Indiana § 33-40-3-7 Payment by defendant for cost of public defender services;
considerations

Indiana Statutes

§ 33-40-3-7 — Payment by defendant for cost of public defender services; considerations

Indiana·Art. 40 PUBLIC DEFENDERS·Ch. 3 Supplemental Funding for Public Defender Services

(a)If a defendant is receiving publicly paid representation, the court shall consider:

(1)the person's independently held assets and assets available to the spouse of the person or the person's parent if the person is unemancipated;

(2)the person's income;

(3)the person's liabilities; and

(4)the extent of the burden that payment of costs assessed under section 6 of this chapter would impose on the person and the dependents of the person.

(b)If, after considering the factors described in subsection (a), the court determines that the person is able to pay the costs of representation, the court shall enter a finding that the person is able to pay those additional costs. [Pre-2004 Recodification Citation: 33-9-11.5-7.]

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(a) If a defendant is receiving publicly paid
representation, the court shall consider:
(1) the person's independently held assets and assets available to
the spouse of the person or the person's parent if the person is
unemancipated;
(2) the person's income;
(3) the person's liabilities; and
(4) the extent of the burden that payment of costs assessed under
section 6 of this chapter would impose on the person and the
dependents of the person.
(b) If, after considering the factors described in subsection (a), the
court determines that the person is able to pay the costs of
representation, the court shall enter a finding that the person is able to
pay those additional costs.
[Pre-2004 Recodification Citation: 33-9-11.5-7.]

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