Utah Code 78B-22-1002. Recovery of costs for indigent defense services

78B-22-1002. Recovery of costs for indigent defense services.

(1)

Except as provided in Subsection (2), a court shall order an individual to pay the indigent defense system for the cost of indigent defense services in accordance with Subsection 76-3-201(4)(d) and Section 77-32b-104 if:

Terms Used In Utah Code 78B-22-1002

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
(a)	the individual was provided indigent defense services by the indigent defense system; and

(b)	the indigent defense system provides financial documentation or proof to the court that demonstrates that the individual is not indigent under Section 78B-22-202.

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

Amended by Chapter 497, 2023 General Session

Previous section

Next section

Part 10 Contents