Section 1002 – Recovery of costs for indigent defense services.
Effective 11/16/2021 78B-22-1002. Recovery of costs for indigent defense services. (1) Except as provided in Subsection (2), a court shall order an individual to pay the indigent defense system for the cost of indigent defense services in accordance with Subsection 76-3-201(4)(e) and Section 77-32b-104 if: (a) the individual was provided indigent defense services by the […]
Section 904 – Chief appellate officer — Qualifications — Staff — Duties.
Effective 5/4/2022 78B-22-904. Chief appellate officer — Qualifications — Staff — Duties. (1) (a) After consulting with the commission, the executive director shall appoint a chief appellate officer. (b) When appointing the chief appellate officer, the executive director shall give preference to an individual with experience in adult criminal appellate defense representation. (2) The chief […]
Section 1001 – Verification of indigency — Pilot program.
Effective 11/16/2021 78B-22-1001. Verification of indigency — Pilot program. (1) Beginning on July 1, 2022, and ending on June 30, 2025, an indigent defense system in Cache County, Davis County, Duchesne County, and San Juan County shall conduct a pilot program to verify the indigency of individuals who were provided indigent defense services by the […]
Section 802 – Child Welfare Parental Representation Program — Creation — Duties — Annual report — Budget.
Effective 5/5/2021 78B-22-802. Child Welfare Parental Representation Program — Creation — Duties — Annual report — Budget. (1) There is created within the office the Child Welfare Parental Representation Program. (2) (a) The office shall: (i) administer and enforce the program in accordance with this part; (ii) manage the operation and budget of the program; […]
Section 803 – Child welfare parental defense contracts.
Effective 9/1/2021 78B-22-803. Child welfare parental defense contracts. (1) (a) The office may enter into a contract with an attorney to provide indigent defense services for a parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires indigent defense services under Section 80-3-104. (b) The office shall make payment for […]
Section 804 – Child Welfare Parental Representation Fund — Contracts for coverage by the fund.
Effective 5/5/2021 78B-22-804. Child Welfare Parental Representation Fund — Contracts for coverage by the fund. (1) There is created an expendable special revenue fund known as the “Child Welfare Parental Representation Fund.” (2) Subject to availability, the office may make distributions from the fund for the following purposes: (a) to pay for indigent defense resources […]
Section 805 – Interdisciplinary Parental Representation Pilot Program.
Affected by 63I-1-278 on 12/31/2024 Effective 5/4/2022 78B-22-805. Interdisciplinary Parental Representation Pilot Program. (1) As used in this section: (a) “Program” means the Interdisciplinary Parental Representation Pilot Program created in this section. (b) “Social worker” means an individual who is licensed as: (i) a clinical social worker; (ii) a certified social worker; (iii) a marriage […]
Section 902 – Indigent Appellate Defense Division.
Effective 5/12/2020 78B-22-902. Indigent Appellate Defense Division. There is created the Indigent Appellate Defense Division within the Office of Indigent Defense Services. Enacted by Chapter 371, 2020 General Session Technically renumbered to avoid duplication of section number also enacted in SB175, Chapter 395.
Section 903 – Powers and duties of the division.
Effective 5/4/2022 78B-22-903. Powers and duties of the division. (1) The division shall: (a) provide appellate defense services: (i) for an appeal under Section 77-18a-1, in counties of the third, fourth, fifth, and sixth class; and (ii) for an action or an appeal for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, if […]
Section 452 – Duties of the office.
Effective 5/5/2021 78B-22-452. Duties of the office. (1) The office shall: (a) establish an annual budget for the office for the Indigent Defense Resources Restricted Account created in Section 78B-22-405; (b) assist the commission in performing the commission’s statutory duties described in this chapter; (c) identify and collect data that is necessary for the commission […]