This bill amends the repayment process 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 repayment obligation for juveniles ends when they reach the age of majority, unless they were tried as adults. The bill also includes provisions for defendants to petition the court for relief from repayment obligations if they can demonstrate financial inability to pay.

Key deletions from the current law include the stipulation that repayment is only required if the defendant is convicted, which has been removed. Instead, the bill emphasizes that defendants may be required to repay services unless the court finds them financially unable to do so. Furthermore, the bill updates references to the repayment process and establishes a new effective date of January 1, 2026. The fiscal impact of the bill is projected to result in increased revenue for the state, although expenditures may exceed revenue in the initial years as the Office of Cost Containment is reinstated and expanded to manage the repayment process.

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