Utah Code 78B-22-452. Duties of the office
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(1) The office shall:
Terms Used In Utah Code 78B-22-452
- Account: means the Indigent Defense Resources Restricted Account created in Section
78B-22-405 . See Utah Code 78B-22-102 - Commission: means the Utah Indigent Defense Commission created in Section
78B-22-401 . See Utah Code 78B-22-102 - Contract: A legal written agreement that becomes binding when signed.
- 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:(6)(a) a contract with an indigent defense system to provide indigent defense services;(6)(b) an order issued by the court under Subsection
78B-22-203 (2)(a); or(6)(c) direct employment with an indigent defense system. See Utah Code 78B-22-102- Indigent defense services: means :
(7)(a) the representation of an indigent individual by an indigent defense service provider; and(7)(b) the provision of indigent defense resources for an indigent individual. See Utah Code 78B-22-102- Office: means the Office of Indigent Defense Services created in Section
78B-22-451 . See Utah Code 78B-22-102- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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
(1)(a) establish an annual budget for the office for the Indigent Defense Resources Restricted Account created in Section78B-22-405 ;(1)(b) assist the commission in performing the commission’s statutory duties described in this chapter;(1)(c) identify and collect data that is necessary for the commission to:(1)(c)(i) aid, oversee, and review compliance by indigent defense systems with the commission’s core principles for the effective representation of indigent individuals; and(1)(c)(ii) provide reports regarding the operation of the commission and the provision of indigent defense services by indigent defense systems in the state;(1)(d) assist indigent defense systems by reviewing contracts and other agreements, to ensure compliance with the commission’s core principles for effective representation of indigent individuals;(1)(e) establish procedures for the receipt and acceptance of complaints regarding the provision of indigent defense services in the state;(1)(f) establish procedures to award grants to indigent defense systems under Section78B-22-406 that are consistent with the commission’s core principles;(1)(g) create and enter into contracts consistent with Section78B-22-454 to provide indigent defense services for an indigent defense inmate who:(1)(g)(i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as classified in Section17-50-501 ;(1)(g)(ii) is charged with having committed a crime within that state prison; and(1)(g)(iii) has been appointed counsel in accordance with Section78B-22-203 ;(1)(h) assist the commission in developing and reviewing advisory caseload guidelines and procedures;(1)(i) investigate, audit, and review the provision of indigent defense services to ensure compliance with the commission’s core principles for the effective representation of indigent individuals;(1)(j) administer the Child Welfare Parental Representation Program in accordance with Part 8, Child Welfare Parental Representation Program;(1)(k) administer the Indigent Aggravated Murder Defense Fund in accordance with Part 7, Indigent Aggravated Murder Defense Fund;(1)(l) assign an indigent defense service provider to represent an individual prosecuted for aggravated murder in accordance with Part 7, Indigent Aggravated Murder Defense Fund;(1)(m) annually report to the governor, Legislature, Judiciary Interim Committee, and Judicial Council, regarding:(1)(m)(i) the operations of the commission;(1)(m)(ii) the operations of the indigent defense systems in the state; and(1)(m)(iii) compliance with the commission’s core principles by indigent defense systems receiving grants from the commission;(1)(n) submit recommendations to the commission for improving indigent defense services in the state;(1)(o) publish an annual report on the commission’s website; and(1)(p) perform all other duties assigned by the commission related to indigent defense services.(2) The office may enter into contracts and accept, allocate, and administer funds and grants from any public or private person to accomplish the duties of the office.(3) Any contract entered into under this part shall require that indigent defense services are provided in a manner consistent with the commission’s core principles implemented under Section78B-22-404 . - Indigent defense services: means :