Effective 5/4/2022
78B-22-455. Indigent Inmate Fund.
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:
- (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as defined 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; and
- (b) to cover costs of administering the Indigent Inmate Fund.
- (a) to pay indigent defense services for an indigent inmate who:
- (3) The fund consists of:
- (a) proceeds received from counties that impose the additional tax levy by ordinance under Subsection 78B-22-454(4), which shall be the total county obligation for payment of costs listed in Subsection (2) for defense services for indigent inmates;
- (b) appropriations made to the fund by the Legislature; and
- (c) interest and earnings from the investment of fund money.
- (4) Fund money shall be invested by the state treasurer with the earnings and interest accruing to the fund.
- (5)
- (a) In any calendar year in which the fund has insufficient funding, or is projected to have insufficient funding, the commission shall request a supplemental appropriation from the Legislature in the following general session to provide sufficient funding.
- (b) The state shall pay any or all of the reasonable and necessary money to provide sufficient funding into the Indigent Inmate Fund.
- (6) The fund is capped at $1,000,000.
- (7) The office shall notify the contributing counties when the fund approaches $1,000,000 and provide each county with the amount of the balance in the fund.
- (8) Upon notification by the office that the fund is near the limit imposed in Subsection (6), the counties may contribute enough money to enable the fund to reach $1,000,000 and discontinue contributions until notified by the office that the balance has fallen below $1,000,000, at which time counties that meet the requirements of Section 78B-22-454 shall resume contributions.
Amended by Chapter 451, 2022 General Session