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 an order 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.
(2) Costs repayable 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) Costs repayable under this section do not include costs imposed and paid under a previous order under ORS 151.487 (Ability to pay), but may include costs imposed under an order under ORS 151.487 (Ability to pay) that are unpaid at the time the judgment is filed.
(4) The court may not order 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.
(5) A person who has been ordered 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, the court may remit all or part of the amount due or modify the method of payment.
(6) Except for moneys payable under subsection (1) of this section pursuant to an order under ORS 151.487 (Ability to pay), all moneys collected or paid under this section shall be paid into the General Fund and credited to the Criminal Fine and Assessment Account.
(7) Any part of the costs ordered to be paid under this section that is not paid may be enforced against the person as provided in ORS 137.450 (Enforcement of money judgment in criminal action) if the judgment is a judgment in a criminal action or in the same manner as unpaid costs may be enforced under ORS 151.487 (Ability to pay). [1997 c.761 §2; 2001 c.962 §39; 2003 c.334 §§1,2; 2003 c.449 §§18,19]
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.
[Reserved for expansion]
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