Louisiana Revised Statutes 15:176 – Partial reimbursement by indigents
Terms Used In Louisiana Revised Statutes 15:176
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- District indigent defender fund: means the judicial district indigent defender fund as provided for in Louisiana Revised Statutes 15:143
- District office: means the office of a district public defender as provided for in Louisiana Revised Statutes 15:143
- indigent defender: means an attorney employed by or under contract with the board, the office, or a district public defender to provide legal counsel to an indigent person in a criminal proceeding. See Louisiana Revised Statutes 15:143
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Office: means the office of the state public defender authorized to:
(a) Regulate and fund public defender services and provide financial support to other service programs that provide services to persons adjudicated in the criminal justice system. See Louisiana Revised Statutes 15:143
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
A. To the extent that a person is financially able to provide for an attorney, other necessary services, and facilities of representation and court costs, the court shall order him to pay for these items. The court may order payment in installments, or in any manner which it believes reasonable and compatible with the defendant‘s financial ability.
B.(1) Payments so made shall be transmitted to and become a part of the indigent defender fund of the district in which the person is prosecuted.
(2) The district public defender, or service region, where applicable, shall have the authority to recoup funds expended under this Section through the refund offset provisions pursuant to La. Rev. Stat. 47:299.1 through 299.20.
C.(1) When an accused is initially determined to be indigent and appointed counsel but subsequently hires private counsel, the court shall conduct a contradictory hearing to determine the expenses of representing the accused incurred by the district office or the service region, where applicable. Upon determining the expenses incurred, the accused shall, within the discretion of the court, be liable to reimburse the district office or service region, where applicable, those expenses, upon a determination that the accused was in fact not initially indigent. A judgment for the amount owed may be recorded in the mortgage records in favor of the board for the payment of money against the accused and may be enforced as provided by law.
(2) All funds received by the district office shall be deposited into the judicial district indigent defender fund as provided for in La. Rev. Stat. 15:168.
(3) Failure of the accused to disclose the full amount involved in the hiring shall constitute grounds for contempt of court.
Acts 2007, No. 307, §1.