77-32-704. Application and qualification for fund money.
(1) Any participating county may apply to the board for benefits from the fund if that
county has incurred, or reasonably anticipates incurring, expenses in excess of $20,000 in the
defense of an indigent for felony offenses in violation of state law arising out of a single criminal
episode.
(2) No application shall be made nor benefits provided from the fund for cases filed
before September 1, 1998.
(3) (a) If the application of a participating county is approved by the board, the board
shall negotiate, enter into, and administer a contract with counsel for the indigent and costs
incurred for the defense of that indigent, including fees for counsel and reimbursement for
defense costs incurred by defense counsel.
(b) Fees for counsel and reimbursement for defense costs of an indigent are as follows:
(i) $20,000 or more shall be paid from the fund; and
(ii) up to $20,000 shall be paid by the participating county.
(4) Nonparticipating counties are responsible for paying indigent costs in their county and
shall not be eligible for any legislative relief. However, nonparticipating counties may provide
for payment of indigent costs through an increase in the county tax levy as provided in Section
77-32-307.
(5) This part may not become effective unless the board has received resolutions before
August 1, 1998, from at least 15 counties adopted as described in Subsection 77-32-702(2).
Amended by Chapter 333, 1998 General Session
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Last revised: Thursday, May 28, 2009