Committee restores state authority to pursue indigent defense cost recovery in HB 611

The House Judiciary Committee voted 10-8 to recommend passage of an amended House Bill 611, an action that would restore the Office of Cost Containment's ability to investigate and pursue repayment for costs associated with court‑appointed counsel in certain cases.

Chairman Lynn introduced a "replace all" amendment that would return RSA 604‑A:9 to its pre‑2020 form, restoring the Office of Cost Containment's authority to seek recoupment when a defendant has the ability to repay. Lynn said the 2020 amendments limited the office’s ability to reexamine financial affidavits and led to a sizeable drop in revenue for the office.

Representative Birch strongly opposed the amendment, describing scenarios in which innocent people who had relied on court‑appointed counsel were later handed bills. "If we reach the point now where we are saying to a totally innocent Granite Stater who has done nothing wrong ... we are going to bill you for what we did to you," Birch said, urging colleagues to reject the amendment on fairness grounds.

Representative Smith noted the fiscal note showed the Office of Cost Containment had cost‑collection efforts that sometimes cost the state more than the receipts; she said any restoration should consider collection costs and administrative efficiency.

The committee first voted on the amendment (H to HB 611). The amendment passed on a roll call, 10 yeas to 8 nays. The committee then voted the bill "ought to pass as amended"; that motion passed on a roll call, 10 yeas to 8 nays. Committee members agreed the bill would next go to the Finance Committee as an early bill.

Votes at a glance: Amendment to HB 611 — 10 yeas, 8 nays; Main motion (HB 611 as amended) — 10 yeas, 8 nays; outcome: both passed by committee and reported to the House.

Next steps: HB 611 (as amended) will be reported to the House and is expected to go to the Finance Committee if it advances from the House.