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Office Of Cost Containment
 
 

NH Code Of Administrative Rules:

CHAPTER Adm 1000
PAYMENT OF CERTAIN INDIGENT DEFENSE EXPENSES
TABLE OF CONTENTS

PART Adm 1001 ORGANIZATIONAL RULES

Section Adm 1001.01 Definitions

Section Adm 1001.02 Office of Cost Containment

Section Adm 1001.03 Purpose and Scope

PART Adm 1002 ELIGIBILITY FOR INDIGENT DEFENSE FUNDS

Section Adm 1002.01 Status as a Defendant

Section Adm 1002.02 Ability to Pay

Section Adm 1002.03 Financial Affidavit

Section Adm 1002.04 Categories of Eligibility

PART Adm 1003 DETERMINATION OF ELIGIBILITY

Section Adm 1003.01 Eligibility Determination Form

Section Adm 1003.02 Determination Standards

Section Adm 1003.03 Determination Procedures

Section Adm 1003.04 Eligibility Orders

Section Adm 1003.05 Appeal of Eligibility Determination

PART Adm 1004 PAYMENTS

Section Adm 1004.01 When Required

Section Adm 1004.02 Payments Made

Section Adm 1004.03 Payments Not Made

Section Adm 1004.04 Refunds of Excess Partial Payments

PART Adm 1005 REPAYMENT

Section Adm 1005.01 Liability for Repayment

Section Adm 1005.02 Court Orders For Repayment

PART Adm 1006 FINANCIAL INVESTIGATIONS

Section Adm 1006.01 Investigation of Defendants

Section Adm 1006.02 Judicial Requests

PART Adm 1007 DISBURSEMENT OF INDIGENT DEFENSE FUNDS

Section Adm 1007.01 Approval of Administrator

Section Adm 1007.02 Necessary Documentation

Section Adm 1007.03 Exception for Certain Types of Indigent Defense Expenditures

CHAPTER Adm 1000 PAYMENT OF CERTAIN INDIGENT DEFENSE EXPENSES

Statutory Authority: RSA 604-A:8 and RSA 604-A:10, IV

PART Adm 1001 ORGANIZATIONAL RULES
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Adm 1001.01 Definitions. The following definitions shall apply to this part:

(a) "Administrator" means the person appointed by the commissioner of administrative services to manage the office of cost containment.

(b) "Commissioner" means the commissioner of administrative services.

(c) "Contribution limit" means the amount payable to the public defender or contract counsel for the type of case originally charged as established contractually pursuant to RSA 604-B without regard to the type of counsel appointed.

(d) "Contribution rate" means the amount that a defendant is ordered by the court to pay for representation on a periodic basis starting in advance of trial or hearing.

(e) "Contribution threshold" means the amount of funds available to a defendant used for calculating the amount, if any, a defendant is initially obligated to pay, periodically, towards the cost of his or her representation pursuant to Adm 1004.01.

(f) "Court code" means the 3-digit number assigned by the New Hampshire administrative office of the courts to identify each court in the state.

(g) "Defendant" means:

(1) Any person charged with a criminal offense;

(2) Juveniles charged with delinquency;

(3) Any witness in any trial or hearing who, in the determination of a judge, is exposed to such a realistic threat of criminal liability that he or she is entitled to representation regarding his or her constitutional right against self incrimination; and

(4) Any person otherwise constitutionally entitled to counsel.

(h) "Indigent defense funds" means monies appropriated by the legislature to pay representation costs of eligible defendants.

(i) "Minimum cost of representation" means the estimated minimum cost of obtaining qualified private representation for the type of case with which the defendant is charged.

(j) "Neglected or abused juveniles" means those juveniles described in RSA 604-A:1-a.

(k) "Net value of real estate" means the difference between the market value of real estate and any mortgages and liens on the real estate.

(l) "Notification order" means the "Notification of eligibility, Appointment of counsel Notification of Liability & Repayment" which is the form currently used by New Hampshire courts to enter orders pertaining to a defendant's eligibility for indigent defense funds and a defendant's duty to communicate with office of cost containment and repay indigent defense funds, or any similar court order containing essentially the same information.

