Section 16-211 - Reimbursement for services.
§ 16-211. Reimbursement for services.
(a) In general.-
(1) If it appears that an indigent individual has or reasonably expects to have means to meet some of the expenses for services rendered, the indigent individual shall reimburse the Office:
(i) by a single payment or in installments; and
(ii) in the amount that the indigent individual can reasonably be expected to pay.
(2) A default or failure by an indigent individual to make a payment may not affect the rendering of services to the indigent individual.
(b) Department of Budget and Management to seek reimbursement.- The Central Collection Unit of the Department of Budget and Management, on behalf of the Public Defender and in the name of the State, shall do all things necessary to collect all reimbursement money due to the State for services rendered in accordance with this title.
(c) Reimbursement in criminal cases.-
(1) A court exercising criminal jurisdiction shall order a defendant to reimburse the State for services rendered to the defendant by the Public Defender as a term or condition of a sentence, judgment, or probation imposed by the court, unless the court:
(i) affirmatively finds that the defendant cannot make the reimbursement; and
(ii) waives the term or condition.
(2) The court shall establish the amount, time, and method of payment.
(3) In all other cases of reimbursement for services rendered, collection shall be made in accordance with subsection (b) of this section.
(d) Reimbursement in civil and juvenile cases.-
(1) A court exercising other than criminal jurisdiction shall order an indigent individual represented by the Public Defender to reimburse the State for the reasonable value of services rendered to the indigent individual in an amount that the indigent individual may reasonably be able to pay.
(2) If the indigent individual is a minor, the court shall order the parents, guardian, or custodian of the minor to reimburse the State for the reasonable value of services rendered in an amount that the parents, guardian, or custodian may reasonably be able to pay.
(3) The court shall establish the amount, time, and method of payment.
(e) Opportunity to be heard.- Before ordering reimbursement under subsection (d) of this section, a court shall grant an opportunity to be heard to the indigent individual or the parents, guardian, or custodian of a minor.
[An. Code 1957, art. 27A, § 7(c), (f)-(h); 2008, ch. 15, § 2.]