(1) At the conclusion of a case or matter in which the first accusatory instrument or petition in the trial court was filed after January 1, 1998, and in which the court appointed counsel to represent a person, a trial, appellate or post-conviction court may include in its judgment a money award requiring that the person repay in full or in part the administrative costs of determining the eligibility of the person for appointed counsel, and the costs of the legal and other services that are related to the provision of appointed counsel, that have not previously been required to be paid under a limited judgment entered under ORS § 151.487. An award under this section is a monetary obligation payable to the state.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

(2) Costs that may be included in a money award under this section include a reasonable attorney fee for counsel appointed to represent the person and a reasonable amount for expenses authorized under ORS § 135.055. A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the Oregon Public Defense Commission under ORS § 151.216. For purposes of this subsection, compensation of counsel is determined by reference to a schedule of compensation established by the commission.

(3) The court may not require a person to pay costs under this section unless the person is or may be able to pay the costs. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the person and the nature of the burden that payment of costs will impose.

(4)(a) A person who has been required to pay costs under this section and who is not in contumacious default in the payment of the costs may at any time petition the court for remission of the payment of costs or any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the person ordered to repay or on the immediate family of the person, or will interfere with the ability of the person to complete an alcohol or drug treatment program, the court may enter a supplemental judgment that remits all or part of the amount due or modifies the method of payment.

(b) In accordance with ORS § 144.089, a person may enter into a written agreement to participate in a community service exchange program as an alternative to paying costs imposed under this section.

(5) All moneys collected or paid under a money award made pursuant to this section shall be paid into the Criminal Fine Account. If the money award is part of a criminal judgment of conviction, the award is a Type 2, Level II obligation for the purpose of ORS § 137.145 to 137.159. [1997 c.761 § 2; 2001 c.962 § 39; 2003 c.334 1,2; 2003 c.449 18,19; 2011 c.597 § 43; 2015 c.186 § 2; 2017 c.522 § 2; 2023 c.281 § 39]

151.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 151 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Temporary provisions relating to unrepresented defendant crisis)

Sections 103, 104, 107 and 108, chapter 281, Oregon Laws 2023, provide:

The Legislative Assembly finds that:

(1) Oregonians accused of a crime are entitled, under the Sixth and Fourteenth Amendments of the United States Constitution, and Article I, section 11, of the Oregon Constitution, to have an attorney provided at government expense whenever the person is facing the potential loss of liberty and is unable to afford an attorney.

(2) The current unrepresented defendant crisis represents a threat to the constitutional rights of Oregonians and must be resolved. [2023 c.281 § 103]

(1)(a) The presiding judge of each judicial district shall immediately develop and implement a coordinated public safety unrepresented defendant crisis plan, and submit the plan to the Oregon Criminal Justice Commission, as soon as practicable and no later than September 1, 2023.

(b) The plan described in this subsection must first prioritize the resolution of the cases of unrepresented defendants who are in custody, and then the cases of unrepresented defendants who are out of custody.

(2) The presiding judge of a judicial district with a total population of over 100,000 shall immediately convene a crisis team to assist in the development of the plan and to coordinate the implementation of the plan described in subsection (1) of this section. The team shall be composed of at least the following persons:

(a) The presiding judge of the judicial district;

(b) District attorneys within the judicial district; and

(c) The public defense services executive director, or the director’s designee.

(3) The Chief Justice of the Supreme Court may issue orders related to resolving the unrepresented defendant crisis.

(4) The presiding judge of a judicial district may enter standing orders related to resolving the unrepresented defendant crisis that are consistent with the orders of the Chief Justice described in subsection (3) of this section and the plan of the judicial district described in subsection (1) of this section. [2023 c.281 § 104]

All agencies of state government, as defined in ORS § 174.111, are directed to assist the presiding judges of judicial districts, the Public Defense Services Commission and the Oregon Criminal Justice Commission in the performance of their duties under sections 104 to 106 of this 2023 Act and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice to the judges and commissions necessary to perform their duties. [2023 c.281 § 107]

Sections 103 to 107 of this 2023 Act are repealed on June 30, 2025. [2023 c.281 § 108]