(m) "OCC" shall mean the office of cost containment of the department of administrative services located at 25 Capitol Street, Room 400, Concord, New Hampshire 03301, and as described in RSA 21I:7-b whose purpose shall be the payment, recoupment and monitoring of indigent defense funds authorized by RSA 604-A.

(n) "Notification of financial liability" means the form currently used by New Hampshire courts to enter orders after trial or in juvenile matters pertaining to a person's duty to repay indigent defense funds, or any similar court order containing essentially the same information.

(o) "Representation" means the services and expenses associated with providing an adequate defense to criminal or delinquency charges, or adequate representation of the interests of an abused or neglected child. Representation includes, but is not limited to, legal services, investigative services, expert witness services, and the cost of compulsory process.

(p) "Total funds available for representation" means the market value of any real estate identified by the defendant on OCC Form #4, minus any outstanding mortgages and liens on the property.

Source. #4565, eff 1-21-89; amd by #4642, INTERIM, eff 7-3-89; amd by #4689, eff 10-25-89; amd by #4935, eff 9-20-90; amd by #5599, eff 4-1-93; amd by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97


PART Adm 1002 ELIGIBILITY FOR INDIGENT DEFENSE FUNDS
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Adm 1002.01 Status as a Defendant. Only persons who meet the definition of "defendant" contained in Adm 1001.01(g)(1)-(4) or neglected or abused juveniles as defined in Adm 1001.01(j) shall be eligible for indigent defense funds.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95

New. #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1002.02 Ability to Pay. Except in the case of neglected or abused 0uveniles entitled to representation under RSA 604-A:1-a, eligibility for indigent defense funds shall be based upon the defendant's present ability to pay all or part of the estimated costs of representation.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95

New. #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1002.03 Financial Affidavit. Except in the case of neglected or abused juveniles entitled to representation under RSA 604-A:1-a, no person shall be eligible for indigent defense funds unless he or she completes a financial affidavit in the form prescribed by Adm 1003.01. The financial affidavit required from defendants shall be included as part of the Eligibility Determination Form known as OCC Form #4.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95

New. #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1002.04 Categories of Eligibility. There shall be 2 categories of eligibility for indigent defense funds:

(a) "Eligible" means that the defendant will receive representation at public expense with or without liability for payment of any representation costs before the trial or hearing.

(b) "Ineligible" means that the defendant does not qualify to receive representation at public expense.

Source. #4565, eff 1-21-89; ss by #5599, eff 4-1-93; ss by #6421, eff 1-4-97

Adm 1002.05 Repayment Obligations of Eligible Defendants. Eligible defendants shall be responsible for repaying indigent defense funds expended on their behalf. Liability for repayment shall be determined at the time of appointment of counsel. Repayment amounts other than those set forth in Adm 1003.03 (c)(2)(g) shall be determined by the administrator after considering the defendant's assets and liabilities when the defendant communicates with the administrator pursuant to Adm 1005.02(e)(2) and Adm 1005.02(f)(1).

Source. #6421, eff 1-4-97


PART Adm 1003 DETERMINATION OF ELIGIBILITY
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Adm 1003.01 Eligibility Determination Form (OCC Form #1).

(a) Except for interim judicial determinations pursuant to Adm 1003.03(b) and determinations involving neglected or abused juveniles under Adm 1003.02(a), eligibility determinations shall be based upon the information provided on the defendant's completed eligibility determination form, known as "OCC Form #4".

(b) The defendant shall provide the following information on or with the OCC Form #4:

(1) The defendant's:

a. Name;

b. Address;

c. Social security number;

d. Date of birth; and

e. Marital status.

(2) The names of person(s) with whom defendant lives;

(3) The name of his/her spouse;

(4) The address of his/her spouse, if different from the defendant's;

(5) The names of any dependents personally supported by defendant and living in the same household;

(6) All cash, financial accounts and other liquid assets of both the defendant and his/her spouse;

(7) Defendant's accounts receivable;

(8) Past, present and planned employment information for both the defendant and his/her spouse;

(9) Monthly income information of both the defendant and his/her spouse;

(10) Net monthly housing costs for the defendant;

(11) Monthly loan payments for the defendant;

(12) Other monthly payments, including but not limited to medical expenses not covered by insurance, alimony, child care and support;

(13) Defendant's real and personal property, including property worth $200 or more sold or transferred by the defendant within the last 6 months, and any mortgages or liens held on this property; and

(14) Any remarks the defendant wishes to make about his or her financial condition that will help determine the defendant's ability to pay for representation.

