As Amended by Senate Committee

          Session of 1998
By Committee on Judiciary
          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.
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.


  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.