Utah Code 78B-22-704. Application and qualification for fund money

78B-22-704. Application and qualification for fund money.

(1)	A participating county may apply to the board for benefits from the fund if that county has incurred, or reasonably anticipates incurring, expenses for indigent defense services provided to an indigent individual for an offense involving aggravated murder.

Board: means the Indigent Defense Funds Board created in Section 78B-22-501. See Utah Code 78B-22-102
Contract: A legal written agreement that becomes binding when signed.
fund: means the Indigent Aggravated Murder Defense Fund. See Utah Code 78B-22-701
Indigent defense resources: means the resources necessary to provide an effective defense for an indigent individual. See Utah Code 78B-22-102
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 individual: means :

(a)

a minor who is:

(i)	arrested and admitted into detention for an offense under Section 78A-6-103;

(ii)	charged by petition or information in the juvenile or district court; or

(iii)

described in this Subsection (10)(a), who is appealing an adjudication or other final court action; and

(b)	an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to Section 78B-22-202. See Utah Code 78B-22-102 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
(2)	An application may not be made nor benefits provided from the fund for a case filed before September 1, 1998.

(3)	Except as provided in Subsection (4), if the application of a participating county is approved by the board, the board shall negotiate, enter into, and administer a contract for the cost of indigent defense services with an attorney or entity appointed to represent the indigent individual.

(4)	The board shall pay an indigent defense service provider with a contract under Subsection (3) for indigent defense resources approved by a court under Section 78B-22-705.

(5)	A nonparticipating county is responsible for paying for indigent defense services in the nonparticipating county and is not eligible for any legislative relief.

Amended by Chapter 182, 2023 General Session