(15) A judicial header section to be completed at the court's option either by the court, or if requested by the court, OCC personnel and shall provide the following information on OCC Form #4:

a. The county;

b. The name of the court;

c. The court code;

d. Docket number;

e. The name of case;

f. The case type; and

g. The charge for which the defendant is being tried.

(16) A statement by the defendant that he or she requests that the court appoint counsel and:

a. Has read, or been read, the instructions for completing the affidavit;

b. Understands that the administrator shall investigate his or her financial condition, including employment and credit status, and that a report of this investigation will be available to the court;

c. Acknowledges a duty to repay indigent defense funds expended on his or her behalf, set forth in the form prescribed by RSA 604-A:9, II; and

d. Acknowledges a duty to report changes in the information provided in the financial affidavit if his or her financial condition improves before the final disposition of the case for which representation is being sought.

(17) A declaration that the information provided by the defendant is true and given under penalty of perjury.

(18) A notice that the defendant has the right to appeal if denied eligibility.

(19) The defendant's signature.

(20) The jurat of a justice of the peace or notary public who shall have taken the defendant's oath and witnessed his or her signature.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95

New. #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1003.02 Determination Standards.

(a) Except in the case of a neglected or abused juvenile entitled to representation under RSA 604-A:1-a, ability to pay for representation shall be determined by comparing net value of real estate and total funds available for representation with the minimum cost of representation, contribution threshold and contribution limit for the type of case being tried.

(b) The following types of cases shall be recognized for the purpose of calculating the minimum cost of representation:

(1) Homicide, $10,000;

(2) Non-homicide felony, $4,000;

(3) Misdemeanor, $1,500;

(4) Misdemeanor appeal, $4,000;

(5) Juvenile, $2,000;

(6) Supreme court appeal, $4,000; and

(7) "Other," $2,000.

(c) Total funds available for representation shall be computed in the following manner using information in the financial affidavit portion of the defendant's OCC Form #4:

(1) Liquid assets shall be added to the monthly income of the defendant and the defendant's spouse shown on OCC Form #4; and

(2) The defendant's monthly expenses including housing, loan payments and other expenses shown on OCC Form #4 shall be added.

(3) The amount in (2) shall be increased by $250, a figure which represents a personal living allowance automatically credited to the defendant.

(4) If the defendant has listed personal dependents on the financial affidavit, a further living allowance of $100 per dependent shall also be added to the total; and

(5) The total expense figure calculated in subparagraph (c)(2), above, shall be subtracted from the total income and assets figure calculated in subparagraph (c)(1), above with the remainder representing the defendant's total funds available for representation.

(d) Net value of real estate shall be computed by subtracting the any mortgages and liens on real estate from the market value of the real estate shown as identified items on the financial affidavit portion of the defendant's OCC Form #4.

(e) The contribution threshold shall be computed by dividing the total funds available for representation in excess of $10.00 in half and then rounding down to the closest amount divisible by 5.

(f) Except in the case of neglected or abused juveniles entitled to representation under RSA 604-A:1-a, the financial standards for determining a defendant's ability to pay for representation shall be as follows:

(1) The defendant shall be ineligible for indigent defense funds if the net value of real property is:

a. Equal to or greater than $40,000 if the case is a homicide;

b. Equal to or greater than $20,000 if the case is a non-homicide felony, misdemeanor appeal or supreme court appeal;

c. Equal to or greater than $10,000 if the case is misdemeanor, juvenile or "other";

(2) The defendant shall be ineligible for indigent defense funds if the total funds available for representation equals or exceeds the minimum cost of representation for the type of case being tried;

(3) A defendant shall be eligible for indigent defense funds if the total funds available for representation is equal to or less than the contribution threshold for the type of case being tried.

(4) The applicable contribution threshold shall be that amount payable to the public defender or contract counsel as established contractually pursuant to RSA 604-B and applied equally to all defendants as set forth in RSA 604-A:9,I.

