Cal. Code Regs. tit. 15 § 2698

Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 2698 - Indigent Prisoner or Parolee

A written declaration of the prisoner's or parolee's inability to pay for any attorney shall be considered if a request for an attorney is granted. A prisoner or parolee shall be deemed indigent if he is financially unable to obtain assistance of counsel.

A prisoner or parolee is presumed able to afford an attorney if the prisoner or parolee has one thousand five hundred dollars ($1,500.00) or more in cash, institutional trust account, savings account, checking account or any combination of cash and accounts. A prisoner or parolee with one thousand five hundred dollars ($1,500.00) must show that he or she has been unable to obtain an attorney before an attorney will be appointed at state expense.

Cal. Code Regs. Tit. 15, § 2698

1. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).

Note: Authority cited: Section 5076.2, Penal Code. Reference: Gagnon v. Scarpelli, 411 U.S. 778 (1973).

1. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).