Idaho Statutes

Idaho Statutes are updated to the web July 1 following the legislative session.

pecnv.out

TITLE 19
CRIMINAL PROCEDURE
CHAPTER 8
EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
19-858.  Reimbursement to county — When authorized. [effective until october 1, 2024] (1) The prosecuting attorney of each county may, on behalf of the county, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this act:
(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 19-854, 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 prosecuting attorney of each county may, on behalf of the county, 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 act and who, on the date on which suit is brought, is financially able to pay or reimburse the county for it without manifest hardship according to the standards of ability to pay applicable under sections 19-851, 19-852 and 19-854, 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 county general fund.

19-858.  Reimbursement — When authorized. [effective october 1, 2024] (1) The attorney general 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 19-854, 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 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 the county for it without manifest hardship according to the standards of ability to pay applicable under sections 19-851, 19-852 and 19-854, 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:
[19-858, added 1967, ch. 181, sec. 8, p. 599; am. 2013, ch. 220, sec. 8, p. 518; am. 2022, ch. 318, sec. 56, p. 1029.]


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