Utah Code 78B-22-406. Indigent defense services grant program

78B-22-406. Indigent defense services grant program.

(1)

The commission may award grants:

Terms Used In Utah Code 78B-22-406

Commission: means the Utah Indigent Defense Commission created in Section 78B-22-401. See Utah Code 78B-22-102
Indigent defense resources: means the resources necessary to provide an effective defense for an indigent individual. See Utah Code 78B-22-102
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. See Utah Code 78B-22-102

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. See Utah Code 78B-22-102
(a)	to supplement local spending by an indigent defense system for indigent defense services; and

(b)	for contracts to provide indigent defense services for appeals from juvenile court proceedings in a county of the third, fourth, fifth, or sixth class.

(2)

The commission may use grant money:

(a)	to assist an indigent defense system to provide indigent defense services that meet the commission’s core principles for the effective representation of indigent individuals;

(b)	to establish and maintain local indigent defense data collection systems;

(c)	to provide indigent defense services in addition to indigent defense services that are currently being provided by an indigent defense system;

(d)	to provide training and continuing legal education for indigent defense service providers;

(e)	to assist indigent defense systems with appeals from juvenile court proceedings;

(f)	to pay for indigent defense resources and costs and expenses for parental representation attorneys as described in Subsection 78B-22-804(2); and

(g)

to reimburse an indigent defense system for the cost of providing indigent defense services in an action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of Parental Rights, if the indigent defense system has complied with the commission’s policies and procedures for reimbursement.

(3)

To receive a grant from the commission, an indigent defense system shall demonstrate to the commission’s satisfaction that:

(a)	the indigent defense system has incurred or reasonably anticipates incurring expenses for indigent defense services that are in addition to the indigent defense system’s average annual spending on indigent defense services in the three fiscal years immediately preceding the grant application; and

(b)

(i)	a grant from the commission is necessary for the indigent defense system to meet the commission’s core principles for the effective representation of indigent individuals; or

(ii)	the indigent defense system shall use the grant in an innovative manner that meets the commission’s core principles for the effective representation of indigent individuals.

(4)	The commission may revoke a grant if an indigent defense system fails to meet requirements of the grant or any of the commission’s core principles for the effective representation of indigent individuals.

Amended by Chapter 281, 2022 General Session

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