(5) A defendant shall be eligible for indigent defense funds if:

a. The type of case is a homicide and the total funds available for representation is less that the minimum cost of representation set forth in Adm 1003.02(b);

b. The type of case is a non-homicide felony and the total funds available for representation is less than the minimum cost of representation set forth in Adm 1003.02(b);

c. The type of case is a misdemeanor appeal and the total funds available for representation exceeds the contribution threshold, but is less than the minimum cost of representation set forth in Adm 1003.02(b);

d. The type of case is a misdemeanor and the total funds available for representation is less than the minimum cost of representation set forth in Adm 1003.02(b);

e. The type of case is juvenile and the total funds available for representation exceeds the contribution threshold, but is less than the minimum cost of representation set forth in Adm 1003.02(b);

f. The type of case is "other" and the total funds available for representation less than the minimum cost of representation set forth in Adm 1003.02(b); and

g. The type of case is a supreme court appeal and the total funds available for representation exceeds the contribution threshold, but is less than the minimum cost of representation set forth in Adm 1003.02(b).

(g) If the net value of a defendant's real estate is less than the amounts shown in Adm 1003.02(f)(1) for the type of case being tried, the court or, if requested by the court, the OCC administrator shall make an immediate further determination of eligibility by matching the type of case and the total funds available for representation with the minimum cost of representation, the contribution threshold and the contribution limit.

(h) As provided by RSA 604-A:1-a, neglected or abused juveniles shall be conclusively presumed to be financially eligible for indigent defense funds.

Source. #4565, eff 1-21-89; amd by #5175, eff 7-10-91; amd by #5599, eff 4-1-93; amd by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1003.03 Determination Procedures.
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(a) Neglected or abused juveniles entitled to representation under RSA 604-A:1-a shall be automatically eligible for indigent defense funds. No financial affidavit shall be completed by such juveniles, but those portions of an "OCC Form #4" which shall be completed by court personnel or personnel of the office of cost containment under Adm 1003.01(b) shall be completed and a copy forwarded to the administrator in each instance.

(b) As provided by RSA 604-A:6, any justice may make an interim appointment of counsel for defendants other than neglected or abused juveniles without first ascertaining eligibility under paragraph (c), below. Such interim appointment shall be made whenever the court is presented with circumstances in which immediate representation appears necessary and there is insufficient time to obtain a properly completed OCC Form #4. Indigent defense funds shall be provided during the period between the interim appointment of counsel and completion of the eligibility determination procedures set forth in paragraph (c) below. However, a completed OCC Form #4, a notification order form, and the court's initial order authorizing immediate representation shall be filed subsequently with the administrator pursuant to Adm 1003.04(b).

(c) Eligibility determinations not made under paragraphs (a) and (b), above, shall be made by either the court or, if requested by the court, the OCC administrator using the following procedure:

(1) Once the defendant has completed the application portion of OCC Form #4, the defendant shall complete the financial affidavit including an authorization permitting the defendant's creditors to release financial information. The financial affidavit shall be sworn to and executed by the defendant.

(2) The eligibility determination prescribed by Adm 1003.02(f) shall be determined by:

a. Ascertaining the type of case being tried and the minimum cost or representation for that type of case;

b. Computing the total funds available for representation;

c. Computing the contribution threshold;

d. Computing net value of real estate;

e. Comparing the total funds available for representation with the contribution limit and minimum cost of representation;

f. Identifying the appropriate category of eligibility revealed by the application of subsections (c)(2)d or (c)(2)e, above, and entering the contribution limit, on the notification order, if required; and

g. Determining whether the contribution threshold is equal to or greater than $5.

(d) If the net value of real estate is equal to or greater than the amounts shown on the Financial Eligibility Table, the defendant shall be ineligible for indigent defense funds.

(e) If the contribution threshold is greater than $5, then it shall be the monthly contribution rate up to a maximum equal to the contribution limit.

(f) The completed copy of OCC Form #4 shall constitute the eligibility determination of the commissioner, and shall be relied upon by the courts and other interested persons. No personal review by or written confirmation from the administrator shall be necessary to establish an eligibility determination based upon Adm 1003.03(a) or Adm 1003.03(b).

