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 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 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 […]
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 […]