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7 LONG TITLE
8 General Description:
9 This bill modifies and enacts provisions related to indigent and parental defense.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates and modifies definitions;
13 ▸ amends the powers, duties, and membership of the Utah Indigent Defense
14 Commission;
15 ▸ creates the Office of Indigent Defense Services;
16 ▸ creates the powers and duties of the Office of Indigent Defense Services;
17 ▸ requires the Office of Indigent Defense Services to administer the Child Welfare
18 Parental Defense Program;
19 ▸ modifies provisions relating to administration of the Child Welfare Parental
20 Defense Program;
21 ▸ creates a reporting requirement for indigent defense services; and
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides coordination clauses.
27 Utah Code Sections Affected:
28 AMENDS:
29 63M-7-204, as last amended by Laws of Utah 2019, Chapter 435
30 78A-6-1111, as last amended by Laws of Utah 2019, Chapter 326
31 78B-6-112, as last amended by Laws of Utah 2019, Chapters 136, 326, and 491
32 78B-22-102, as enacted by Laws of Utah 2019, Chapter 326
33 78B-22-201, as enacted by Laws of Utah 2019, Chapter 326
34 78B-22-401, as renumbered and amended by Laws of Utah 2019, Chapter 326
35 78B-22-402, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
36 amended by Laws of Utah 2019, Chapter 326
37 78B-22-404, as renumbered and amended by Laws of Utah 2019, Chapter 326
38 78B-22-406, as renumbered and amended by Laws of Utah 2019, Chapter 326
39 ENACTS:
40 78B-22-451, Utah Code Annotated 1953
41 78B-22-452, Utah Code Annotated 1953
42 78B-22-801, Utah Code Annotated 1953
43 RENUMBERS AND AMENDS:
44 78B-22-453, (Renumbered from 78B-22-403, as renumbered and amended by Laws of
45 Utah 2019, Chapter 326)
46 78B-22-802, (Renumbered from 63M-7-211, as enacted by Laws of Utah 2019, Chapter
47 435)
48 78B-22-803, (Renumbered from 63M-7-211.1, as enacted by Laws of Utah 2019,
49 Chapter 435)
50 78B-22-804, (Renumbered from 63M-7-211.2, as enacted by Laws of Utah 2019,
51 Chapter 435)
52 Utah Code Sections Affected by Coordination Clause:
53 78B-22-402, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
54 amended by Laws of Utah 2019, Chapter 326
55 78B-22-406, as renumbered and amended by Laws of Utah 2019, Chapter 326
56 78B-22-451, Utah Code Annotated 1953
57 78B-22-452, Utah Code Annotated 1953
58 78B-22-453, Renumbered from 78B-22-403, as renumbered and amended by Laws of
59 Utah 2019, Chapter 326
60 78B-22-803, Renumbered from 63M-7-211.1, as enacted by Laws of Utah 2019,
61 Chapter 435
62
63 Be it enacted by the Legislature of the state of Utah:
64 Section 1. Section 63M-7-204 is amended to read:
65 63M-7-204. Duties of commission.
