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22-4529. Entitlement of defendant to counsel; application fee; disposition of moneys. Any defendant entitled to counsel pursuant to K.S.A. 22-4503, and amendments thereto, shall pay an application fee in the amount of $100 to the clerk of the district court. Any defendant entitled to counsel in a proceeding for a violation of a condition of release pursuant to K.S.A. 22-3716, and amendments thereto, shall pay an application fee of $100 to the clerk of the district court. Such fee shall be paid regardless of whether the defendant has paid application fees pursuant to this section in any other proceeding. If it appears to the satisfaction of the court that payment of the application fee will impose manifest hardship on the defendant, the court may waive payment of all or part of the application fee. All moneys received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents' defense services fund. If the defendant is acquitted or the case is dismissed, any application fee paid pursuant to this section shall be remitted to the defendant.

History: L. 1997, ch. 181, § 16; L. 2001, ch. 5, § 84; L. 2003, ch. 123, § 2; L. 2012, ch. 30, § 1; July 1.

Cross References to Related Sections:

Entitlement of defendant to counsel, see 22-4503.

Attorney General's Opinions:

Contractual provision between BIDS and appointed counsel regarding the BIDS application fee does not conflict with the restriction in K.S.A. 22-4520 that prohibits BIDS from making any decision regarding the handling of any case or interfering with appointed counsel in carrying out their duties. 2010-10.

CASE ANNOTATIONS

1. Defendant's duty to object to application fee on basis of manifest hardship, determination should be made when incurred. State v. Hawkins, 37 Kan. App. 2d 195, 200, 152 P.3d 85 (2007).

2. Reimbursement of BIDS fees order vacated, but application fee order upheld. State v. Martinez, 38 Kan. App. 2d 324, 337, 165 P.3d 1050 (2007).

3. Application fee under K.S.A. 22-4529 is to be assessed at time defendant applies for court-appointed counsel. State v. Hawkins, 285 Kan. 842, 851, 176 P.3d 174 (2008).

4. Cited in complaint over BIDS application fee; assessment of fee upheld. State v. Scaife, 286 Kan. 614, 625, 626, 186 P.3d 755 (2008).

5. Assessment of BIDS application fee and BIDS attorney fees remanded to district court to consider whether fees cause manifest hardship. State v. Wenzel, 39 Kan. App. 2d 194, 200, 177 P.3d 994 (2008).

6. District court did not err in assessment of BIDS application fee. State v. Bale, 39 Kan. App. 2d 655, 665, 182 P.3d 1280 (2008).

7. Cited; provisions of K.S.A. 22-4529 relating to applications for appointed counsel in criminal cases held constitutional. State v. Casady, 40 Kan. App. 2d 335, 341, 191 P.3d 1130 (2008).

8. If any part of BIDS application fee remains unpaid court may include it in sentencing order. State v. Riojas, 288 Kan. 379, 204 P.3d 578 (2009).

9. No findings need be made at sentencing for the BIDS application fee to be a valid judgment. State v. Phillips, 289 Kan. 28, 210 P.3d 93 (2009).

10. BIDS application fee procedures protect a defendant's constitutional right to counsel. State v. Casady, 289 Kan. 150, 210 P.3d 113 (2009).

11. Assessment of BIDS application fee proper even though court failed to orally announce the fee at sentencing. State v. Bonner, 290 Kan. 290, 227 P.3d 1 (2010).

12. Defendants facing probation revocation and applying for court-appointed counsel are not required to pay the BIDS application fee. State v. Long, 45 Kan. App. 2d 938, 257 P.3d 792 (2011).


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