Illinois Compiled Statutes
725 ILCS 5/113-3.1 (2026)
Payment for court-appointed counsel
✓ current as of May 2026
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(725 ILCS 5/113-3.1)
(from Ch. 38, par. 113-3.1)
Sec. 113-3.1. Payment for court-appointed counsel.
(a) Whenever under
either Section 113-3 of this Code or Rule 607 of the Illinois Supreme Court
the court appoints counsel to represent a defendant, the court may order
the defendant to pay to the Clerk of the Circuit Court a reasonable sum
to reimburse either the county or the State for such representation.
In a hearing to determine the amount of the
payment, the court shall consider the affidavit prepared by the defendant
under Section 113-3 of this Code and any other information pertaining to
the defendant's financial circumstances which may be submitted by the parties.
Such hearing shall be conducted on the court's own motion or on motion of
the prosecutor at any time after the appointment of counsel but no
later than 90 days after the entry of a final order disposing of the case
at the trial level.
(b) Any sum ordered paid under this Section may not exceed $500 for a
defendant charged with a misdemeanor, $5,000 for a defendant charged with
a felony, or $2,500 for a defendant who is appealing a conviction
of any class offense.
(c) The method of any payment required under this Section shall be as
specified by the Court. The court may order that payments be made on a
monthly basis during the term of representation; however, the sum deposited as
money bond shall not be used to satisfy this court order. At any time prior to
full payment of any payment order the court on its own motion or the motion
of any party may reduce, increase, or suspend the ordered payment, or modify
the method of payment, as the interest of fairness may require. No increase,
suspension, or reduction may be ordered without a hearing and notice
to all parties.
(d) The Supreme Court or the circuit courts may provide by rule for
procedures for the enforcement of orders entered under this Section.
Such rules may provide for the assessment of all costs, including
attorneys' fees which are required for the enforcement of orders entered
under this Section when the court in an enforcement proceeding has first
found that the defendant has willfully refused to pay. The Clerk of the
Circuit Court shall keep records and make reports to the court concerning
funds paid under this Section in whatever manner the court directs.
(e) Whenever an order is entered under this Section for the reimbursement
of the State due to the appointment of the State Appellate Defender as counsel
on appeal, the order shall provide that the Clerk of the Circuit Court shall
retain all funds paid pursuant to such order until the full amount of the
sum ordered to be paid by the defendant has been paid. When no balance remains
due on such order, the Clerk of the Circuit Court shall inform the court
of this fact and the court shall promptly order the Clerk of the Circuit
Court to pay to the State Treasurer all of the sum paid.
(f) The Clerk of the Circuit Court shall retain all funds under this Section
paid for the reimbursement of the county, and shall inform the court when
no balance remains due on an order entered hereunder. The Clerk of the Circuit
Court shall make payments of funds collected under this Section to the County
Treasurer in whatever manner and at whatever point as the court may direct,
including payments made on a monthly basis during the term
of representation.
(g) A defendant who fails to obey any order of court entered under this
Section may be punished for contempt of court. Any arrearage in payments
may be reduced to judgment in the court's discretion and collected by any
means authorized for the collection of money judgments under the law of
this State.
(Source: P.A. 102-1104, eff. 1-1-23.)
Notes of Decisions
Cited in 95
cases (2 in the last 5 years), 1997–2024 · leading case: People v. Hardman, 2017 IL 121453 (Ill. 2017).
People v. Hardman, 2017 IL 121453 (Ill. 2017). “See 725 ILCS 5/113-3.1(a) (West 2012). Hardman appealed, arguing that the State failed to prove that he committed the offense within 1000 feet of a school, that the public defender fee was imposed without a proper hearing, and that the mittimus should be amended to reflect the…”
People v. Dunlap, 2013 IL App (4th) 110892 (Ill. App. Ct. 2013). “1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3.1 (West 2010)). ¶2 Defendant appeals, arguing that the trial court erred by ordering reimbursement because the court failed to consider his affidavit of financial condition as required by section 113- 3.”
People v. Gordon, 2019 IL App (5th) 160455 (Ill. App. Ct. 2019). “1(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3.1(a) (West 2016)). For the following reasons, we affirm the conviction and vacate the public defender reimbursement fee.”
