77-32-601. Establishment of Indigent Aggravated Murder Defense Trust Fund --
Use of fund -- Compensation for indigent legal defense from fund.
(1) For purposes of this part, "fund" means the Indigent Aggravated Murder Defense
Trust Fund.
(2) There is established a private-purpose trust fund known as the "Indigent Aggravated
Murder Defense Trust Fund" which shall be nonlapsing and shall be disbursed by the Division of
Finance at the direction of the board and subject to this chapter.
(3) The fund consists of:
(a) monies received from participating counties as provided in Sections 77-32-602 and
77-32-603;
(b) appropriations made to the fund by the Legislature as provided in Section 77-32-603;
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) The fund shall be used to assist participating counties with financial resources, as
provided in Subsection (6), to fulfill their constitutional and statutory mandates for the provision
of an adequate defense for indigents prosecuted for the violation of state laws in cases involving
aggravated murder.
(6) Monies allocated to or deposited in this fund shall be used only:
(a) to reimburse participating counties for expenditures made for an attorney appointed to
represent an indigent, other than a state inmate in a state prison, prosecuted for aggravated
murder in a participating county; and
(b) for administrative costs pursuant to Section 77-32-401.
Amended by Chapter 275, 2007 General Session
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Last revised: Thursday, May 28, 2009