COBI 2015 - Post Conviction Indigent Defense

Overview
Issues
Performance
Background
Financials

Sources Uses

FY 2016 Appropriation

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.

Funding History

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $59,500 from all sources for Post Conviction Indigent Defense. This is a 70.2 percent reduction from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $33,900 from the General/Education Funds, a change of 0 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time DAS Finance Reallocation of Nonlapsing Balance$0$100,000

OngoingOne-TimeFinancing Source

$0$100,000Beginning Nonlapsing - Finance

DAS Finance Reallocation of Nonlapsing Balance

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

HB0003: Item 46

Under the terms of 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Post Conviction Indigent Defense in Item 21, Chapter 11, Laws of Utah 2014, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to legal costs for death row inmates: $220,000.

This program has operated on carry-forward balances since FY 2002; however, in FY 2009 the Legislature appropriated $39,400 ongoing General Fund, which has subsequently been adjusted down to $33,900 by the Legislature due to funding constraints. The program has also received one-time supplemental appropriations as needed to pay expected costs.

Display By:

Funding Source

Expenditure Category

Appropriation Type:

Appropriation History by

Programs	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Post Conviction Indigent Defense Fund	168,000	106,500	91,400	92,500	33,900	166,100	200,000	(140,500)	59,500
Indigent Inmate Defense	0	0	0	0	0	0	0	0	0
Total	$168,000	$106,500	$91,400	$92,500	$33,900	$166,100	$200,000	($140,500)	$59,500

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	33,900	33,900	33,900	33,900	33,900	0	33,900	0	33,900
General Fund, One-time	100,000	100,000	0	100,000	0	0	0	0	0
Beginning Nonlapsing	114,400	80,300	107,700	50,300	0	91,700	91,700	(66,100)	25,600
Beginning Nonlapsing - Finance	0	0	0	0	0	100,000	100,000	(100,000)	0
Closing Nonlapsing	(80,300)	(107,700)	(50,200)	(91,700)	0	(25,600)	(25,600)	25,600	0
Total	$168,000	$106,500	$91,400	$92,500	$33,900	$166,100	$200,000	($140,500)	$59,500

Show Table | Show Additional Information

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
In-state Travel	400	0	0	0	0	0	0	0	0
Current Expense	167,600	106,500	91,400	92,500	33,900	166,100	200,000	(140,500)	59,500
Total	$168,000	$106,500	$91,400	$92,500	$33,900	$166,100	$200,000	($140,500)	$59,500

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.