31.110 Persons entitled to department representation and services -- Extent of representation and services.
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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 <br>detained under a conviction of, a serious crime, or who is accused of having <br>committed a public or status offense or who has been committed to the Department <br>of Juvenile Justice or Cabinet for Health and Family Services for having committed <br>a public or status offense as those are defined by KRS 610.010(1), 610.010(2)(a), <br>(b), (c), or 630.020(2) is entitled: <br>(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 <br>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: <br>(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 <br>represented by an attorney and including revocation of probation or parole;
(b) To be represented in any appeal; and <br>(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 <br>person considers appropriate. However, if the counsel appointed in such post-<br>conviction, or, if a minor under the age of eighteen (18), post-disposition <br>remedy, with the court involved, determines that it is not a proceeding that a <br>reasonable person with adequate means would be willing to bring at his or her <br>own expense, there shall be no further right to be represented by counsel <br>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 <br>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 <br>in a residential treatment center or detention center is entitled to be represented on a <br>legal claim related to his or her confinement involving violations of federal or state <br>statutory rights or constitutional rights.
Effective: July 15, 2008 <br>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 <br>ch. 283, sec. 11, effective July 15, 2002. -- Created 1972 Ky. Acts ch. 353, sec. 11.
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