Section 453 – Executive director — Qualifications — Staff.
Effective 5/5/2021 78B-22-453. Executive director — Qualifications — Staff. (1) The commission: (a) shall appoint the executive director, by a majority vote of the commission, to carry out the duties of the office described in Section 78B-22-452; and (b) may remove the executive director by majority vote of the commission. (2) The executive director shall […]
Section 454 – Defense of indigent inmates.
Effective 5/4/2022 78B-22-454. Defense of indigent inmates. (1) The office shall pay for indigent defense services for indigent inmates from the Indigent Inmate Fund created in Section 78B-22-455. (2) A contract under this part shall ensure that indigent defense services are provided in a manner consistent with the core principles described in Section 78B-22-404. (3) […]
Section 455 – Indigent Inmate Fund.
Effective 5/4/2022 78B-22-455. Indigent Inmate Fund. (1) There is created a custodial fund known as the “Indigent Inmate Fund” to be disbursed by the office in accordance with contracts entered into under Subsection 78B-22-452(1)(g). (2) Money deposited into this fund shall only be used: (a) to pay indigent defense services for an indigent inmate who: […]
Section 501 – Indigent Defense Funds Board — Members — Administrative support.
Effective 5/4/2022 78B-22-501. Indigent Defense Funds Board — Members — Administrative support. (1) As used in this part, “fund” means the Indigent Aggravated Murder Defense Fund created in Section 78B-22-701. (2) There is created the Indigent Defense Funds Board within the Division of Finance. (3) The board is composed of the following nine members: (a) […]
Section 502 – Duties of board.
Effective 5/12/2020 78B-22-502. Duties of board. (1) The board shall: (a) establish rules and procedures for the application by a county for disbursements, and the screening and approval of the applications for money from the fund; (b) receive, screen, and approve, or disapprove the application of a county for disbursements from the fund; (c) calculate […]
Section 701 – Establishment of Indigent Aggravated Murder Defense Fund — Use of fund — Compensation for indigent legal defense from fund.
Effective 5/4/2022 78B-22-701. Establishment of Indigent Aggravated Murder Defense Fund — Use of fund — Compensation for indigent legal defense from fund. (1) For purposes of this part, “fund” means the Indigent Aggravated Murder Defense Fund. (2) (a) There is established a custodial fund known as the “Indigent Aggravated Murder Defense Fund.” (b) The Division […]
Section 702 – County participation.
Effective 5/14/2019 78B-22-702. County participation. (1) (a) A county may participate in the fund subject to the provisions of this chapter. A county that does not participate, or is not current in the county’s assessments, is ineligible to receive money from the fund. (b) The board may revoke a county’s participation in the fund if […]
Section 703 – County and state obligations.
Effective 5/14/2019 78B-22-703. County and state obligations. (1) (a) Except as provided in Subsection (1)(b), a participating county shall pay into the fund annually an amount calculated by multiplying the average of the percent of its population to the total population of all participating counties and of the percent its taxable value of the locally […]
Section 704 – Application and qualification for fund money.
Effective 5/14/2019 78B-22-704. Application and qualification for fund money. (1) A participating county may apply to the board for benefits from the fund if that county has incurred, or reasonably anticipates incurring, expenses in the defense of an indigent individual for an offense involving aggravated murder. (2) An application may not be made nor benefits […]
Section 406 – Indigent defense services grant program.
Effective 5/4/2022 78B-22-406. Indigent defense services grant program. (1) The commission may award grants: (a) to supplement local spending by an indigent defense system for indigent defense services; and (b) for contracts to provide indigent defense services for appeals from juvenile court proceedings in a county of the third, fourth, fifth, or sixth class. (2) […]