KRS § 31.110 — KY Code / Title IV / Chapter 31 / Section 31.110
31.110 Persons entitled to department representation and services -- Extent of representation and services -- Rights of representation for persons subject to proceedings under KRS Chapter 202C
Status: in_force

31.110 Persons entitled to department representation and services -- Extent

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.