KRS 31.211: Determination of ability to pay partial fee for representation and services at

arraignment -- Collection of unpaid partial fee by civil judgment -- Funds

placed in special trust and agency account.

(1) At arraignment, the court shall c onduct a nonadversarial hearing to determine

whether a person who has requested a public defender is able to pay a partial fee for

legal representation, the other necessary services and facilities of representation,

and court costs. The court shall order p ayment in an amount determined by the

court and may order that the payment be made in a lump sum or by installment

payments to recover money for representation provided under this chapter. This

partial fee determination shall be made at each stage of the proceedings.

(2) If the partial fee, or any portion thereof, is not paid by the due date, the court's order

shall be considered a civil judgment subject to collection under Civil Rule 69.03

and KRS Chapter 426.

(3) All moneys collected by the public advocat e from indigent defendants pursuant to

subsection (1) of this section shall be credited to the Department of Public

Advocacy special trust and agency account to be used to support the state public

advocacy system.

(4) If a person receives legal assistance or other benefit under this chapter to which he

or she is not entitled or if a person receives legal assistance under this chapter and is

financially able to pay for representation on the date the suit is brought, the public

advocate, on behalf of the Comm onwealth, shall recover, where practical, payment

or reimbursement, as the case may be, from the person who received the legal

assistance or from his or her estate. Any suit seeking recovery under this subsection

shall be brought within five (5) years after the date on which the aid was received.

(5) Attorneys providing representation under this chapter shall forward all information

that indicates that payment or reimbursement may be obtained pursuant to

subsection (4) of this section to the public advocate.

(6) The duty of recovery contemplated by subsection (4) of this section shall extend

against persons who were the custodial parents or guardians of unemancipated

minors at the time these minors were deemed needy as defined in KRS 31.100(5)(c)

or (d).

(7) All moneys collected under this section shall be placed in a special trust and agency

account for the Department of Public Advocacy, and, notwithstanding KRS 45.229,

the funds shall not lapse.