KRS § 31.185 — KY Code / Title IV / Chapter 31 / Section 31.185
31.185 Facilities available to department -- Ex parte request for funds for representation -- Funding responsibility -- Finance and Administration special account and payment
Status: in_force

31.185 Facilities available to department -- Ex parte request for funds for

representation -- Funding responsibility -- Finance and Administration special

account and payment.

(1) Any defending attorney operating under the provisions of this chapter is entitled to

use the same state facilities for the evaluation of evidence as are available to the

attorney representing the Commonwealth. If he or she considers their use

impractical, the court of competent jurisdiction in which the case is pending may

authorize the use of private facilities to be paid for on court order from the special

account of the Finance and Administration Cabinet.

(2) The defending attorney may request to be heard ex parte and on the record with

regard to using private facilities under subsection (1) of this section. If the

defending attorney so requests, the court shall conduct the hearing ex parte and on

the record.

(3) Any direct expense, including the cost of a transcript or bystander's bill of

exceptions or other substitute for a transcript that is necessarily incurred in

representing a needy person under this chapter, are charges against the county,

urban-county government, charter county government, unified local government, or

consolidated local government on behalf of which the service is performed and shall

be paid from the special account established in subsection (4) of this section and in

accordance with procedures provided in subsection (5) of this section. However, a

charge under this subsection shall not exceed the established rate charged by the

Commonwealth and its agencies.

(4) The consolidated local government, charter county government, unified local

government, fiscal court of each county, or legislative body of an urban-county

government shall annually appropriate twelve and a half cents ($0.125) per capita of

the population of the county, as determined by the Council of Local Governments'

most recent population statistics, to a special account to be administered by the

Finance and Administration Cabinet to pay court orders entered against counties

pursuant to subsection (1) or (3) of this section. The funds in this account shall not

lapse and shall remain in the special account.

(5) The Finance and Administration Cabinet shall pay all court orders entered pursuant

to subsection (1) or (3) of this section from the special account until the funds in the

account are depleted. If in any given year the special account, including any funds

from prior years, is depleted and court orders entered against counties pursuant to

subsection (1) or (3) of this section for that year or any prior year remain unpaid, the

Finance and Administration Cabinet shall pay those orders from the Treasury in the

same manner in which judgments against the Commonwealth and its agencies are

paid.

(6) Expenses incurred in the representation of needy persons confined in a state

correctional institution shall be paid from the special account established in

subsection (4) of this section and in accordance with the procedures provided in

subsection (5) of this section.

(7) Only court orders entered after July 15, 1994, shall be payable from the special

account administered by the Finance and Administration Cabinet or from the

Treasury as provided in subsections (4) and (5) of this section.