TITLE 19

CRIMINAL PROCEDURE

CHAPTER 60

STATE PUBLIC DEFENDER ACT

19-6015.  Reimbursement — When authorized. (1) The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this chapter:

(a)  To which he was not entitled;

(b)  With respect to which he was not an indigent person when he received it; or

(c)  With respect to which he has failed to make the certification required under section 19-6011, Idaho Code, and for which he refuses to pay or reimburse. Suit must be brought within five (5) years after the date on which the aid was received.

(2)  The attorney general or the appropriate county prosecutor may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered under subsection (1) of this section who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to pay or reimburse for legal assistance without manifest hardship according to the standards of ability to pay applicable under sections 19-6009 and 19-6011, Idaho Code, but refuses to do so. Suit must be brought within three (3) years after the date on which the benefit was received.

(3)  Amounts recovered under this section shall be paid into the state public defense fund pursuant to section 57-827, Idaho Code.

History:

[(19-6015) 19-858, added 1967, ch. 181, sec. 8, p. 599; am. 2013, ch. 220, sec. 8, p. 518; am. 2022, ch. 318, sec. 56, p. 1029; am. and redesig. 2023, ch. 220, sec. 11, p. 673.]