22-4504.Same; determination of indigency; partialindigency, effect; disposition of payments forappointed counsel services; no fee for electronic access to courtrecords.(a) When any defendant who is entitled to have the assistance ofcounsel, under the provisions of K.S.A. 22-4503, and amendments thereto,claimsto befinancially unable to employ counsel, thecourt shall require that the defendant file an affidavit containing suchinformation and in the form as prescribed by rules and regulations adoptedby the state board of indigents' defense services. The affidavit filed bythe defendant shall become a part of the permanent file of the case.The court may interrogate the defendant under oath concerning thecontents of the affidavit and may direct the county or districtattorney, sheriff, marshal or other officer of the county to investigateand report upon the financial condition of the defendant and may alsorequire the production of evidence upon the issue of the defendant'sfinancial inability to employ counsel.
(b) Upon the basis of the defendant'saffidavit, the defendant's statements underoath, and such other competent evidence as may be brought to theattention of the court, which shall be made part of therecord in the case, the court shall determine whether thedefendant is financially unable to employ counsel. In making suchdetermination the court shall consider the defendant's assets andincome; the amount needed for the payment of reasonable and necessaryexpenses incurred, or which must be incurred to support the defendantand the defendant's immediate family; the anticipated cost of effectiverepresentation by employed counsel; and any property which may have beentransferred or conveyed by the defendant to any person without adequatemonetary consideration after the commission of the alleged crime. If thedefendant's assets and income are not sufficient to cover theanticipated cost of effective representation by employed counsel whenthe length and complexity of the anticipated proceedings are taken fullyinto account, the defendant shall be determined indigent in full or inpart and the court shall appoint an attorney as provided inK.S.A. 22-4503, and amendments thereto. If the court determines that thedefendant is financiallyable to employ counsel, the court shall so advise the defendant andshall give the defendant a reasonable opportunity to employ an attorneyof the defendant's own choosing. All determinations by acourt as to whether a defendant is financially unable to employ counselshall be subject to and in accordance with rules and regulations adoptedby the state board of indigents' defense services under this act.
(c) The court shall inform the defendant for whom counsel isappointed that the amount expended by the state in providing counsel andother defense services may be entered as a judgment against thedefendant if the defendant is convicted and found to be financially ableto pay the amount, and that an action to recover such amount may be broughtagainst any person to whom the defendant may have transferred orconveyed any of the defendant's property without adequate monetaryconsideration after the date of the commission of the alleged crime. Adetermination by the court that the defendant is financially unable toemploy counsel or pay other costs of the defendant'sdefense maypreclude a recovery from the defendant but may not preclude recovery fromany person to whom thedefendant may have transferred or conveyed any property without adequatemonetary consideration after the date of the commission of the allegedcrime.
(d) If found to be indigent in part, the defendant shall be promptlyinformed of the terms under which the defendant may be expected to payfor counsel. Any payments pursuant to such terms shall apply upon anyjudgment entered pursuant to K.S.A. 22-4513, and amendments thereto.Payments madefor services of appointed counsel provided under K.S.A. 22-4503, andamendmentsthereto, shall be paid to the clerk of the district court. The clerk ofthe district court shall remit all moneys received as payment forservices of appointed counsel under this section to thestate board of indigents' defense services at least monthly and the board shallremit all moneys received under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the statetreasurer shalldeposit the entire amount in the state treasury to the credit ofthe state general fund.
(e) The determination that a defendant is indigent or partiallyindigent shall be subject to review at any time by any court before whomthe cause is then pending.
(f) Thestate board of indigents' defense services shall adoptrules and regulations in accordance with K.S.A. 77-415 et seq., andamendments thereto, relating to the income, assets and anticipated costsof representation for the purpose of determining whether a defendant isfinancially able to employ counsel and the ability of a defendant to contributeto the cost of the defendant's legal defense services.
(g) Whenever it is determined that electronic access to court records isnecessary to present a defendant's cause adequately and it is furtherdetermined that the defendant is indigent, the court having jurisdiction in thematter shall order that the records be supplied to the defendant, at no charge,by the electronic access service.The state board of indigents'defense services shall be exempt from paying user fees to access electroniccourt records.
