2015 Kentucky Revised Statutes CHAPTER 31 - DEPARTMENT OF PUBLIC ADVOCACY 31.110 Persons entitled to department representation and services -- Extent of representation and services.
Download as PDF
31.110 Persons entitled to department representation and services -- Extent of
representation and services.
(1)
(2)
(3)
(4)
A needy person who is being detained by a law enforcement officer, on suspicion of
having committed, or who is under formal charge of having committed, or is being
detained under a conviction of, a serious crime, or who is accused of having
committed a public or status offense or who has been committed to the Department
of Juvenile Justice or Cabinet for Health and Family Services for having committed
a public or status offense as those are defined by KRS 610.010(1), 610.010(2)(a),
(b), (c), or 630.020(2) is entitled:
(a) To be represented by an attorney to the same extent as a person having his or
her own counsel is so entitled; and
(b) Except as provided in subsection (2)(c) of this section, to be provided with the
necessary services and facilities of representation, including investigation and
other preparation. The courts in which the defendant is tried shall waive all
costs.
A needy person who is entitled to be represented by an attorney under subsection
(1) of this section is entitled:
(a) To be counseled and defended at all stages of the matter beginning with the
earliest time when a person providing his or her own counsel would be
entitled to be represented by an attorney and including revocation of probation
or parole;
(b) To be represented in any appeal; and
(c) To be represented in any other post-conviction, or, if a minor under the age of
eighteen (18), post-disposition proceeding, including any appeal from a postconviction or post-disposition action. However, if the department and the
court of competent jurisdiction determines that it is not a proceeding that a
reasonable person with adequate means would be willing to bring at his or her
own expense, there shall be no further right to be represented by counsel
under the provisions of this chapter. In cases involving a minor under the age
of eighteen (18), prior to making a determination on whether or not a postdisposition action is a proceeding that a reasonable person with adequate
means would be willing to bring at his or her own expense, an attorney with
the department shall be granted access to the court file of the minor:
1.
Without the requirement of a formal court order in which the attorney
has provided a release signed by the minor or the minor's legal guardian
authorizing the use of the records; and
2.
Notwithstanding any other statute prohibiting the disclosure of a
juvenile court file.
A needy person's right to a benefit under subsection (1) or (2) of this section is not
affected by his or her having provided a similar benefit at his or her own expense, or
by he or she having waived it, at an earlier stage.
A person, whether a needy person or not, who is a minor under the age of eighteen
(18) and who is in the custody of the Department of Juvenile Justice and is residing
in a residential treatment center or detention center is entitled to be represented on a
legal claim related to his or her confinement involving violations of federal or state
statutory rights or constitutional rights. Prior to representation, an attorney with the
department shall be granted access to the court file of the minor and residential
treatment center or detention center records pertaining to the juvenile:
(a) Without entering an appearance as an attorney of record; and
(b) Notwithstanding any other statute prohibiting the disclosure of a juvenile's
record, including KRS 15A.0651, 610.320, 610.340, or 610.345.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 87, sec. 3, effective July 15, 2014. -- Amended
2008 Ky. Acts ch. 87, sec. 15, effective July 15, 2008. -- Amended 2005 Ky. Acts ch.
99, sec. 101, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 283, sec. 11,
effective July 15, 2002. -- Created 1972 Ky. Acts ch. 353, sec. 11.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.