2.69.203    DEFINITIONS

(1) "Applicant" means a person who seeks public defender services. 

(2) "Income" includes, but is not limited to, all household wages; business or self-employment income; unemployment, social security or workers' compensation benefits; Supplemental Nutrition Assistance Program (SNAP) benefits; government assistance payments; dividends; pension, retirement, or interest income; and rental income. Child support, the percentage of veteran's benefits related to disability, and student financial aid are excluded from income. Applicant's income is subject to periodic review.

(3) "Regional office" means an office authorized under 47-1-104(2), MCA.

(4) "Substantial hardship" means that an evaluation of multiple criteria has determined that retaining competent private counsel would incur substantial hardship to the applicant or the members of the applicant's household. The criteria to be considered include, but are not limited to:

(a) gross household income less reasonable and necessary expenses;

(b) extent and liquidity of assets;

(c) severity of crime(s) charged;

(d) estimated cost of retaining private counsel; and

(e) incarceration status.

 

History: 47-1-105, MCA; IMP, 47-1-105, 47-1-111, 47-1-121, MCA; NEW, 2006 MAR p. 2572, Eff. 10/27/06; AMD, 2018 MAR p. 716, Eff. 4/14/18.