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Ind. Code § 33-40-3-7

Payment by defendant for cost of public defender services; considerations

Applied in 2 court decisions — leading case Jones v. State (2010)

Most recently applied in Jones v. State (December 2010)

As added by P.L.98-2004, SEC.19

Sec. 7. (a) If a defendant is receiving publicly paid representation, the court shall consider:

(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;

(2) the person's income;

(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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.