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RSA 604-A:2-f · Appointment of Counsel for Nonpayment or Nonperformance

Title
LIX: PROCEEDINGS IN CRIMINAL CASES
Chapter
604-A · ADEQUATE REPRESENTATION FOR INDIGENT DEFENDANTS IN CRIMINAL CASES
Status
current
Official source linked
Yes
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604-A:2-f Appointment of Counsel for Nonpayment or Nonperformance. –

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I.

No defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing. Incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service.

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II.

Prior to conducting an ability to pay or ability to perform final hearing, the court shall:

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(a)

Provide the defendant with a financial statement under oath and direct the defendant to complete the financial statement under oath;

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(b)

Inform the defendant that he or she may be immediately incarcerated if the court finds that he or she has willfully failed to comply with the court's prior order to pay an assessment or perform community service;

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(c)

Inform the defendant that he or she is entitled to counsel for the final hearing in which incarceration is a possible outcome and, if the defendant cannot afford one, the court will appoint one; and

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(d)

Explain the issues to be decided at the final hearing as well as the process provided.

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III.

The court shall appoint counsel to represent an indigent defendant at a final hearing on an ability to pay or perform held pursuant to this section if incarceration is a possible outcome of the final hearing.

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IV.

[Repealed.] Source. 2017, 86:1, eff. Aug. 1, 2017. 2019, 346:265, eff. July 1, 2020; 346:395, eff. July 1, 2019. 2025, 141:222, V, eff. July 1, 2025.

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Source note

Source. 2017, 86:1, eff. Aug. 1, 2017. 2019, 346:265, eff. July 1, 2020; 346:395, eff. July 1, 2019. 2025, 141:222, V, eff. July 1, 2025.

Source history

  • 2017, 86:1, eff. Aug. 1, 2017
  • 2019, 346:265, eff. July 1, 2020; 346:395, eff. July 1, 2019
  • 2025, 141:222, V, eff. July 1, 2025

Related materials

Bill relationships

  • 2026 HB611 reference · effective 2026-01-01

    defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new

  • 2026 HB611 amend · effective 2026-01-01

    UNSEL [IF I AM CONVICTED] UNLESS THE COURT FINDS THAT I AM OR WILL BE FINANCIALLY UNABLE TO PAY. 3 Appointment of Counsel for Nonpayment or Performance; Reference Change. Amend RSA 604-A:2-f, IV to read as follows: IV. When the court appoints counsel to represent a defendant in a proceeding under this section, the court shall grant the defendant relief from the obligation to repay the state for appointed c

  • 2026 HB611-FN reference · effective 2026-01-01

    defendant is unable to comply with the terms of the court's order or any modification of the order by the court. If the court does not order full payment for representation under RSA 604-A, the commissioner of administrative services or his designee shall perform an investigation to determine the defendant's present financial condition and his ability to make repayment and may petition the court for a new

  • 2026 HB611-FN amend · effective 2026-01-01

    UNSEL [IF I AM CONVICTED] UNLESS THE COURT FINDS THAT I AM OR WILL BE FINANCIALLY UNABLE TO PAY. 3 Appointment of Counsel for Nonpayment or Performance; Reference Change. Amend RSA 604-A:2-f, IV to read as follows: IV. When the court appoints counsel to represent a defendant in a proceeding under this section, the court shall grant the defendant relief from the obligation to repay the state for appointed c

  • 2025 HB2 reference

    investigative, expert, or other services and expenses approved by the circuit court that are necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A. 141:344 Workers' Compensation; First Responder's Critical Injury Benefit. Amend RSA 281-A:32-a, II to read as follows: II. Payments awarded under this section shall be subject to all other provisions of RSA 2

  • 2025 HB2 reference

    a, relative to additional inquiry regarding appointed counsel for indigent criminal defendants. IV. RSA 604-A:2-d, relative to partial liability regarding appointed counsel for indigent criminal defendants. V. RSA 604-A:2-f, IV, relative to appointment of counsel for nonpayment or nonperformance. VI. RSA 604-A:10, IV, relative to rulemaking authority by the commissioner of administrative services adopting rules governing determin

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