§ 7-6-106 — Determination of need; reimbursement for services

(a) The determination of whether a person covered by W.S.
7-6-104 is a needy person shall be deferred until his first
appearance in court or in a suit for payment or reimbursement
under W.S. 7-6-108, whichever occurs earlier. Thereafter, the
court shall determine, with respect to each proceeding, whether
he is a needy person. For purposes of this section, an appeal,
probation revocation or proceeding to correct or modify a
sentence is a separate proceeding. The determination of need
shall be based on a separate application submitted at the time
of each proceeding.
(b) In determining whether a person is a needy person and
in determining the extent of his inability to pay, and, in the
case of an unemancipated minor, the inability to pay of his
custodial parent or another person who has a legal obligation of
support, the court shall consider the standards set forth in
subsections (f) through (h) of this section and Rule 44(d),
Wyoming Rules of Criminal Procedure. Release on bail does not
necessarily prevent a person from being determined to be needy.
In each case the person, subject to the penalties for perjury,
shall certify in writing, or by other record, the material
factors relating to his ability to pay as the court prescribes.
(c) In every case in which a person has received services
under W.S. 7-6-104, the presiding judge shall determine whether
the person or, in the case of an unemancipated minor, his
custodial parent or any other person who has a legal obligation
of support, is able to provide any funds towards payment of part
or all of the cost associated with such services. If the person
or, in the case of an unemancipated minor, his custodial parent
or any other person who has a legal obligation of support, is
not able to provide any funds towards payment of costs, the
court shall enter a specific finding on the record. If the
court determines the person or, in the case of an unemancipated
minor, his custodial parent or any other person who has a legal
obligation of support, is able to provide any amount as
reimbursement, the court shall order the person or, in the case
of an unemancipated minor, his custodial parent or any other
person who has a legal obligation of support, to reimburse the
state for all or part of the costs of the services provided or
shall state on the record the reasons why an order for
reimbursement was not entered. Where a person is initially
provided with counsel pursuant to W.S. 7-6-105(a), but
subsequently retains private counsel, the court may order the
person to reimburse the state for the services already provided.
All reimbursements under this act shall be made through the
clerk of court.
(d) The state public defender shall report in the agency's
annual report concerning:
(i) The number of cases by court in which an attorney
was appointed to represent a person at public expense under this
act during the preceding calendar quarter;
(ii) For each case in which an attorney was
appointed, whether the court ordered reimbursement under this
section or, if reimbursement was not ordered, whether the court
complied with subsection (c) of this section;
(iii) Repealed by Laws 2020, ch. 122, § 3.
(e) If the court orders release on bail pending trial or
appeal, probation before sentence, suspended sentence or
probation, the court shall order the needy person as a condition
of bail, sentence or probation to repay the state for expenses
and services provided by appointed attorneys pursuant to the
state public defender's standard fee schedule if the court
determines the defendant has an ability to pay or that a
reasonable probability exists that the defendant will have an
ability to pay.
(f) The following income standards shall be used to
determine whether a person is needy for purposes of this
article:
(i) A person whose annual gross income is less than
one hundred twenty-five percent (125%) of the current federally
established poverty level for his immediate family unit is
needy;
(ii) A person whose annual gross income is between
one hundred twenty-five percent (125%) and two hundred eighteen
percent (218%) of the current federally established poverty
level for his immediate family unit may be deemed needy;
(iii) A person whose annual gross income is greater
than two hundred eighteen percent (218%) of the current
federally established poverty level for his immediate family
unit shall not be deemed needy under this article.
(g) Notwithstanding subsection (f) of this section, a
person may be deemed needy if the person is charged with a
felony and the court, in its discretion, determines on the
record after consideration of the standards set forth in Rule
44(d), Wyoming Rules of Criminal Procedure that extraordinary
circumstances exist such that the person is entitled to
representation.
(h) Notwithstanding subsection (f) of this section, a
person shall be presumed needy if:
(i) He receives at least one (1) of the following
types of public assistance:
(A) Temporary Assistance for Needy Families
(TANF);
(B) Emergency Aid to Elderly, Disabled and
Children (EAEDC);
(C) Poverty related veteran's benefits;
(D) Supplemental nutrition assistance program;
(E) Medicaid;
(F) Supplemental Security Income (SSI).
(ii) He resides in a public mental health facility
and has no available funds or liquid assets;
(iii) He is serving a sentence in a state
correctional institution and has no available funds or liquid
assets; or
(iv) He is in custody in a county jail and has no
available funds or liquid assets.