22-4504.Same; determination of indigency; partialindigency, effect; disposition of payments forappointed counsel services; no fee for electronic access to courtrecords.(a) When any defendant who is entitled to have the assistance ofcounsel, under the provisions of K.S.A. 22-4503, and amendments thereto,claimsto befinancially unable to employ counsel, thecourt shall require that the defendant file an affidavit containing suchinformation and in the form as prescribed by rules and regulations adoptedby the state board of indigents' defense services. The affidavit filed bythe defendant shall become a part of the permanent file of the case.The court may interrogate the defendant under oath concerning thecontents of the affidavit and may direct the county or districtattorney, sheriff, marshal or other officer of the county to investigateand report upon the financial condition of the defendant and may alsorequire the production of evidence upon the issue of the defendant'sfinancial inability to employ counsel.
(b) Upon the basis of the defendant'saffidavit, the defendant's statements underoath, and such other competent evidence as may be brought to theattention of the court, which shall be made part of therecord in the case, the court shall determine whether thedefendant is financially unable to employ counsel. In making suchdetermination the court shall consider the defendant's assets andincome; the amount needed for the payment of reasonable and necessaryexpenses incurred, or which must be incurred to support the defendantand the defendant's immediate family; the anticipated cost of effectiverepresentation by employed counsel; and any property which may have beentransferred or conveyed by the defendant to any person without adequatemonetary consideration after the commission of the alleged crime. If thedefendant's assets and income are not sufficient to cover theanticipated cost of effective representation by employed counsel whenthe length and complexity of the anticipated proceedings are taken fullyinto account, the defendant shall be determined indigent in full or inpart and the court shall appoint an attorney as provided inK.S.A. 22-4503, and amendments thereto. If the court determines that thedefendant is financiallyable to employ counsel, the court shall so advise the defendant andshall give the defendant a reasonable opportunity to employ an attorneyof the defendant's own choosing. All determinations by acourt as to whether a defendant is financially unable to employ counselshall be subject to and in accordance with rules and regulations adoptedby the state board of indigents' defense services under this act.
(c) The court shall inform the defendant for whom counsel isappointed that the amount expended by the state in providing counsel andother defense services may be entered as a judgment against thedefendant if the defendant is convicted and found to be financially ableto pay the amount, and that an action to recover such amount may be broughtagainst any person to whom the defendant may have transferred orconveyed any of the defendant's property without adequate monetaryconsideration after the date of the commission of the alleged crime. Adetermination by the court that the defendant is financially unable toemploy counsel or pay other costs of the defendant'sdefense maypreclude a recovery from the defendant but may not preclude recovery fromany person to whom thedefendant may have transferred or conveyed any property without adequatemonetary consideration after the date of the commission of the allegedcrime.
(d) If found to be indigent in part, the defendant shall be promptlyinformed of the terms under which the defendant may be expected to payfor counsel. Any payments pursuant to such terms shall apply upon anyjudgment entered pursuant to K.S.A. 22-4513, and amendments thereto.Payments madefor services of appointed counsel provided under K.S.A. 22-4503, andamendmentsthereto, shall be paid to the clerk of the district court. The clerk ofthe district court shall remit all moneys received as payment forservices of appointed counsel under this section to thestate board of indigents' defense services at least monthly and the board shallremit all moneys received under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the statetreasurer shalldeposit the entire amount in the state treasury to the credit ofthe state general fund.
(e) The determination that a defendant is indigent or partiallyindigent shall be subject to review at any time by any court before whomthe cause is then pending.
(f) Thestate board of indigents' defense services shall adoptrules and regulations in accordance with K.S.A. 77-415 et seq., andamendments thereto, relating to the income, assets and anticipated costsof representation for the purpose of determining whether a defendant isfinancially able to employ counsel and the ability of a defendant to contributeto the cost of the defendant's legal defense services.
(g) Whenever it is determined that electronic access to court records isnecessary to present a defendant's cause adequately and it is furtherdetermined that the defendant is indigent, the court having jurisdiction in thematter shall order that the records be supplied to the defendant, at no charge,by the electronic access service.The state board of indigents'defense services shall be exempt from paying user fees to access electroniccourt records.
