Kan. Admin. Regs. § 105-4-2 - Definition of terms
Terms used to determine eligibility for indigents' defense services shall have the following meanings:
(a) Household income . The defendant's
household income shall be defined as the defendant's income and the income of
all other persons related by birth, marriage, or adoption who reside with the
defendant. Income shall include the total cash receipts before taxes from all
resources, including money, wages, and the net receipts from nonfarm or farm
self-employment. Income shall include regular payments from a governmental
income maintenance program, alimony, child support, public or private pensions,
annuities, and income from dividends, interest, rents, royalties, or periodic
receipts from estates or trusts.
(b) Liquid assets . The defendant's liquid
assets shall be defined as cash in hand, stocks and bonds, accounts at
financial institutions, real property or homestead having a net value greater
than $50,000, a car, and any other property that can be readily converted to
cash, with the following exceptions:
(1) The
defendant's clothing, household furnishings, and any personal property that is
exempt from attachment or levy of execution by
K.S.A.
60-2304, and amendments thereto;
and
(2) any other property, except
a homestead having a net value greater than $50,000, that is exempt from
attachment or levy of execution by
K.S.A.
60-2301 et seq., and amendments thereto.
(c)
Transfer of property .
(1) If the defendant has
transferred property after the alleged commission of the offense, the court
shall determine the reason for the transfer of property and whether adequate
monetary consideration was received. If adequate monetary consideration was not
received, the court shall presume that the transfer was made for the purpose of
establishing eligibility unless the defendant furnishes clear and convincing
evidence that the transfer was made exclusively for another purpose.
(2) If a transfer was made either for the
purpose of establishing eligibility or without adequate monetary consideration
and the property is reconveyed to the defendant or an adjustment is made by
which the defendant receives full value, the defendant shall, if otherwise
qualified, be eligible to receive legal representation at state
expense.
Notes
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