§ 33-40-3-6 — Payment by defendant for cost of public defender services; deposit of payments collected; maximum costs

Indiana § 33-40-3-6

• Jurisdiction: Indiana
• Art. 40: PUBLIC DEFENDERS
• Ch. 3: Supplemental Funding for Public Defender Services

Text

(a) Subject to subsection (e), if at any stage of
a prosecution for a felony or a misdemeanor the court makes a finding
of ability to pay the costs of representation under section 7 of this
chapter, the court shall require payment by the person of the following
costs in addition to other costs assessed against the person:
(1) Reasonable attorney's fees if an attorney has been appointed
for the person by the court.
(2) Costs incurred by the county as a result of court appointed
legal services rendered to the person.
(b) The clerk of the court shall deposit costs collected under this
section into the supplemental public defender services fund established
under section 1 of this chapter.
(c) A person ordered to pay any part of the costs of representation
under subsection (a) has the same rights and protections as those of
other judgment debtors under the Constitution of the State of Indiana
and under Indiana law.
(d) The sum of:
(1) the fee collected under IC 35-33-7-6;
(2) any amount assessed by the court under this section; and
(3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.
(e) A court may not require payment for costs or fees under this
section for a child alleged to be a delinquent child.
[Pre-2004 Recodification Citation: 33-9-11.5-6.]

Legislative History

As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023, SEC.5.