22-4513.Liability of defendant for expenditures by state board; judgment;determinationof amount and method of payment; liability of others for expenditures.(a) If thedefendant is convicted, all expenditures made by the state boardof indigents' defense services to provide counsel and other defense services tosuch defendant or the amount allowed by the board of indigents' defensereimbursement tables as provided in K.S.A. 22-4522, and amendments thereto,whichever is less,shall be taxed against the defendant and shall be enforced as judgments forpayment of money in civil cases.
(b) In determining the amount and method of payment of such sum, the courtshall take account of the financial resources of the defendant and the natureof the burden that payment of such sum will impose. A defendant who hasbeen required to pay such sum and who is not willfully in default in thepayment thereof may at any time petition the court which sentenced thedefendantto waive payment of such sum or of any unpaid portion thereof. If it appearsto the satisfaction of the court that payment of the amount due will imposemanifest hardship on the defendant or the defendant's immediate family,the court may waive payment of all or part of the amount due or modify themethod of payment.
(c) Whenever any judgment has been entered pursuant to subsection (a) ofthissection, a sum equal tosuch judgment may be recovered by the state of Kansas forthe benefitof the state general fund from any personsto whom theindigent defendant shall have transferred any of the defendant'spropertywithout adequate monetary consideration after the commission of thealleged crime, to the extent of the value of such transfer, and suchpersons are hereby made liable to reimburse the state of Kansas with interestat 6% per annum. Any action torecover judgment for such expenditures shall be prosecuted by theattorney general, who may require the assistance of the county attorneyof the county in which the action is to be filed, and such action shallbe governed by the provisions of the code of civil procedure relating toactions for the recovery of money. No action shall be brought againstany person under the provisions of this section to recover for sumsexpended on behalf of an indigent defendant, unless such action shallhave been filed within two years after the date of the expenditure by thestate board of indigents' defense services.
History: L. 1969, ch. 291, § 13; L. 1976, ch. 169, § 3; L. 1981,ch. 157, § 2; L. 1982, ch. 142, § 24;L. 1997, ch. 181, § 23; July 1.
22-4513.Liability of defendant for expenditures by state board; judgment;determinationof amount and method of payment; liability of others for expenditures.(a) If thedefendant is convicted, all expenditures made by the state boardof indigents' defense services to provide counsel and other defense services tosuch defendant or the amount allowed by the board of indigents' defensereimbursement tables as provided in K.S.A. 22-4522, and amendments thereto,whichever is less,shall be taxed against the defendant and shall be enforced as judgments forpayment of money in civil cases.
(b) In determining the amount and method of payment of such sum, the courtshall take account of the financial resources of the defendant and the natureof the burden that payment of such sum will impose. A defendant who hasbeen required to pay such sum and who is not willfully in default in thepayment thereof may at any time petition the court which sentenced thedefendantto waive payment of such sum or of any unpaid portion thereof. If it appearsto the satisfaction of the court that payment of the amount due will imposemanifest hardship on the defendant or the defendant's immediate family,the court may waive payment of all or part of the amount due or modify themethod of payment.
(c) Whenever any judgment has been entered pursuant to subsection (a) ofthissection, a sum equal tosuch judgment may be recovered by the state of Kansas forthe benefitof the state general fund from any personsto whom theindigent defendant shall have transferred any of the defendant'spropertywithout adequate monetary consideration after the commission of thealleged crime, to the extent of the value of such transfer, and suchpersons are hereby made liable to reimburse the state of Kansas with interestat 6% per annum. Any action torecover judgment for such expenditures shall be prosecuted by theattorney general, who may require the assistance of the county attorneyof the county in which the action is to be filed, and such action shallbe governed by the provisions of the code of civil procedure relating toactions for the recovery of money. No action shall be brought againstany person under the provisions of this section to recover for sumsexpended on behalf of an indigent defendant, unless such action shallhave been filed within two years after the date of the expenditure by thestate board of indigents' defense services.
History: L. 1969, ch. 291, § 13; L. 1976, ch. 169, § 3; L. 1981,ch. 157, § 2; L. 1982, ch. 142, § 24;L. 1997, ch. 181, § 23; July 1.
22-4513.Liability of defendant for expenditures by state board; judgment;determinationof amount and method of payment; liability of others for expenditures.(a) If thedefendant is convicted, all expenditures made by the state boardof indigents' defense services to provide counsel and other defense services tosuch defendant or the amount allowed by the board of indigents' defensereimbursement tables as provided in K.S.A. 22-4522, and amendments thereto,whichever is less,shall be taxed against the defendant and shall be enforced as judgments forpayment of money in civil cases.
(b) In determining the amount and method of payment of such sum, the courtshall take account of the financial resources of the defendant and the natureof the burden that payment of such sum will impose. A defendant who hasbeen required to pay such sum and who is not willfully in default in thepayment thereof may at any time petition the court which sentenced thedefendantto waive payment of such sum or of any unpaid portion thereof. If it appearsto the satisfaction of the court that payment of the amount due will imposemanifest hardship on the defendant or the defendant's immediate family,the court may waive payment of all or part of the amount due or modify themethod of payment.
(c) Whenever any judgment has been entered pursuant to subsection (a) ofthissection, a sum equal tosuch judgment may be recovered by the state of Kansas forthe benefitof the state general fund from any personsto whom theindigent defendant shall have transferred any of the defendant'spropertywithout adequate monetary consideration after the commission of thealleged crime, to the extent of the value of such transfer, and suchpersons are hereby made liable to reimburse the state of Kansas with interestat 6% per annum. Any action torecover judgment for such expenditures shall be prosecuted by theattorney general, who may require the assistance of the county attorneyof the county in which the action is to be filed, and such action shallbe governed by the provisions of the code of civil procedure relating toactions for the recovery of money. No action shall be brought againstany person under the provisions of this section to recover for sumsexpended on behalf of an indigent defendant, unless such action shallhave been filed within two years after the date of the expenditure by thestate board of indigents' defense services.
History: L. 1969, ch. 291, § 13; L. 1976, ch. 169, § 3; L. 1981,ch. 157, § 2; L. 1982, ch. 142, § 24;L. 1997, ch. 181, § 23; July 1.