(g) The administrator shall provide written confirmation of an Adm 1003.03(c) determination to the court upon request. This confirmation can be obtained by mailing the defendant's completed OCC Form #4 to the office of cost containment with a written request for completion of the eligibility determination portion of that form.

Source. #4565, eff 1-21-89; amd by #4642, INTERIM, eff 7-3-89; amd by #4689, eff 10-25-89; amd #5175, eff 7-10-91; ss by #5599, eff 4-1-93; ss by #6421, eff 1-4-97

Adm 1003.04 Eligibility Orders.

(a) After the eligibility determination prescribed by Adm 1003.03 has been recorded, as provided by RSA 604-A:9,I-b, the court shall enter an order relating to the defendant's eligibility for indigent defense funds, the defendant's duty to communicate with the office of cost containment and make payments, and shall issue this order on a notification order or in some similar format deemed appropriate by the court.

(b) As provided by RSA 604-A:I-b, a copy of the notification order, any other court order relating to appointment of counsel and the front copy of the OCC Form #4 bearing the defendant's original signature shall be forwarded by the court to the administrator.

Source. #4565, eff 1-21-89; amd by #5599, eff 4-1-93; amd by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1003.05 Appeal of Eligibility Determination.

(a) If found ineligible for representation, the defendant may appeal the commissioner's determination by requesting a hearing within 7 days from the date of the notification order.

(b) As provided by RSA 604-A:2,III, an appeal hearing shall be held before the court in which the defendant will be tried.

(c) Pursuant to RSA 604-A:2, III, in the event the court alters the commissioner's eligibility determination on appeal, its order shall contain specific findings outlining the reasons the commissioner's decision was not sustained.

(d) Indigent defense funds shall be authorized whenever ordered by the court following an appeal hearing provided, however, that the administrator has been furnished with copies of the documents required by Adm 1003.04(a), including the court's order on appeal.

Source. #4565, eff 1-21-89; amd by #4642, INTERIM, eff 7-3-89; amd by #4689, eff 10-25-89; amd by #4935, eff 9-20-90; amd by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95 New. #6421, eff 1-4-97


PART Adm 1004 PAYMENTS
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Adm 1004.01 When Required.

(a) All eligible defendants shall make periodic payment of a portion of their established representation costs commencing 5 days after the appointment of counsel. For homicides and supreme court appeals, this partial payment shall be 75 percent of the total funds available for representation as computed pursuant to Adm 1003.02(c). In all other types of cases, the partial payment amount shall equal the applicable contribution rate set forth in Adm 1003.03(c)(2)(g) but shall not exceed the contribution limit set forth in Adm 1001.01(c).

(b) Partial payments shall not be refunded on the grounds that the defendant was not tried. The defendant shall, however, be entitled to a refund of that portion of any partial payment which exceeds the actual cost of representation.

(c) OCC shall require eligible defendants:

(1) To repay their representation costs;

(2) To acknowledge their liability for repayment to the administrator or designee within 5 days of the date on the notification order;

(3) To comply with any reasonable requests for information to enable the administrator to complete a financial investigation as set forth in Adm 1006.01. and 1006.02;

(4) To make repayment arrangements with the administrator or designee; and

(5) To continue the established arrangements until the contribution limit for counsel and all other costs of representation approved by the court for payment under Adm 1007.07 have been paid.

Source. #4565, eff 1-21-89; amd by #4642, INTERIM, eff 7-3-89; amd by #4689, eff 10-25-89; amd by #5599, eff 4-1-93; ss by #6421, eff 1-4-97

Adm 1004.02 Payments Made.

(a) Payments shall be made to OCC.

(b) All partial payment funds received by the court shall be forwarded to the administrator with the notification order required by Adm 1005.02.

Source.#4565, eff 01-21-89; ss by #5599, eff 4-1-93; ss by #6421, eff 1-4-97

Adm 1004.03 Payments not Made. If payments ordered under Adm 1003.04(a) are not arranged before the beginning of the trial or hearing, the defendant's liability for these payments shall be specifically addressed by the court at the conclusion of the proceeding pursuant to Adm 1005.02(a) and (b), and the court's further order shall be forwarded to the administrator.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95

New. #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1004.04 Refunds of Excess Partial Payments.

