31.100 Definitions.
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31.100 Definitions.
The following terms and standards shall apply, subject to further definition and regulation <br>by the Department of Public Advocacy. <br>(1) "Detain" means to have in custody or otherwise deprive of freedom of action; <br>(2) "Expenses," when used with reference to representation under this chapter, includes
the expenses of investigation, other preparation, and trial, together with the <br>expenses of any appeal;
(3) "Needy person" or "indigent person" means:
(a) A person eighteen (18) years of age or older or emancipated minor under the
age of eighteen (18) who, at the time his or her need is determined, is unable <br>to provide for the payment of an attorney and all other necessary expenses of <br>representation;
(b) A minor, under the age of eighteen (18), who is party defendant in an action of
being an habitual runaway from his or her parent or person exercising control <br>or supervision of the child brought under KRS 630.020(1) or of being beyond <br>the control of parents brought under KRS 630.020(2), and at the time his or <br>her need is determined is unable to provide for the payment of an attorney and <br>all other necessary expenses of representation;
(c) An unemancipated minor, under the age of eighteen (18), who allegedly has
committed an offense as described in KRS 610.010(1), or who allegedly is <br>beyond the control of the school as described in KRS 610.010(2)(a), or who <br>allegedly is an habitual truant from school as described in KRS 610.010(2)(b), <br>or who allegedly is an habitual runaway as described in KRS 610.010(2)(c), <br>whose custodial parent or guardian at the time the need of the minor is <br>determined is unable to provide for the payment of an attorney and all other <br>necessary expenses of representation, and who cannot personally so provide; <br>or
(d) An unemancipated minor, under the age of eighteen (18), alleged to have
committed an offense as described in KRS 610.010(1) or (2)(a), (b), or (c), <br>whose custodial parent or guardian at the time the need of the minor is <br>determined has interests adverse to the child relevant to the charged offenses <br>and who is able to provide for the payment of an attorney and all other <br>necessary expenses of representation, when such representation is not <br>provided or is not consented to by the unemancipated minor;
(4) "Serious crime" includes:
(a) A felony; <br>(b) A misdemeanor or offense any penalty for which includes the possibility of
confinement;
(c) Any legal action which could result in the detainment of a defendant; and <br>(d) An act that, but for the age of the person involved, would otherwise be a
serious crime.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 87, sec. 14, effective July 15, 2008. -- Amended
2002 Ky. Acts ch. 283, sec. 10, effective July 15, 2002. -- Amended 1986 Ky. Acts <br>ch. 104, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 155, sec. 27, <br>effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 177, sec. 5. -- Amended 1974 <br>Ky. Acts ch. 358, sec. 5. -- Created 1972 Ky. Acts ch. 353, sec. 10.
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