Sec. 51-298. Reimbursement of commission by financially able defendants. Actions by Attorney General.
Sec. 51-298. Reimbursement of commission by financially able defendants.
Actions by Attorney General. (a)(1) If at any time, either during or after the disposition
of his case, a defendant who is receiving or has received public defender services based
on his indigency becomes financially able to meet all or some part of the cost of the
services rendered to him, he shall be required to reimburse the commission, in such
amounts as he can reasonably pay, either by a single payment or by installments of
reasonable amounts, in accordance with a schedule of charges for public defender services prepared by the commission. (2) Difficulty or failure in the making of payment
shall not reduce or in any way affect the rendering of public defender services to the
person.
(b) The commission shall have a claim against any person represented by a public
defender, assistant public defender or deputy assistant public defender pursuant to this
chapter, for the reasonable value of services rendered to him, as determined in accordance with the schedule of reasonable charges for public defender services provided by
the commission. The claim shall be enforceable by civil action brought in the name of
the state on behalf of the commission by the Attorney General, at any time within ten
years from the last date on which any services were rendered. Money so recovered shall
be repaid to the commission. The Attorney General shall do all things necessary and
proper to collect all money due to the commission by way of reimbursement for services
rendered pursuant to this chapter. He shall have all the remedies and may take all necessary proceedings for the collection of amounts due which may be had or taken for or
upon the recovery of a judgment in a civil action and may institute and maintain any
action or proceeding in the courts necessary therefor. In any such proceedings or action,
the defendant may contest the value of the services rendered pursuant to this chapter
by any public defender, assistant public defender or deputy assistant public defender.
(c) The Attorney General may compromise and make settlement of, or with the
concurrence of the Chief Public Defender, forego any claims for services performed for
any person pursuant to this chapter whenever the financial circumstances of a person
are such that the best interest of the state will be served by such action.
(P.A. 74-317, S. 9, 14; P.A. 76-436, S. 581, 681; P.A. 82-248, S. 150.)
History: P.A. 76-436 applied provisions to deputy assistant public defenders, effective July 1, 1978; P.A. 82-248
rephrased the section but made no substantive changes.