Indiana Code 33-40-3-7. Payment by defendant for cost of public defender services; considerations
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Sec. 7. (a) If a defendant is receiving publicly paid representation, the court shall consider:
(2) the person’s income;
(1) the person’s independently held assets and assets available to the spouse of the person or the person’s parent if the person is unemancipated;
Terms Used In Indiana Code 33-40-3-7
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(3) the person’s liabilities; and
(4) the extent of the burden that payment of costs assessed under section 6 of this chapter would impose on the person and the dependents of the person.
(b) If, after considering the factors described in subsection (a), the court determines that the person is able to pay the costs of representation, the court shall enter a finding that the person is able to pay those additional costs.
[Pre-2004 Recodification Citation: 33-9-11.5-7.]
As added by P.L.98-2004, SEC.19. Amended by P.L.151-2023, SEC.6.