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EXHIBIT B <br /> JUSTIFICATION SHEET <br /> PROPOSER: Hawai`i State Association of Counties <br /> TITLE: RELATING TO DEFINITION OF INDIGENCY <br /> PURPOSE: To promote fairness and consistency within our judicial system, it is <br /> proposed that the State of Hawai`i 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) 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) Establish indigency at one hundred twenty-five percent (125%) or <br /> less of the current federally established poverty level; <br /> (d) 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) 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) 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) 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 />