31.110 Persons entitled to department representation and services -- Extent of representation and services. - Kentucky Statutes

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31.110 Persons entitled to department representation and services -- Extent of representation and services. (1) 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) 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. (2) 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 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 that the attorney and the needy
person considers appropriate. However, if the counsel appointed in such post-
conviction, or, if a minor under the age of eighteen (18), post-disposition
remedy, with the court involved, 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. (3) 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. (4) 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. Effective: July 15, 2008
History: 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.