Section 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 of Finance shall disburse money from the fund at the direction of the board and subject to this chapter.

• (3) The fund consists of:
  • (a) money received from participating counties as provided in Sections 78B-22-702 and 78B-22-703;
  • (b) appropriations made to the fund by the Legislature as provided in Section 78B-22-703; and
  • (c) interest and earnings from the investment of fund money.

• (4) The state treasurer shall invest fund money with the earnings and interest accruing to the fund.

• (5) The fund shall be used to assist participating counties with financial resources, as provided in Subsection (6), to fulfill their constitutional and statutory mandates for the provision of constitutionally effective defense for indigent individuals prosecuted for the violation of state laws in cases involving aggravated murder.

• (6) Money allocated to or deposited in this fund shall be used only:
  • (a) to reimburse participating counties for expenditures made for an attorney appointed to represent an indigent individual, other than a state inmate in a state prison, prosecuted for aggravated murder in a participating county; and
  • (b) for administrative costs pursuant to Section 78B-22-501.

Amended by Chapter 281, 2022 General Session
Amended by Chapter 451, 2022 General Session