Participating county: means a county that complies with this chapter for participation in the Indigent Aggravated Murder Defense Fund as provided in Sections 78B-22-702 and 78B-22-703. See Utah Code 78B-22-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
(a)
There is established a custodial fund known as the “Indigent Aggravated Murder Defense Fund.”
(b)
The Division of Finance shall disburse money from the fund at the direction of the board and subject to this chapter.
(3)
The fund consists of:
(a)
money received from participating counties as provided in Sections 78B-22-702 and 78B-22-703;
(b)
appropriations made to the fund by the Legislature as provided in Section 78B-22-703; and
(c)
interest and earnings from the investment of fund money.
(4)
The state treasurer shall invest fund money with the earnings and interest accruing to the fund.
(5)
The fund shall be used to assist participating counties with expenses for indigent defense services, as provided in Subsection (6), to fulfill the constitutional and statutory mandates for the provision of constitutionally effective defense for indigent individuals prosecuted for the violation of state laws in cases involving aggravated murder.
(6)
Money allocated to or deposited into the fund is used only:
(a)
to reimburse participating counties for expenses incurred for indigent defense services provided to an indigent individual, other than a state inmate in a state prison, who is prosecuted for aggravated murder in a participating county; and
(b)
for administrative costs pursuant to Section 78B-22-501.
