Title 78B - Judicial Code - Chapter 22 - Indigent Defense Act - Part 1 - General Provisions - Section 102 - Definitions.


Published: 2020-05-12

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Utah Code

Page 1

Effective 5/12/2020 Superseded 5/5/2021 78B-22-102 Definitions.

As used in this chapter: (1) "Account" means the Indigent Defense Resources Restricted Account created in Section

78B-22-405. (2) "Board" means the Indigent Defense Funds Board created in Section 78B-22-501. (3) "Commission" means the Utah Indigent Defense Commission created in Section 78B-22-401. (4) "Director" means the director of the Office of Indigent Defense Services, created in Section

78B-22-451, who is appointed in accordance with Section 78B-22-453. (5)

(a) "Indigent defense resources" means the resources necessary to provide an effective defense for an indigent individual, including the costs for a competent investigator, expert witness, scientific or medical testing, transcripts, and printing briefs.

(b) "Indigent defense resources" does not include an indigent defense service provider. (6) "Indigent defense service provider" means an attorney or entity appointed to represent an

indigent individual pursuant to: (a) a contract with an indigent defense system to provide indigent defense services; or (b) an order issued by the court under Subsection 78B-22-203(2)(a).

(7) "Indigent defense services" means: (a) the representation of an indigent individual by an indigent defense service provider; and (b) the provision of indigent defense resources for an indigent individual.

(8) "Indigent defense system" means: (a) a city or town that is responsible for providing indigent defense services; (b) a county that is responsible for providing indigent defense services in the district court,

juvenile court, and the county's justice courts; or (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, that

is responsible for providing indigent defense services according to the terms of an agreement between a county, city, or town.

(9) "Indigent individual" means: (a) a minor who is:

(i) arrested and admitted into detention for an offense under Section 78A-6-103; (ii) charged by petition or information in the juvenile or district court; or (iii) described in this Subsection (9)(a), who is appealing an adjudication or other final court

action; and (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to Section

78B-22-202. (10) "Minor" means the same as that term is defined in Section 78A-6-105. (11) "Office" means the Office of Indigent Defense Services created in Section 78B-22-451. (12) "Participating county" means a county that complies with this chapter for participation in the

Indigent Aggravated Murder Defense Trust Fund as provided in Sections 78B-22-702 and 78B-22-703.