As Amended by Senate Committee
Session of 1998
SENATE BILL No. 456
By Committee on Judiciary
1-16
10
AN ACT concerning criminal procedure; relating to aid
to indigent de-
11 fendants; claims for
compensation by attorneys; amending K.S.A. 22-
12 4507 and repealing the
existing section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section 1. K.S.A.
22-4507 is hereby amended to read as follows:
16 22-4507. (a) An attorney, other than a
public defender or assistant public
17 defender or contract counsel, who performs
services for an indigent per-
18 son, as provided by this act, shall at the
conclusion of such service or any
19 part thereof be entitled to compensation
for such services and to be re-
20 imbursed for expenses reasonably incurred
by such person in performing
21 such services. Compensation for services
shall be paid in accordance with
22 standards and guidelines contained in rules
and regulations adopted by
23 the state board of indigents' defense
services under this section.
24 (b) Claims for
compensation and reimbursement shall be certified by
25 the claimant and shall be presented to
the court and defendant prior to
26 or at the time of
sentencing, except that upon good cause shown, a sup-
27 plemental claim for the compensation and
reimbursement may be filed
28 with the court at a later time. In
accordance with standards and guidelines
29 adopted by the state board
of indigents' defense services under this sec-
30 tion, all such claims shall be reviewed and
approved by one or more judges
31 of the district court before whom the
service was performed, or, in the
32 case of proceedings in the court of
appeals, by the chief judge of the court
33 of appeals and in the case of proceedings
in the supreme court, by the
34 departmental justice for the department in
which the appeal originated.
35 Each claim shall be supported by a written
statement, specifying in detail
36 the time expended, the services rendered,
the expenses incurred in con-
37 nection with the case and any other
compensation or reimbursement
38 received. When properly certified and
reviewed and approved, each claim
39 for compensation and reimbursement shall be
filed in the office of the
40 state board of
indigents' defense services. If the claims meet the
standards
41 established by the board, the board shall
authorize payment of the claim.
42 (c) If the
state board of indigents' defense
services determines that
43 the appropriations for indigents' defense
services or the moneys allocated
SB 456--Am.
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1 by the board for a county or judicial
district will be insufficient in any
2 fiscal year to pay in full claims
filed and reasonably anticipated to be filed
3 in such year under this section, the
board may adopt a formula for pro-
4 rating the payment of pending and
anticipated claims under this section.
5 (d) The
state board of indigents' defense
services may make expend-
6 itures for payment of claims filed
under this section from appropriations
7 for the current fiscal year
regardless of when the services were rendered.
8 (e) The
state board of indigents' defense
services shall adopt rules
9 and regulations prescribing standards
and guidelines governing the filing,
10 processing and payment of claims under this
section.
11 Sec. 2. K.S.A.
22-4507 is hereby repealed.
12 Sec. 3. This act
shall take effect and be in force from and after its
13 publication in the statute book.
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