77-32-701. Establishment of Indigent Felony Defense Trust Fund -- Use of fund --
Compensation for indigent legal defense from fund.
(1) For purposes of this part, "fund" means the Indigent Felony Defense Trust Fund.
(2) There is established a private-purpose trust fund known as the "Indigent Felony
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 the provisions of this chapter.
(3) The fund consists of:
(a) monies received from participating counties as provided in Sections 77-32-702 and
77-32-703;
(b) a one-time appropriation 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) The fund shall be used to assist participating counties with the 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
felony offenses.
(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 a felony in a
participating county; and
(b) for administrative costs pursuant to Section 77-32-401.
Amended by Chapter 256, 2002 General Session
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Last revised: Thursday, May 28, 2009