77-32-502. Indigent Inmate Trust Fund -- Creation.
(1) There is created a private-purpose trust fund known as the "Indigent Inmate Trust
Fund" to be disbursed by the Division of Finance at the direction of the board and in accordance
with contracts made under Section 77-32-402.
(2) Monies deposited in this trust fund only shall be used:
(a) to pay for the representation, costs, and expenses of legal defense counsel for an
indigent inmate in a state prison located in a county of the third, fourth, fifth, or sixth class as
defined in Section 17-50-501 who is charged with having committed a crime within the facility,
and who will require defense counsel; and
(b) for administrative costs pursuant to Section 77-32-401.
(3) The trust fund consists of:
(a) proceeds received from counties that impose the additional tax levy by ordinance
under Subsection 77-32-501(5) which shall be the total county obligation for payment of costs
listed in Subsection (2) for defense of indigent inmates;
(b) appropriations made to the fund by the Legislature; and
(c) interest and earnings from the investment of fund monies.
(4) Fund monies shall be invested by the state treasurer with the earnings and interest
accruing to the fund.
(5) In any calendar year in which the fund runs a deficit, or is projected to run a deficit,
the board shall request a supplemental appropriation from the Legislature in the following
general session to pay for the deficit. The state shall pay any or all of the reasonable and
necessary monies for the deficit into the Indigent Inmate Trust Fund.
(6) The fund shall be capped at $1,000,000.
(7) The Division of Finance shall notify all 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 Division of Finance that the fund is near the limit imposed
in Subsection (6), the counties may contribute enough monies to enable the fund to reach
$1,000,000 and discontinue contributions until notified by the Division of Finance that the
balance has fallen below $1,000,000, at which time counties that meet the requirements of
Section 77-32-501 shall resume contributions.
Amended by Chapter 80, 2009 General Session
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Last revised: Thursday, May 28, 2009