22-4504.Same; determination of indigency; partialindigency, effect; disposition of payments forappointed counsel services; no fee for electronic access to courtrecords.(a) When any defendant who is entitled to have the assistance ofcounsel, under the provisions of K.S.A. 22-4503, and amendments thereto,claimsto befinancially unable to employ counsel, thecourt shall require that the defendant file an affidavit containing suchinformation and in the form as prescribed by rules and regulations adoptedby the state board of indigents' defense services. The affidavit filed bythe defendant shall become a part of the permanent file of the case.The court may interrogate the defendant under oath concerning thecontents of the affidavit and may direct the county or districtattorney, sheriff, marshal or other officer of the county to investigateand report upon the financial condition of the defendant and may alsorequire the production of evidence upon the issue of the defendant'sfinancial inability to employ counsel.
(b) Upon the basis of the defendant'saffidavit, the defendant's statements underoath, and such other competent evidence as may be brought to theattention of the court, which shall be made part of therecord in the case, the court shall determine whether thedefendant is financially unable to employ counsel. In making suchdetermination the court shall consider the defendant's assets andincome; the amount needed for the payment of reasonable and necessaryexpenses incurred, or which must be incurred to support the defendantand the defendant's immediate family; the anticipated cost of effectiverepresentation by employed counsel; and any property which may have beentransferred or conveyed by the defendant to any person without adequatemonetary consideration after the commission of the alleged crime. If thedefendant's assets and income are not sufficient to cover theanticipated cost of effective representation by employed counsel whenthe length and complexity of the anticipated proceedings are taken fullyinto account, the defendant shall be determined indigent in full or inpart and the court shall appoint an attorney as provided inK.S.A. 22-4503, and amendments thereto. If the court determines that thedefendant is financiallyable to employ counsel, the court shall so advise the defendant andshall give the defendant a reasonable opportunity to employ an attorneyof the defendant's own choosing. All determinations by acourt as to whether a defendant is financially unable to employ counselshall be subject to and in accordance with rules and regulations adoptedby the state board of indigents' defense services under this act.
(c) The court shall inform the defendant for whom counsel isappointed that the amount expended by the state in providing counsel andother defense services may be entered as a judgment against thedefendant if the defendant is convicted and found to be financially ableto pay the amount, and that an action to recover such amount may be broughtagainst any person to whom the defendant may have transferred orconveyed any of the defendant's property without adequate monetaryconsideration after the date of the commission of the alleged crime. Adetermination by the court that the defendant is financially unable toemploy counsel or pay other costs of the defendant'sdefense maypreclude a recovery from the defendant but may not preclude recovery fromany person to whom thedefendant may have transferred or conveyed any property without adequatemonetary consideration after the date of the commission of the allegedcrime.
(d) If found to be indigent in part, the defendant shall be promptlyinformed of the terms under which the defendant may be expected to payfor counsel. Any payments pursuant to such terms shall apply upon anyjudgment entered pursuant to K.S.A. 22-4513, and amendments thereto.Payments madefor services of appointed counsel provided under K.S.A. 22-4503, andamendmentsthereto, shall be paid to the clerk of the district court. The clerk ofthe district court shall remit all moneys received as payment forservices of appointed counsel under this section to thestate board of indigents' defense services at least monthly and the board shallremit all moneys received under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the statetreasurer shalldeposit the entire amount in the state treasury to the credit ofthe state general fund.
(e) The determination that a defendant is indigent or partiallyindigent shall be subject to review at any time by any court before whomthe cause is then pending.
(f) Thestate board of indigents' defense services shall adoptrules and regulations in accordance with K.S.A. 77-415 et seq., andamendments thereto, relating to the income, assets and anticipated costsof representation for the purpose of determining whether a defendant isfinancially able to employ counsel and the ability of a defendant to contributeto the cost of the defendant's legal defense services.
(g) Whenever it is determined that electronic access to court records isnecessary to present a defendant's cause adequately and it is furtherdetermined that the defendant is indigent, the court having jurisdiction in thematter shall order that the records be supplied to the defendant, at no charge,by the electronic access service.The state board of indigents'defense services shall be exempt from paying user fees to access electroniccourt records.
