(1) The office shall pay for indigent defense services for indigent inmates from the Indigent Inmate Fund created in Section 78B-22-455.

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Terms Used In Utah Code 78B-22-454

  • Account: means the Indigent Defense Resources Restricted Account created in Section 78B-22-405. See Utah Code 78B-22-102
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Property: includes both real and personal property. 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
(2) A contract under this part shall ensure that indigent defense services are provided in a manner consistent with the core principles described in Section 78B-22-404.
(3) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth class shall function as the prosecuting entity.
(4)

     (4)(a) A county of the third, fourth, fifth, or sixth class where a state prison is located may impose an additional property tax levy by ordinance at .0001 per dollar of taxable value in the county.
     (4)(b) If the county governing body imposes the additional property tax levy by ordinance, the revenue shall be deposited into the Indigent Inmate Fund as provided in Section 78B-22-455 to fund the purposes of this part.
     (4)(c) Upon notification that the fund has reached the amount specified in Subsection 78B-22-455(6), a county shall deposit revenue derived from the property tax levy after the county receives the notice into a county account used exclusively to provide indigent defense services.
     (4)(d) A county that chooses not to impose the additional levy by ordinance may not receive any benefit from the Indigent Inmate Fund.