2014 Kentucky Revised Statutes CHAPTER 31 - DEPARTMENT OF PUBLIC ADVOCACY 31.211 Determination of ability to pay partial fee for representation and services at arraignment -- Collection of unpaid partial fee by civil judgment -- Partial fee credited to local office or department -- Funds placed in special trust and agency account.
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31.211
Determination of ability to pay partial fee for representation and
services at arraignment -- Collection of unpaid partial fee by civil
judgment -- Partial fee credited to local office or department -- Funds
placed in special trust and agency account.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
At arraignment, the court shall conduct a nonadversarial hearing to determine
whether a person who has requested a public defender is able to pay a partial
fee for legal representation, the other necessary services and facilities of
representation, and court costs. The court shall order payment in an amount
determined by the court and may order that the payment be made in a lump
sum or by installment payments to recover money for representation provided
under this chapter. This partial fee determination shall be made at each stage
of the proceedings.
If the partial fee, or any portion thereof, is not paid by the due date, the court's
order is a civil judgment subject to collection under Civil Rule 69.03 and KRS
Chapter 426.
All moneys received by the public advocate from indigent defendants pursuant
to subsection (1) of this section shall be credited to the public advocate fund of
the county in which the trial is held if the county has a plan pursuant to KRS
31.060 or 31.065(1) which has been approved by the public advocate pursuant
to KRS 31.050. Moneys credited to a county public advocate fund may be used
only to support the public advocate program of that county.
All moneys collected by the public advocate from indigent defendants pursuant
to subsection (1) of this section in counties with a local public advocacy system
established by the public advocate pursuant to KRS 31.065(2) shall be credited
to the Department of Public Advocacy special trust and agency account to be
used to support the state public advocacy system.
If a person receives legal assistance or other benefit under this chapter to
which he or she is not entitled or if a person receives legal assistance under
this chapter and is financially able to pay for representation on the date the suit
is brought, the public advocate, on behalf of the Commonwealth, shall recover,
where practical, payment or reimbursement, as the case may be, from the
person who received the legal assistance or his or her estate. Suit shall be
brought within five (5) years after the date on which the aid was received.
Any attorney participating in a public advocacy plan shall forward all
information which he or she may have which indicates that payment or
reimbursement may be obtained pursuant to subsection (5) of this section.
The duty of recovery contemplated by subsection (5) of this section shall
extend against persons who were the custodial parents or guardians of
unemancipated minors at the time these minors were deemed needy as
defined in KRS 31.100(5)(c) or (d).
All moneys collected under this section shall be placed in a special trust and
agency account for the Department of Public Advocacy, and the funds shall not
lapse.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 87, sec. 8, effective July 15, 2014. -- Created
2002 Ky. Acts ch. 283, sec. 14, effective July 15, 2002.
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