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.]
Structure Idaho Code
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 19-849 - 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 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL.
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.