2014 Kentucky Revised Statutes CHAPTER 31 - DEPARTMENT OF PUBLIC ADVOCACY 31.185 Facilities available to department -- Ex parte request for funds for representation -- Funding responsibility -- Finance and Administration special account and payment.
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31.185 Facilities available to department -- Ex parte request for funds for
representation -- Funding responsibility -- Finance and Administration
special account and payment.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any defending attorney operating under the provisions of this chapter is
entitled to use the same state facilities for the evaluation of evidence as are
available to the attorney representing the Commonwealth. If he or she
considers their use impractical, the court of competent jurisdiction in which the
case is pending may authorize the use of private facilities to be paid for on
court order from the special account of the Finance and Administration
Cabinet.
The defending attorney may request to be heard ex parte and on the record
with regard to using private facilities under subsection (1) of this section. If the
defending attorney so requests, the court shall conduct the hearing ex parte
and on the record.
Any direct expense, including the cost of a transcript or bystander's bill of
exceptions or other substitute for a transcript that is necessarily incurred in
representing a needy person under this chapter, are charges against the
county, urban-county government, charter county government, unified local
government, or consolidated local government on behalf of which the service is
performed and shall be paid from the special account established in subsection
(4) of this section and in accordance with procedures provided in subsection
(5) of this section. However, a charge under this subsection shall not exceed
the established rate charged by the Commonwealth and its agencies.
The consolidated local government, charter county government, unified local
government, fiscal court of each county, or legislative body of an urban-county
government shall annually appropriate twelve and a half cents ($0.125) per
capita of the population of the county, as determined by the Council of Local
Governments' most recent population statistics, to a special account to be
administered by the Finance and Administration Cabinet to pay court orders
entered against counties pursuant to subsection (1) or (3) of this section. The
funds in this account shall not lapse and shall remain in the special account.
The Finance and Administration Cabinet shall pay all court orders entered
pursuant to subsection (1) or (3) of this section from the special account until
the funds in the account are depleted. If in any given year the special account,
including any funds from prior years, is depleted and court orders entered
against counties pursuant to subsection (1) or (3) of this section for that year or
any prior year remain unpaid, the Finance and Administration Cabinet shall pay
those orders from the Treasury in the same manner in which judgments against
the Commonwealth and its agencies are paid.
Expenses incurred in the representation of needy persons confined in a state
correctional institution shall be paid from the special account established in
subsection (4) of this section and in accordance with the procedures provided
in subsection (5) of this section.
Only court orders entered after July 15, 1994, shall be payable from the special
account administered by the Finance and Administration Cabinet or from the
Treasury as provided in subsections (4) and (5) of this section.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 87, sec. 5, effective July 15, 2014. -Amended 2002 Ky. Acts ch. 283, sec. 13, effective July 15, 2002; and ch. 346,
sec. 8, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 491, sec. 5,
effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 395, sec. 4, effective July
15, 1994. -- Created 1974 Ky. Acts ch. 358, sec. 11.
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