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EXHIBIT B <br />JUSTIFICATION SHEET <br />PROPOSER: Hawaii State Association of Counties <br />TITLE: RELATING TO DEFINITION OF INDIGNECY <br />PURPOSE: To promote fairness and consistency within our judicial system, it is <br />proposed that the State of Hawaii reconsider the current indigency <br />definition, establish a screening program for financial need and third <br />party review, and adopt a process which would clearly delineated the <br />circumstances in which court- appointed counsel is necessary. <br />MEANS: Amend HRS 802 -4 to: <br />(a) <br />Include a concrete definition of indigency to allow non - objective <br />determination of annual income and other resources. Consider that <br />if a criminal defendant is receiving some variety of public <br />assistance, they may be deemed indigent; <br />(c) <br />Establish indigency at one hundred twenty -five percent (125 %) or <br />less of the current federally established poverty level; <br />(d) <br />Include a "partially indigent" designation, which requires criminal <br />defendants to reimburse the state for a portion or all of the cost of <br />court- appointed counsel; <br />(e) <br />Establish a uniform, well - defined screening process that includes <br />an in -depth investigation of the applicant's financial circumstances <br />to make an accurate determination as to whether the criminal <br />defendant warrants government- funded public defense; <br />(f) <br />Require that " indigency" should be performed by an independent <br />board, agency, or committee, or by judges not directly involved in <br />the case, <br />(g) <br />Gather and verify substantial financial data including: biographical <br />information and itemize any public assistance that the criminal <br />defendant is receiving, criminal defendant and defendant's <br />spouse's jobs, list assets (such as homes in any location, cars and <br />investments); monthly expenses (food, rent, medical /dental), other <br />debts, other persons living in the household (including children, <br />dependants and contributing members of the household), provide <br />space for listing more than one job, income provided to criminal <br />defendant by individuals other than himself and his spouse, <br />retirement benefits, any alimony /child support received, sporting <br />equipment (such as boats and motorcycles), money owed to the <br />criminal defendant, personal property of worth (such as <br />appliances), other valuable property (such as gold, precious stones, <br />