(a) A defendant may seek a refund of any partial payment amount which exceeds the actual costs of representation by requesting, in writing, or by appearing in person with identification, such a refund from the administrator.

(b) If, in the course of internal or external audits, or review of accounts, OCC becomes aware of any overpayment, OCC shall notify the defendant of the overpayment and the method for obtaining a refund.

(c) The cost of legal services to an eligible defendant shall be governed by the standard set forth in RSA 604-A:9,I.

(d) The administrator shall issue the defendant a refund or a notice that no refund is owing within 30 days from the date a defendant personally appears to seek a refund or a request in writing which sets forth the amount of the purported overpayment is received by the administrator.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95

New. #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97


PART Adm 1005 REPAYMENT
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Adm 1005.01 Liability for Repayment.

(a) If an eligible defendant is a witness entitled to representation under Adm 1001.01(g)(3), that defendant shall be obligated to repay all indigent defense funds expended on the defendant's behalf without regard to the disposition of the case in which the witness was called to testify.

(b) If an eligible defendant, other than a witness, receives representation, the defendant shall be liable for all indigent defense funds expended on his or her behalf.

(c) Pursuant to RSA 604-A:9, the defendant shall also be liable for a service charge of 10% of the total amount of all indigent expense funds expended on the defendant's behalf, rounded down to the nearest whole dollar.

Source. #4565, eff 1-21-89; amd by #4642, INTERIM, eff 7-3-89; amd by #4689, eff 10-25-89; amd by #5599, 4-1-93; ss by #6421, eff 1-4-97

Adm 1005.02 Court Orders for Repayment.

(a) Upon appointment of counsel, the court shall enter an order pursuant to RSA 604-A:9 I, relating to the defendant's liability to repay indigent defense funds expended on the defendant's behalf. The court shall record this order on a notification order form or in some similar format deemed appropriate by the court.

(b) If periodic payment was ordered by the court but not made by the date specified in the notification order the court shall issue a new order requiring the defendant to make payment by a certain date and time. The order shall be considered a continuation of the original repayment order and shall be served upon the administrator as well as the defendant.

(c) As provided by RSA 604-A:9,I-c, the defendant shall be required to inform the court and the OCC of any change in the defendant's address. As provided by RSA 604-A:9,I-c, any notice to the defendant sent to the last mail address on file shall be considered notice to and binding on the defendant.

(d) If a non-juvenile defendant is convicted, and if, as part of the sentence, the defendant is placed on probation, the defendant shall make full repayment in accordance with RSA 604-A:9, IV. As provided by RSA 604-A:9, I-b, in such cases, the court shall forward the relevant court orders to both the department of corrections and the commissioner. The defendant shall be required to make prompt contact with the field service division of the department of corrections.

(e) Except where probation has been ordered after conviction, the following collection procedures shall be employed in the case of non-juvenile defendants:

(1) As provided by RSA 604-A:9,I-b, the court shall forward the notification order to the commissioner as required documentation for payment in such cases;

(2) If the court orders full payment, the defendant shall make payment to the administrator or to make other payment arrangements with the administrator within 5 working days from the date of the court's order;

(3) If the court does not order full payment for representation under RSA 604-A:1, the administrator shall perform an investigation to determine the defendant's current financial condition and ability to make repayment.

(f) If a juvenile defendant is represented by court appointed counsel, the notification order and other relevant court orders shall be forwarded to the administrator.

(g) In such a case, the following procedures shall be followed:

(1) If the court orders full payment, the defendant, the defendant's parents, or both, shall make payment to the administrator or to make other payment arrangements with the administrator within 5 working days from the date of the court's order;

(2) If the court does not order full payment for representation under RSA 604-A:2, the administrator shall perform an investigation to determine the current financial condition of the defendant or person's responsible for the defendant's support under RSA 546- A:2 to determine their ability to make repayment.

