New Hampshire § 604-A:2-f Appointment of Counsel for Nonpayment or Nonperformance

New Hampshire Statutes

§ 604-A:2-f — Appointment of Counsel for Nonpayment or Nonperformance

New Hampshire § 604-A:2-f

Title LIXPROCEEDINGS IN CRIMINAL CASES

Ch. 604-AADEQUATE REPRESENTATION FOR INDIGENT DEFENDANTS IN CRIMINAL CASES

This text of New Hampshire § 604-A:2-f (Appointment of Counsel for Nonpayment or Nonperformance) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 604-A:2-f (2026).

Text

I. No defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing. Incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service. II. Prior to conducting an ability to pay or ability to perform final hearing, the court shall:

(a)Provide the defendan

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I. No defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing. Incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service.
II. Prior to conducting an ability to pay or ability to perform final hearing, the court shall:
(a) Provide the defendant with a financial statement under oath and direct the defendant to complete the financial statement under oath;
(b) Inform the defendant that he or she may be immediately incarcerated if the court finds that he or she has willfully failed to comply with the court's prior order to pay an assessment or perform community service;
(c) Inform the defendant that he or she is entitled to counsel for the final hearing in which incarceration is a possible outcome and, if the defendant cannot afford one, the court will appoint one; and
(d) Explain the issues to be decided at the final hearing as well as the process provided.
III. The court shall appoint counsel to represent an indigent defendant at a final hearing on an ability to pay or perform held pursuant to this section if incarceration is a possible outcome of the final hearing.
IV. [Repealed.]