Section 5238 - Co-payment and reimbursement orders(a) On or before June 1 of each year, the Defender General shall calculate an average direct cost per case of representation extended in the preceding calendar year by category of case. The categories of cases for which calculations are made shall be: felonies; misdemeanors; postconviction and miscellaneous criminal-related proceedings, including violations of probation, extraditions, and habeas corpus; juvenile proceedings, not including juvenile delinquency proceedings; and appeals. The calculations shall be based on all representation supported by the budget of the Defender General whether provided by public defenders, contractors or assigned counsel. The administrative costs of running the Office of Defender General shall not be included in the calculation.(b) The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $50.00. This assignment fee shall be paid within 60 days of assignment of counsel. If the court finds that the income of the person and cohabiting family members for the past year equaled or exceeded 125 percent of the federal poverty level applicable to their family size, the balance to be paid by the person found eligible, when added to the minimum assignment fee, shall be equal to the amount calculated according to the following chart: INCOME AS A PERCENTAGE OF FEDERAL POVERTY LEVEL APPLICABLE TO FAMILY SIZE | DEFENDANT'S PERCENTAGE OF AVERAGE DIRECT COST PER CASE FOR CATEGORY OF CASE |
125-150% | 25% |
151-175 | 50 |
176-200 | 75 |
over 200 | 100 |
(c) The amount to be paid under subsection (b) of this section shall be divided by the court between a co-payment and reimbursement amount. A separate payment amount shall be calculated for each proceeding. If a defendant is charged with more than one related offense, the court may impose one payment amount calculated based on the category of case for the offense with the highest possible punishment.(d) To the extent that the court finds that the eligible person has income or assets available to enable payment of an immediate co-payment, it shall order such a co-payment to cover in whole or in part the amount of the costs of representation to be borne by the eligible person. The co-payment shall be paid to the clerk of the court. Any portion of the co-payment not paid to the clerk may be included in a reimbursement order.(e) The remainder of the amount to be paid by the person found eligible shall be ordered to be paid in a reimbursement order. Unless the court extends the time because the eligible person is incarcerated or good cause is shown, the reimbursement amount shall become due 60 days from the date of the order.(f) A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.(g) A juvenile shall not be ordered to pay any part of the cost of representation.(h) A copayment or reimbursement order under this section shall be made by the clerk of the court or any other judicial officer of the court. The applicant, the State, or the Office of the Defender General may appeal the order to a single Justice of the Supreme Court of this State, in accordance with the rules of the Supreme Court.Added 1991, No. 231 (Adj. Sess.), § 2; amended 1993, No. 60, § 57a; 1995, No. 77 (Adj. Sess.), § 9, eff. 3/21/1996; 2011, No. 128 (Adj. Sess.), § 38; 2015, No. 133 (Adj. Sess.), § 2, eff. 5/25/2016.