§ 5240. Collection of reimbursements

(a) If persons receiving representation under this chapter fail to make reimbursement on the date specified in the court order, the Court Administrator shall refer the uncollected reimbursement orders to the Commissioner of Taxes, and the Commissioner is authorized to proceed to collection in the name of the State.

(b) The Commissioner is authorized to use setoff debt collection, as provided in 32 V.S.A. §§ 5931-5940, for collecting reimbursements.

(c) The Commissioner of Taxes is authorized to contract with private collection agencies for the sole purpose of collection of reimbursements imposed by judicial order, and such order shall be deemed reasonable notice of the debt. The Commissioner may agree to pay a collection agency a fixed rate or a percentage of the amount actually collected and remitted to the State. Notwithstanding 32 V.S.A. § 502, the Commissioner may charge against such collections any cost of such collections.

(d) If a person provided representation under this chapter is convicted of a crime in the matter for which representation was provided, the sentence shall include an order to pay any reimbursements ordered and unpaid. The order shall be enforced as a condition of probation, supervised community sentence, or parole if the convicted person is sentenced to probation, supervised community sentence, or imprisonment and later placed on parole.

(e) The amount specified to be paid by a reimbursement order shall be considered a fine, forfeiture, or penalty for purposes of section 7171 of this title and may be collected as provided in that section. (Added 1991, No. 231 (Adj. Sess.), § 4, eff. May 28, 1992; amended 2011, No. 128 (Adj. Sess.), § 39.)