, and is expected to have a significant fiscal impact, with estimated revenues and expenditures projected for the upcoming fiscal years.

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