People v. Shaw, 2016 IL App (4th) 150444 (Ill. App. Ct. 2016). “1(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-3.1(a) (West 2012)). In addition, we now consider the remaining issues over which we retained jurisdiction, including whether the trial court erred in admitting evidence, over objection, and allowing argument…”
People v. Gutierrez, 962 N.E.2d 437 (Ill. 2012). “1(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3.1(a) (West 2008)) because defendant had not been provided with notice and a hearing.”
People v. Gutierrez, 2012 IL 111590 (Ill. 2012). “) 725 ILCS 5/113-3.1(a) (West 2010). ¶ 18 In Love, the trial court ordered the defendant to pay a public defender fee, but did not hold a section 113-3.”
People v. Lewis, 912 N.E.2d 1220 (Ill. 2009). “1(a) does not contain any language demonstrating a legislative intent to exempt challenges to street-value fines from the normal rules of procedural default.”
People v. Sophanavong, 2020 IL 124337 (Ill. 2020). “1 [of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3.1 (West 1994))] requires vacatur of the reimbursement order, despite defendant’s failure to object.”
People v. Henderson, 789 N.E.2d 774 (Ill. App. Ct. 2003). “"Whenever * * * the court appoints counsel to represent a defendant, the court may order the defendant to pay to the Clerk of the Circuit Court a reasonable sum to reimburse either the county or the State for such representation.”
People v. Aguirre-Alarcon, 2016 IL App (4th) 140455 (Ill. App. Ct. 2016). “725 ILCS 5/113-3.1(a) (West 2010). In April 2014, the court entered a denial of the motion to reconsider.”
People v. Somers, 2013 IL 114054 (Ill. 2013). “1(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3.1(a) (West 2010)) when it imposed the public defender fee.”
People v. Grayson, 747 N.E.2d 460 (Ill. App. Ct. 2001). “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-3.1 (West 1998)). Defendant appeals, arguing that (1) the State failed to prove beyond a reasonable doubt that he did not act in self-defense; and (2) the trial court erred by (a) admitting into evidence, under…”
— 725 ILCS 5/113-3.1(a) — 73 cases
People v. Hardman, 2017 IL 121453 (Ill. 2017). “See 725 ILCS 5/113-3.1(a) (West 2012). Hardman appealed, arguing that the State failed to prove that he committed the offense within 1000 feet of a school, that the public defender fee was imposed without a proper hearing, and that the mittimus should be amended to reflect the…”
People v. Gordon, 2019 IL App (5th) 160455 (Ill. App. Ct. 2019). “1(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3.1(a) (West 2016)). For the following reasons, we affirm the conviction and vacate the public defender reimbursement fee.”
People v. Shaw, 2016 IL App (4th) 150444 (Ill. App. Ct. 2016). “1(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-3.1(a) (West 2012)). In addition, we now consider the remaining issues over which we retained jurisdiction, including whether the trial court erred in admitting evidence, over objection, and allowing argument…”
People v. Gutierrez, 962 N.E.2d 437 (Ill. 2012). “1(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113-3.1(a) (West 2008)) because defendant had not been provided with notice and a hearing.”
People v. Gutierrez, 2012 IL 111590 (Ill. 2012). “) 725 ILCS 5/113-3.1(a) (West 2010). ¶ 18 In Love, the trial court ordered the defendant to pay a public defender fee, but did not hold a section 113-3.”
— 725 ILCS 5/113-3.1(b) — 1 case
People v. Henderson, 789 N.E.2d 774 (Ill. App. Ct. 2003). “"Whenever * * * the court appoints counsel to represent a defendant, the court may order the defendant to pay to the Clerk of the Circuit Court a reasonable sum to reimburse either the county or the State for such representation.”
— 725 ILCS 5/113-3.1(d) — 2 cases
People v. Hardman, 2017 IL 121453 (Ill. 2017). “See 725 ILCS 5/113-3.1(a) (West 2012). Hardman appealed, arguing that the State failed to prove that he committed the offense within 1000 feet of a school, that the public defender fee was imposed without a proper hearing, and that the mittimus should be amended to reflect the…”
People v. Hardman, 2017 IL 121453 (Ill. 2018).
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