Title 78B - Judicial Code - Chapter 22 - Indigent Defense Act - Part 4a - Office of Indigent Defense Services - Section 455 - Indigent Inmate Trust Fund.


Published: 2020-05-12

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Utah Code

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Effective 5/12/2020 78B-22-455 Indigent Inmate Trust Fund. (1) There is created a private-purpose trust fund known as the "Indigent Inmate Trust 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 trust 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 Trust Fund. (3) The trust 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 Trust 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.

Renumbered and Amended by Chapter 392, 2020 General Session