Kentucky Statutes 31.211 v2 – Determination of ability to pay partial fee for representation and services at arraignment — Collection of unpaid partial fee by civil judgment — Funds placed in special trust and agency account. (Effective July 1, 2024)
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(1) 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.
(2) 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.
(3) All moneys collected by the public advocate from indigent defendants pursuant to subsection (1) of this section shall be credited to the Department of Public Advocacy special trust and agency account to be used to support the state public advocacy system.
(4) 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.
(5) Department of Public Advocacy attorneys shall forward all information that indicates that payment or reimbursement may be obtained pursuant to subsection (4) of this section.
(6) The duty of recovery contemplated by subsection (4) 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).
(7) 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 1, 2024
History: Amended 2023 Ky. Acts ch. 144, sec. 2, effective July 1, 2024. — Amended
2014 Ky. Acts ch. 87, sec. 8, effective July 15, 2014. — Created 2002 Ky. Acts ch.
283, sec. 14, effective July 15, 2002.
(2) 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
Terms Used In Kentucky Statutes 31.211 v2
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
426.
(3) All moneys collected by the public advocate from indigent defendants pursuant to subsection (1) of this section shall be credited to the Department of Public Advocacy special trust and agency account to be used to support the state public advocacy system.
(4) 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.
(5) Department of Public Advocacy attorneys shall forward all information that indicates that payment or reimbursement may be obtained pursuant to subsection (4) of this section.
(6) The duty of recovery contemplated by subsection (4) 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).
(7) 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 1, 2024
History: Amended 2023 Ky. Acts ch. 144, sec. 2, effective July 1, 2024. — Amended
2014 Ky. Acts ch. 87, sec. 8, effective July 15, 2014. — Created 2002 Ky. Acts ch.
283, sec. 14, effective July 15, 2002.