TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

CHAPTER 597
BAIL AND RECOGNIZANCES

General Provisions

Section 597:2-b

    597:2-b Determination of Indigence and Payment of Bail Commissioner Fee. –
I. The arresting officer, at the point of arrest, shall inform the offender of the availability of the services of the bail commissioner. If the offender elects to utilize the bail commissioner's services and is not indigent, the offender shall pay the bail commissioner's fee directly to the bail commissioner. If the offender elects to utilize the services of the bail commissioner, but claims indigence, the court shall, to the extent of available funding, utilize all possible means to pay the bail commissioner's fee, and shall include written evidence of fee payment in the offender's case file.
II. The court shall develop uniform criteria to evaluate and determine whether an offender is indigent or not indigent for the purpose of the offender's ability to pay the bail commissioner's fee. Based on the criteria, the court shall render a finding of indigent or not indigent for the purpose of the offender's ability to pay the bail commissioner's fee.
III. If the court finds that the offender is not indigent for the purpose of paying the bail commissioner's fee, the offender shall reimburse the court for payment of the bail commissioner's fee.
IV. If the court finds that the offender is indigent for the purpose of paying the bail commissioner's fee, the offender shall not be liable to pay the fee.

Source. 2020, 12:11, eff. July 16, 2020.