Compendium of Budget Information for the 2011 General Session

Infrastructure & General Government
Appropriations Subcommittee

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 Section 63J-1-603 of the Utah Code the Legislature intends that appropriations provided for the Department of Administrative Services - Post Conviction Indigent Defense in Item 38 of Chapter 396 Laws of Utah 2009 not lapse at the close of Fiscal Year 2010. The use of any nonlapsing funds is limited to the following: Legal Costs for Death Row Inmates - $186,000.

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	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
General Fund	$0	$0	$39,400	$35,700	$33,900
General Fund, One-time	$0	$0	$5,500	$0	$0
Beginning Nonlapsing	$269,400	$250,000	$242,500	$191,800	$131,900
Closing Nonlapsing	($250,000)	($242,500)	($191,800)	($114,400)	($72,000)
Lapsing Balance	($9,400)	$0	$0	$0	$0
Total	$10,000	$7,500	$95,600	$113,100	$93,800

Programs:	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
Post Conviction Indigent Defense Fund	$10,000	$7,500	$95,600	$113,100	$93,800
Total	$10,000	$7,500	$95,600	$113,100	$93,800

Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
Current Expense	$10,000	$7,500	$95,600	$113,100	$93,800
Total	$10,000	$7,500	$95,600	$113,100	$93,800

Subcommittee Table of Contents