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      CHC 321     


Art. 321.  Partial reimbursement by indigent adults

A.  To the extent that a person is financially able to provide for an attorney, other necessary services and facilities of representation, and court costs, the court shall order him to pay for these items.  The court may order payment in installments or in any manner which it believes reasonable and compatible with the person's financial ability.

B.  Any payments shall be transmitted to and become a part of the public defender fund of the district in which the proceeding is pending.

C.  When a person, who was initially determined to be indigent and was appointed counsel, subsequently hires private counsel, the court shall conduct a contradictory hearing to determine:

(1)  Whether he was in fact indigent when counsel was previously appointed.

(2)  What charges were incurred in retaining counsel.

(3) What expenses have been incurred by the district public defender or other appointed counsel.

D.  Upon determining the expenses incurred, the court may hold the person liable to the district public defender or other appointed counsel for reimbursement of all or part of those expenses.  A judgment for the amount owed may be recorded in the mortgage records and may be enforced as provided by law.

E.  If the court finds that the parents are financially able, it may order them to reimburse the appointed counsel or district public defender's office for some or all of the costs of representing the child that are incurred before retained counsel has enrolled as counsel of record.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2007, No. 307, §9; Acts 2010, No. 593, §1.

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