2017 ORS 151.505¹
Authority of court to order repayment of costs related to provision of appointed counsel

(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 (Ability to pay). An award under this section is a monetary obligation payable to the state.

(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 (Compensation and expenses of appointed counsel). A reasonable attorney fee is presumed to be a reasonable number of hours at the hourly rate authorized by the Public Defense Services Commission under ORS 151.216 (Duties). 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 (Community service exchange programs), 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 (Definitions for ORS 137.145 to 137.159) to 137.159 (Level V obligations in circuit court judgments). [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]

Note: 151.505 (Authority of court to order repayment of costs related to provision of appointed counsel) 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.

CHAPTER 152

[Reserved for expansion]

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Notes of Decisions

Prevailing party fees awarded under ORS 20.190 (Prevailing party fees) are not “costs” for purposes of requiring that court find defendant able to pay. McLemore v. Schiedler, 192 Or App 358, 85 P3d 344 (2004)

Court cannot impose fees where record says nothing about whether defendant is or may be able to pay fees. State v. Pendergrapht, 251 Or App 630, 284 P3d 573 (2012)

1 Legislative Counsel Committee, CHAPTER 151—Public Defenders; Counsel for Financially Eligible Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors151.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 151, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano151.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.