(1) A participating county may apply to the office 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.

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Terms Used In Utah Code 78B-22-704

  • 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 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
  • Indigent individual: means :
         (9)(a) a minor who is:
              (9)(a)(i) arrested and admitted into detention for an offense under Section 78A-6-103;
              (9)(a)(ii) charged by petition or information in the juvenile or district court; or
              (9)(a)(iii) described in this Subsection (9)(a), who is appealing an adjudication or other final court action; and
         (9)(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
  • Office: means the Office of Indigent Defense Services created in Section 78B-22-451. 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) If the application of a participating county is approved by the office, the office 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) A nonparticipating county is responsible for paying for indigent defense services in the nonparticipating county and is not eligible for any legislative relief.