Utah Code 78B-22-702. County participation
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(1)
Terms Used In Utah Code 78B-22-702
- Commission: means the Utah Indigent Defense Commission created in Section
78B-22-401 . 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 and78B-22-703 . See Utah Code 78B-22-102
(1)(a) A county may participate in the fund subject to the provisions of this chapter.
(1)(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.
(1)(c) The commission may revoke a county’s participation in the fund if the county fails to pay the county’s assessments when due.
(2) To participate in the fund, the legislative body of a county shall:
(2)(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
(2)(b) submit a certified copy of that resolution together with an application to the commission.
(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:
(4)(a) adoption by the county’s legislative body of a resolution to withdraw; and
(4)(b) notice to the commission by January 1 of the year before withdrawal.
(5) A county withdrawing from participation in the fund, or whose participation in the fund has been revoked for failure to pay the county’s assessments when due, shall forfeit the right to:
(5)(a) any previously paid assessment;
(5)(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
(5)(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.