78B-22-702. County participation.
| (1) |
Terms Used In Utah Code 78B-22-702- Board: means the Indigent Defense Funds Board created in Section 78B-22-501. See Utah Code 78B-22-102
- fund: means the Indigent Aggravated Murder Defense Fund. See Utah Code 78B-22-701
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
| (a) |
A county may participate in the fund subject to the provisions of this chapter. |
| (b) |
A county that does not participate in the fund, or is not current in the county’s assessments for the fund, is ineligible to receive money from the fund. |
| (c) |
The board may revoke a county’s participation in the fund if the county fails to pay the county’s assessments when due. |
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| (2) |
To participate in the fund, the legislative body of a county shall:
| (a) |
adopt a resolution approving participation in the fund and committing that county to fulfill the assessment requirements as set forth in Subsection (3) and Section 78B-22-703; and |
| (b) |
submit a certified copy of that resolution together with an application to the board. |
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| (3) |
By January 15 of each year, a participating county shall contribute to the fund an amount computed in accordance with Section 78B-22-703. |
| (4) |
A participating county may withdraw from participation in the fund upon:
| (a) |
adoption by the county’s legislative body of a resolution to withdraw; and |
| (b) |
notice to the board by January 1 of the year before withdrawal. |
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| (5) |
A county withdrawing from participation in the fund, or whose participation in the fund has been revoked for failure to pay the county’s assessments when due, shall forfeit the right to:
| (a) |
any previously paid assessment; |
| (b) |
relief from the county’s obligation to pay the county’s assessment during the period of the county’s participation in the fund; and |
| (c) |
any benefit from the fund, including reimbursement of costs that accrued after the last day of the period for which the county has paid the county’s assessment. |
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Amended by Chapter 182, 2023 General Session
