Utah Code 78B-22-455. Indigent Inmate Fund
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(1) There is created a custodial fund known as the “Indigent Inmate Fund” to be disbursed by the office in accordance with contracts entered into under Subsection 78B-22-452(1)(g).
Terms Used In Utah Code 78B-22-455
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Commission: means the Utah Indigent Defense Commission created in Section
78B-22-401 . 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
- 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.
- Office: means the Office of Indigent Defense Services created in Section
78B-22-451 . See Utah Code 78B-22-102- 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) Money deposited into this fund shall only be used:(2)(a) to pay indigent defense services for an indigent inmate who:(2)(a)(i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as defined in Section 17-50-501;(2)(a)(ii) is charged with having committed a crime within that state prison; and(2)(a)(iii) has been appointed counsel in accordance with Section 78B-22-203; and(2)(b) to cover costs of administering the Indigent Inmate Fund.(3) The fund consists of:(3)(a) proceeds received from counties that impose the additional tax levy by ordinance under Subsection 78B-22-454(4), which shall be the total county obligation for payment of costs listed in Subsection (2) for defense services for indigent inmates;(3)(b) appropriations made to the fund by the Legislature; and(3)(c) interest and earnings from the investment of fund money.(4) Fund money shall be invested by the state treasurer with the earnings and interest accruing to the fund.(5)(5)(a) In any calendar year in which the fund has insufficient funding, or is projected to have insufficient funding, the commission shall request a supplemental appropriation from the Legislature in the following general session to provide sufficient funding.(5)(b) The state shall pay any or all of the reasonable and necessary money to provide sufficient funding into the Indigent Inmate Fund.(6) The fund is capped at $1,000,000.(7) The office shall notify the contributing counties when the fund approaches $1,000,000 and provide each county with the amount of the balance in the fund.(8) Upon notification by the office that the fund is near the limit imposed in Subsection (6), the counties may contribute enough money to enable the fund to reach $1,000,000 and discontinue contributions until notified by the office that the balance has fallen below $1,000,000, at which time counties that meet the requirements of Section 78B-22-454 shall resume contributions.