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 percent 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 were 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 the court finds them financially unable to do so. Furthermore, it updates the reference to the repayment section in the context of appointing counsel for defendants unable to pay. The act is set to take effect on January 1, 2026, and is expected to have a fiscal impact on the state, with projected revenues and expenditures indicating a potential shortfall in the General Fund in the coming years.

Statutes affected:
Introduced: 604-A:2-c, 604-A:2-f, 604-A:10