Effective 5/5/2021
78B-22-452. Duties of the office.
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 to:
- (i) aid, oversee, and review compliance by indigent defense systems with the commission’s core principles for the effective representation of indigent individuals; and
- (ii) provide reports regarding the operation of the commission and the provision of indigent defense services by indigent defense systems in the state;
- (d) assist indigent defense systems by reviewing contracts and other agreements, to ensure compliance with the commission’s core principles for effective representation of indigent individuals;
- (e) establish procedures for the receipt and acceptance of complaints regarding the provision of indigent defense services in the state;
- (f) establish procedures to award grants to indigent defense systems under Section 78B-22-406 that are consistent with the commission’s core principles;
- (g) create and enter into contracts consistent with Section 78B-22-454 to provide indigent defense services for an indigent defense inmate who:
- (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as classified in Section 17-50-501;
- (ii) is charged with having committed a crime within that state prison; and
- (iii) has been appointed counsel in accordance with Section 78B-22-203;
- (h) assist the commission in developing and reviewing advisory caseload guidelines and procedures;
- (i) investigate, audit, and review the provision of indigent defense services to ensure compliance with the commission’s core principles for the effective representation of indigent individuals;
- (j) administer the Child Welfare Parental Representation Program in accordance with Part 8, Child Welfare Parental Representation Program;
- (k) annually report to the governor, Legislature, Judiciary Interim Committee, and Judicial Council, regarding:
- (i) the operations of the commission;
- (ii) the operations of the indigent defense systems in the state; and
- (iii) compliance with the commission’s core principles by indigent defense systems receiving grants from the commission;
- (l) submit recommendations to the commission for improving indigent defense services in the state;
- (m) publish an annual report on the commission’s website; and
- (n) perform all other duties assigned by the commission related to indigent defense services.
- (2) The office may enter into contracts and accept, allocate, and administer funds and grants from any public or private person to accomplish the duties of the office.
- (3) Any contract entered into under this part shall require that indigent defense services are provided in a manner consistent with the commission’s core principles implemented under Section 78B-22-404.
Amended by Chapter 228, 2021 General Session