N.H. Admin. Code § Adm 1005.01

Current through Register No. 45, November 7, 2024
Section Adm 1005.01 - Repayment of the Cost of Appointed Counsel
(a) An adult defendant for whom counsel has been appointed and for whom a repayment order has been issued by the court on or before June 30, 2020, shall reimburse the state, as specified in (d) and (e), below, through the office of cost containment the minimum liability for legal expenses established by presiding judge's order, provided that the sum ordered does not exceed the actual cost to the state of the defendant's representation together with any service charge made pursuant to Adm 1005.04(a)(2).
(b) On or after July 1, 2020, a defendant for whom counsel has been appointed and who has been convicted, shall reimburse the state, as specified by the court, through the office of cost containment or, in the case of a defendant placed on probation or sentenced to a period of conditional discharge, through the department of corrections, the minimum liability for legal expenses established by presiding judge's order, provided that the sum ordered does not exceed the actual cost to the state of the defendant's representation together with any service charge made pursuant to Adm 1005.04(a)(2).
(c) Pursuant to RSA 604-A:9, I-a, the liability to reimburse the state for the cost of state-paid defense services and expenses imposed on any person obligated under RSA 604-A:2-a to support a juvenile defendant shall cease when the juvenile reaches the age of majority, except when the juvenile was certified and tried as an adult.
(d) For repayment orders issued on or before June 30, 2020, a defendant shall meet his or her minimum liability for legal expenses by:
(1) Paying to the office of cost containment an initial payment and monthly installments totaling an amount equal to one half of the sum reached by performing the calculation set forth in (e) below, rounded down to the nearest $5.00 value; or
(2) Making payments in accordance with any adjustments made to the payment schedule or the amount of the payments pursuant to Adm 1005.03.
(e) The initial payment and the installment payments to be made pursuant to (d)(1) above shall be calculated as follows:
(1) Add the amount provided by the defendant in response to Adm 1003.02(d)(5) to the amount provided by the defendant in response to Adm 1003.02(e)(4);
(2) Then add together:
a. The amount supplied by the defendant in response to Adm 1003.02(g)(3);
b. The amount supplied by the defendant in response to Adm 1003.02(h)(5);
c. The amount supplied by the defendant in response to Adm 1003.02(i)(5);
d. As an allowed living expense, the amount of $250.00; and
e. The product of the number of dependents listed by the defendant in response to Adm 1003.02(c) multiplied by $100.00; and
(3) Finally, subtract the sum resulting from the addition described in (2) above from the sum resulting from the addition described in (1) above.

N.H. Admin. Code § Adm 1005.01

(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06

Amended byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10728, Effective 10/25/2014, Expires10/25/2024.
Amended by Volume XL Number 24, Filed June 11, 2020, Proposed by #13050, Effective 7/1/2020, Expires 7/1/2030