(g) Except when probation is ordered after conviction, if a defendant, or a parent of a juvenile defendant, fails to comply with a court order concerning repayment, or with any arrangements made with the administrator for payment in accordance with a court order, or fails to communicate with the administrator in accordance with Adm 1005.02(e)(2), or (f)(1), the administrator shall petition the issuing court, or such other court as the issuing court finds to have proper venue, for the imposition of sanctions, including but not limited to contempt. In addition to a petition for enforcement, the administrator shall also petition the court to add an assessment of a service charge equal to 10% of the outstanding balance rounded down to the nearest whole dollar.

Source. #4565, eff 1-21-89; amd by #4642, INTERIM, eff 7-3-89; amd by #4689, eff 10-25-89; amd by #5599, eff 4-1-93; amd by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97


PART Adm 1006 FINANCIAL INVESTIGATIONS
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Adm 1006.01 Investigation of Defendants.

(a) At any time after the issuance of an initial notification order, the administrator shall conduct an investigation into the financial status and credit-worthiness of a defendant to ensure that the information provided is complete and correct and to determine the defendant's ability to pay or to borrow as provided by RSA 604-A:2-c.

(b) Initial financial investigations shall be undertaken for the purpose of verifying any information furnished on a defendant's OCC Form #4. The defendant shall promptly sign the release contained on OCC Form #4 authorizing the administrator to obtain copies of the defendant's financial, legal records including information relating to the crime with which the defendant is charged, the services provided to the defendant, the existence of liens, attachments or security interests against the defendant's property, foreclosures or bankruptcies, or employment records as the administrator requires to complete said investigations. If the defendant fails to comply with such a request, the administrator shall petition the court for appropriate relief.

(c) Subsequent financial investigations shall be made by the administrator whenever facts are brought to light or information is provided to the administrator which would lead an investigator to believe that there are financial factors which will significantly affect the defendant's eligibility status or repayment ability. The results of each investigation shall be reduced to writing.

Source. #4565, eff 1-21-89; amd by #4642, INTERIM, eff 7-3-89; amd by #4689, eff 10-25-89; amd by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1006.02 Judicial Requests.

(a) At any time after an eligibility determination has been made under Adm 1003.03(c) or Adm 1003.05(b), the court may request the administrator to conduct a financial investigation and present the results of this investigation in writing to the court. The administrator shall respond to such request, provided that the administrator receives 20 days written notice from the court.

(b) The court may request that the administrator, or designee, to appear at any hearing concerning the defendant's liability to repay indigent defense funds. The administrator shall respond to such request, provided that the administrator receives 10 days advance written notice of the date and place of said hearing.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95; ss by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97


PART Adm 1007 DISBURSEMENT OF INDIGENT DEFENSE FUNDS
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Adm 1007.01 Approval of Administrator. The business office of the department of administrative services shall not authorize the disbursement of indigent defense funds to any provider of representation services unless the administrator has verified that the services were performed for a defendant eligible for such services under these rules.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95; ss by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1007.02 Necessary Documentation.

(a) The commissioner shall not authorize the payment of indigent defense funds, to a provider of representation services, until the administrator has been furnished with the following documentation:

(1) A completed OCC Form #4;

(2) An accounting of any required partial payment;

(3) All court orders pertaining to accounting of any required partial payment; and

(4) All court orders pertaining to eligibility and liability.

(b) The administrator shall not authorize payment to a provider of representation services of any representation costs which are not identified in a court order as provided by Adm 1005.02(a) until the provider of representation services petitions the court for modification of its prior order to include the costs in question and for a ruling with respect to the defendant's ability to pay those costs, and the court grants the petition.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95; ss by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97

Adm 1007.03 Exception for Certain Types of Indigent Defense Expenditures.

(a) The following expenditures of indigent defense funds shall not be subject to the requirements of Adm 1007.01 and 1007.02:

(1) Monies approved by governor and council for public defender service and alternate public defender contracts pursuant to RSA 604-B:4 and RSA 604-B:8; or

(2) Monies approved by governor and council for legal services contracts arranged by the judicial council under RSA 604-A:2-b.

(b) Disbursements for expenditures outlined in (a)(1) and (2) above shall be authorized in accordance with the express terms of the those contracts.

Source. #4565, eff 1-21-89, EXPIRED 1-21-95; ss by #6067, INTERIM, eff 7-27-95, EXPIRED 11-24-95

New. #6421, eff 1-4-97


Last modified: 7/21/98


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