HOUSE BILL NO. 238
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1
AN ACT TO AMEND THE MODEL DEFENDER ACT, CHAPTER 46, TITLE 29, DELAWARE CODE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. AMEND Section 4607, Chapter 46, Title 29 of the Delaware Code by redesignating same as Section 4608.
Section 2. FURTHER AMEND Chapter 46, Title 29 of the Delaware Code by adding a new Section to read as follows:
14607 Administrative Fee Assessment
(a) Each court of this State shall assess an administrative fee in the amount of $50 against any defendant on whose behalf an appearance is made by the Public Defender, one of his assistants, or any other attorney who has been appointed by a court to represent the defendant in a criminal proceeding. This fee shall be payable even though the criminal proceedings do not result in conviction but are instead terminated by a guilty plea, nolle prosequi or order of the court.
(b) Upon assessment of any administrative fee under this section, each defendant shall be directed to pay such assessment forthwith to the clerk of the court in which an entry of appearance by the Public Defender, one of his assistants, or any other attorney who has been appointed by a court was entered.
(c) A defendant's present inability, failure, or refusal to pay an assessment made under this section shall not operate to disqualify a defendant from legal representation.
(d) If a defendant is unable or fails to pay the administrative fee pursuant to this section, the court shall order the defendant to report to the Commissioner of the Department of Correction or a person designated by him, for work for a number and schedule of hours necessary to discharge the fine, pursuant to 11 DRI. C. §4105(b).
(e) In the event that any portion of an administrative fee assessed under this section shall remain unpaid at the time of sentencing, the sentencing judge shall make payment of the administrative fee an express condition of any sentence imposed,
(g) All monies received in satisfaction of assessments under this section shall revert to the General Fund and the clerk of each court shall regularly remit all monies received to the State Treasurer.
(h) On or before the first day of November of each year, the courts of this state in which assessments are regularly made under this section shall provide the State Auditor with a written report detailing the dollar value of assessments made in the previous fiscal year, the amount collected in the previous fiscal year as well as the balance of unpaid assessments at the open and close of the previous fiscal year.
Approved June 27, 1994