31.110 Persons entitled to department representation and services -- Extent
646 words·~3 min read·
/ky/31-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of representation and services -- Rights of representation for persons
subject to proceedings under KRS Chapter 202C.
(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)Except as provided in subsection (2)(c) of this section, 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 or her 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, including any appeal
from a post-conviction or post-disposition action. However, if the
department and the court of competent jurisdiction 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. In
cases involving a minor under the age of eighteen (18), prior to making a
determination on whether or not a post-disposition action is a proceeding
that a reasonable person with adequate means would be willing to bring
at his or her own expense, an attorney with the department shall be
granted access to the court file of the minor:
1. Without the requirement of a formal court order in which the attorney
has provided a release signed by the minor or the minor's legal
guardian authorizing the use of the records; and
2. Notwithstanding any other statute prohibiting the disclosure of a
juvenile court file.
(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. Prior to
representation, an attorney with the department shall be granted access to the
court file of the minor and residential treatment center or detention center
records pertaining to the juvenile:
(a)Without entering an appearance as an attorney of record; and
(b)Notwithstanding any other statute prohibiting the disclosure of a juvenile's
record, including KRS 15A.0651, 610.320, 610.340, or 610.345.
(5)A person, whether a needy person or not, who is subject to a proceeding under
KRS Chapter 202C and is unrepresented at any time shall be entitled to the
same rights of representation as a needy person under subsection
(1)of this
section.