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Statutes Text

Article - Criminal Procedure




§16–211.

    (a)    (1)    If it appears that an indigent individual has or reasonably expects to have means to meet some of the expenses for services rendered, the indigent individual shall reimburse the Office:

            (i)    by a single payment or in installments; and

            (ii)    in the amount that the indigent individual can reasonably be expected to pay.

        (2)    A default or failure by an indigent individual to make a payment may not affect the rendering of services to the indigent individual.

    (b)    The Central Collection Unit of the Department of Budget and Management, on behalf of the Public Defender and in the name of the State, shall do all things necessary to collect all reimbursement money due to the State for services rendered in accordance with this title.

    (c)    (1)    A court exercising criminal jurisdiction shall order a defendant to reimburse the State for services rendered to the defendant by the Public Defender as a term or condition of a sentence, judgment, or probation imposed by the court, unless the court:

            (i)    affirmatively finds that the defendant cannot make the reimbursement; and

            (ii)    waives the term or condition.

        (2)    The court shall establish the amount, time, and method of payment.

        (3)    In all other cases of reimbursement for services rendered, collection shall be made in accordance with subsection (b) of this section.

    (d)    (1)    A court exercising other than criminal jurisdiction shall order an indigent individual represented by the Public Defender to reimburse the State for the reasonable value of services rendered to the indigent individual in an amount that the indigent individual may reasonably be able to pay.

        (2)    If the indigent individual is a minor, the court shall order the parents, guardian, or custodian of the minor to reimburse the State for the reasonable value of services rendered in an amount that the parents, guardian, or custodian may reasonably be able to pay.

        (3)    The court shall establish the amount, time, and method of payment.

    (e)    Before ordering reimbursement under subsection (d) of this section, a court shall grant an opportunity to be heard to the indigent individual or the parents, guardian, or custodian of a minor.



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