HB 221: "An Act relating to the appointment of counsel for persons accused of crimes; and amending Rule 39.1, Alaska Rules of Criminal Procedure."
00 HOUSE BILL NO. 221 01 "An Act relating to the appointment of counsel for persons accused of crimes; and 02 amending Rule 39.1, Alaska Rules of Criminal Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 18.85.120(b) is amended to read: 05 (b) In determining whether a person is indigent and in determining the extent 06 of the person's inability to pay, the court shall consider such factors as income, 07 property owned, outstanding obligations, and the number and ages of dependents. 08 Release on bail does not preclude a finding that a person is indigent. In each case, the 09 person, subject to the penalties for perjury, shall certify under oath, and in writing [OR 10 BY OTHER RECORD], material factors relative to the person's financial resources 11 and ability to pay that the court prescribes. 12 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 DIRECT COURT RULE AMENDMENT. Rule 39.1(e), Alaska Rules of
01 Criminal Procedure, is amended to read: 02 (e) Determining Eligibility. The court or its designee shall determine whether 03 a defendant is eligible for court-appointed counsel by placing the defendant under oath 04 and asking about the defendant's financial status, and [OR] by requiring the defendant 05 to complete a signed sworn financial statement, subject to penalties for perjury. A 06 defendant who requests appointed counsel must execute a general waiver authorizing 07 the release of financial information to the court as required by AS 18.85.120.