78B-22-1001.  Verification of indigency — Pilot program.

(1)  Beginning on July 1, 2022, and ending on June 30, 2025, an indigent defense system in Cache County, Davis County, Duchesne County, and San Juan County shall conduct a pilot program to verify the indigency of individuals who were provided indigent defense services by the indigent defense system, except as provided in Subsection (5).

Terms Used In Utah Code 78B-22-1001

  • Indigent defense service provider: means an attorney or entity appointed to represent an indigent individual through:
(a) a contract with an indigent defense system to provide indigent defense services;
(b) an order issued by the court under Subsection 78B-22-203(2)(a); or
(c) direct employment with an indigent defense system. 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
  • Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78B-22-102
    • (2)  Under the pilot program described in Subsection (1), the indigent defense system shall review and verify financial information in a statistically significant sample of cases for each calendar year where, except as provided in Subsection (5):

    (a)  an individual was found to be indigent by a court; and

    (b)  the indigent defense system provided indigent defense services to the individual.

    (3)  To verify financial information under Subsection (2), the indigent defense system may require an individual to provide financial documentation or proof demonstrating that the individual qualifies as indigent under Section 78B-22-202.

    (4)  An indigent defense system described in Subsection (1) shall report to the Judiciary Interim Committee and the Law Enforcement and Criminal Justice Interim Committee, concerning the results of the pilot program described in this section, on or before November 1 of each year of the three-year pilot program.

    (5)  This section does not apply to a minor, who is appointed an indigent defense service provider, or the minor’s parent or legal guardian.

    Enacted by Chapter 4, 2021 Special Session 2

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