Idaho Code
Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED
Section 19-854 - DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT.

19-854. DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT. (1) The determination of whether a person covered under section 19-852, Idaho Code, is an indigent person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under section 19-858, Idaho Code, whichever occurs earlier. Thereafter, the court concerned shall determine, with respect to each proceeding, whether he is an indigent person.
(2) The court concerned shall presume that the following persons are indigent persons unless such a determination is contrary to the interests of justice:
(a) Persons whose current monthly income does not exceed one hundred eighty-seven percent (187%) of the federal poverty guidelines issued annually by the federal department of health and human services;
(b) Persons who receive, or whose dependents receive, public assistance pursuant to title 56, Idaho Code, in the form of food assistance, health coverage, cash assistance or child care assistance; or
(c) Persons who are currently serving a sentence in a correctional facility or are being housed in a mental health facility.
(3) The court concerned may determine that persons other than those described in subsection (2) of this section are indigent persons. In determining whether a person is an indigent person and in determining the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations, the number and ages of his dependents and the cost of bail. Participation in the Idaho health insurance exchange shall not result in the presumption of indigency.
(4) Release on bail does not necessarily prevent a person from being an indigent person.
(5) In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record such material factors relating to his ability to pay as the court prescribes by rule. No information provided by a person pursuant to this subsection may be used as substantive evidence in any criminal or civil proceeding against the person except:
(a) For impeachment purposes;
(b) In a prosecution for perjury or contempt committed in providing the information; or
(c) In an attempt to enforce an obligation to reimburse the state for the cost of counsel.
(6) To the extent that a person covered under section 19-852, Idaho Code, is able to provide for an attorney, the other necessary services and facilities of representation, and court costs, the court may order him to provide for their payment.
(7) Upon conviction, notwithstanding the form of judgment or withheld judgment, plea of guilty or finding of guilt for any crime regardless of the original crime or number of counts, an indigent person who receives the services of an attorney provided by the county may be required by the court to reimburse the county for all or a portion of the cost of those services related to the conviction, plea of guilty or finding of guilt, unless the requirement would impose a manifest hardship on the indigent person. The current inability of the indigent person to pay the reimbursement shall not, in and of itself, restrict the court from ordering reimbursement.

History:
[19-854, added 1967, ch. 181, sec. 4, p. 599; am. 2001, ch. 287, sec. 1, p. 1023; am. 2013, ch. 220, sec. 4, p. 517; am. 2014, ch. 243, sec. 1, p. 612.]

Structure Idaho Code

Idaho Code

Title 19 - CRIMINAL PROCEDURE

Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED

Section 19-801 - ACCUSED TO BE INFORMED OF CHARGE — RIGHT TO COUNSEL.

Section 19-802 - SENDING FOR COUNSEL.

Section 19-804 - PRELIMINARY EXAMINATION.

Section 19-805 - COMMITMENT OR BAIL ON POSTPONEMENT.

Section 19-806 - FORM OF COMMITMENT.

Section 19-807 - ISSUANCE OF SUBPOENAS FOR WITNESSES.

Section 19-808 - EXAMINATION OF WITNESSES FOR STATE.

Section 19-809 - EXAMINATION OF WITNESSES FOR DEFENDANT.

Section 19-809A - CHILD’S OUT OF COURT STATEMENTS ADMISSIBLE IN PRELIMINARY EXAMINATIONS.

Section 19-810 - EXCLUSION OF WITNESSES.

Section 19-811 - EXCLUSION OF OTHER PERSONS.

Section 19-812 - TRANSCRIPT OF PRELIMINARY EXAMINATION.

Section 19-813 - CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION.

Section 19-814 - DISCHARGE OF DEFENDANT.

Section 19-815 - HOLDING DEFENDANT TO ANSWER.

Section 19-815A - CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION.

Section 19-816 - OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT.

Section 19-817 - BAILABLE OFFENSES — ORDER ADMITTING TO BAIL.

Section 19-818 - ORDER OF COMMITMENT.

Section 19-819 - FORM OF COMMITMENT.

Section 19-820 - UNDERTAKING OF WITNESSES TO APPEAR.

Section 19-821 - SECURITY FOR APPEARANCE.

Section 19-822 - SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN.

Section 19-823 - COMMITMENT FOR FAILURE TO GIVE SECURITY.

Section 19-824 - CONDITIONAL EXAMINATION.

Section 19-825 - RETURN OF PAPERS TO DISTRICT COURT.

Section 19-847 - INDIGENT PUBLIC DEFENSE — FINANCIAL .

Section 19-848 - SHORT TITLE.

Section 19-849 - STATE PUBLIC DEFENSE COMMISSION.

Section 19-850 - POWERS AND DUTIES OF THE STATE PUBLIC DEFENSE COMMISSION.

Section 19-851 - RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS.

Section 19-852 - RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT.

Section 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.

Section 19-854 - DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT.

Section 19-855 - QUALIFICATIONS OF COUNSEL.

Section 19-857 - WAIVER OF COUNSEL — CONSIDERATION BY COURT.

Section 19-858 - REIMBURSEMENT — WHEN AUTHORIZED.

Section 19-859 - PUBLIC DEFENDER AUTHORIZED — JOINT COUNTY PUBLIC DEFENDERS.

Section 19-860 - PUBLIC DEFENDER — COMPENSATION — APPOINTMENT — QUALIFICATIONS.

Section 19-861 - PUBLIC DEFENDER’S OFFICE — EMPLOYEES — COMPENSATION — FACILITIES.

Section 19-862 - APPROPRIATION FOR PUBLIC DEFENDER — PRIVATE CONTRIBUTIONS.

Section 19-862A - COMPLIANCE — INDIGENT DEFENSE FINANCIAL ASSISTANCE.

Section 19-863 - DEFENSE EXPENSES — ALLOCATION IN JOINTLY ESTABLISHED OFFICES.

Section 19-863A - CAPITAL CRIMES DEFENSE FUND AUTHORIZED.

Section 19-864 - RECORDS OF DEFENDING ATTORNEYS — ANNUAL REPORT OF DEFENDING ATTORNEYS.

Section 19-865 - APPLICATION OF ACT — STATE COURTS — FEDERAL COURTS.

Section 19-866 - PROVISIONS NOT EXCLUSIVE.