Compendium of Budget Information for the 2010 General Session

Capital Facilities & Government Operations
Appropriations Subcommittee
Subcommittee Table of Contents

Agency: Administrative Services

Line Item: Post Conviction Indigent Defense

Function

The Legislature appropriated funds to the Division of Finance pursuant to UCA 77-32-601. This section of code allows persons convicted to the death sentence to challenge the conviction and have counsel appointed. If a defendant requests counsel and is determined by the court to be indigent, costs of counsel and other reasonable litigation expenses incurred in providing the representation must be paid from state funds by the Division of Finance.

The program was managed by the Attorney General's office for a period of time but was moved into a separate line item to avoid the appearance of a conflict resulting from the AG prosecuting individuals while directly funding their defense. Funds are housed in the Division of Finance for administrative purposes only.

Intent Language

    Under terms of UCA 63J-1-402(3), the Legislature intends not to lapse Item 44, Chapter 2, Laws of Utah 2008. Expenditure of these funds is limited to: Legal costs for death row inmates - $287,000.

Funding Detail

This program has operated on carry-forward balances since FY 2002; however, in FY 2009 the Legislature appropriated $39,400 ongoing General Fund.

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $0 $0 $0 $39,400 $35,700
General Fund, One-time $0 $0 $0 $5,500 $0
Beginning Nonlapsing $320,000 $269,400 $250,000 $242,500 $217,000
Closing Nonlapsing ($269,400) ($250,000) ($242,500) ($191,800) ($186,000)
Lapsing Balance $0 ($9,400) $0 $0 $0
Total
$50,600
$10,000
$7,500
$95,600
$66,700
 
Programs:
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Post Conviction Indigent Defense Fund $50,600 $10,000 $7,500 $95,600 $66,700
Total
$50,600
$10,000
$7,500
$95,600
$66,700
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Current Expense $50,600 $10,000 $7,500 $95,600 $66,700
Total
$50,600
$10,000
$7,500
$95,600
$66,700
Subcommittee Table of Contents