66 (1) The State Commission on Criminal and Juvenile Justice administration shall:
67 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
68 (b) promote the communication and coordination of all criminal and juvenile justice
69 agencies;
70 (c) study, evaluate, and report on the status of crime in the state and on the
71 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
72 reduction of crime in the state;
73 (d) study, evaluate, and report on programs initiated by state and local agencies to
74 address reducing recidivism, including changes in penalties and sentencing guidelines intended
75 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
76 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
77 alternative to incarceration, as resources allow;
78 (e) study, evaluate, and report on policies, procedures, and programs of other
79 jurisdictions which have effectively reduced crime;
80 (f) identify and promote the implementation of specific policies and programs the
81 commission determines will significantly reduce crime in Utah;
82 (g) provide analysis and recommendations on all criminal and juvenile justice
83 legislation, state budget, and facility requests, including program and fiscal impact on all
84 components of the criminal and juvenile justice system;
85 (h) provide analysis, accountability, recommendations, and supervision for state and
86 federal criminal justice grant money;
87 (i) provide public information on the criminal and juvenile justice system and give
88 technical assistance to agencies or local units of government on methods to promote public
89 awareness;
90 (j) promote research and program evaluation as an integral part of the criminal and
91 juvenile justice system;
92 (k) provide a comprehensive criminal justice plan annually;
93 (l) review agency forecasts regarding future demands on the criminal and juvenile
94 justice systems, including specific projections for secure bed space;
95 (m) promote the development of criminal and juvenile justice information systems that
96 are consistent with common standards for data storage and are capable of appropriately sharing
97 information with other criminal justice information systems by:
98 (i) developing and maintaining common data standards for use by all state criminal
99 justice agencies;
100 (ii) annually performing audits of criminal history record information maintained by
101 state criminal justice agencies to assess their accuracy, completeness, and adherence to
102 standards;
103 (iii) defining and developing state and local programs and projects associated with the
104 improvement of information management for law enforcement and the administration of
105 justice; and
106 (iv) establishing general policies concerning criminal and juvenile justice information
107 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
108 Subsection (1)(m);
109 (n) allocate and administer grants, from money made available, for approved education
110 programs to help prevent the sexual exploitation of children;
111 (o) allocate and administer grants funded from money from the Law Enforcement
112 Operations Account created in Section 51-9-411 for law enforcement operations and programs
113 related to reducing illegal drug activity and related criminal activity;
114 (p) request, receive, and evaluate data and recommendations collected and reported by
115 agencies and contractors related to policies recommended by the commission regarding
116 recidivism reduction;
117 (q) establish and administer a performance incentive grant program that allocates funds
118 appropriated by the Legislature to programs and practices implemented by counties that reduce
119 recidivism and reduce the number of offenders per capita who are incarcerated;
120 (r) oversee or designate an entity to oversee the implementation of juvenile justice
121 reforms;
122 (s) make rules and administer the juvenile holding room standards and juvenile jail
123 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
124 pursuant to 42 U.S.C. Sec. 5633;
125 (t) allocate and administer grants, from money made available, for pilot qualifying
126 education programs; and
127 (u) oversee the trauma-informed justice program described in Section 63M-7-209[
128
129 [
130
131 (2) If the commission designates an entity under Subsection (1)(r), the commission
132 shall ensure that the membership of the entity includes representation from the three branches
133 of government and, as determined by the commission, representation from relevant stakeholder
134 groups across all parts of the juvenile justice system, including county representation.
135 Section 2. Section 78A-6-1111 is amended to read:
136 78A-6-1111. Order for indigent defense service or guardian ad litem.
137 [
138
139 (1) A court shall order indigent defense services in accordance with Title 78B, Chapter
140 22, Indigent Defense Act, for a minor, parent, or legal guardian facing an action filed by a
141 private party or the state under this title.
142 (2) (a) In any action under Part 3, Abuse, Neglect, and Dependency Proceedings, or
143 Part 5, Termination of Parental Rights Act, the child shall be represented by a guardian ad
144 litem in accordance with Sections 78A-6-317 and 78A-6-902.
145 (b) The child shall [
146 actions initiated under this chapter when appointed by the court under Section 78A-6-902 or as
147 otherwise provided by law.
148 Section 3. Section 78B-6-112 is amended to read:
149 78B-6-112. District court jurisdiction over termination of parental rights
150 proceedings.
151 (1) A district court has jurisdiction to terminate parental rights in a child if the party
152 [
153 of facilitating the adoption of the child.
154 (2) A petition to terminate parental rights under this section may be:
155 (a) joined with a proceeding on an adoption petition; or
156 (b) filed as a separate proceeding before or after a petition to adopt the child is filed.
157 (3) A court may enter a final order terminating parental rights before a final decree of
158 adoption is entered.
159 (4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
160 proceedings to terminate parental rights as described in Section 78A-6-103.
161 (b) This section does not grant jurisdiction to a district court to terminate parental
162 rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
163 neglect, dependency, or termination of parental rights proceeding.
164 (5) The district court may terminate an individual's parental rights in a child if:
165 (a) the individual executes a voluntary consent to adoption, or relinquishment for
166 adoption, of the child, in accordance with:
167 (i) the requirements of this chapter; or
168 (ii) the laws of another state or country, if the consent is valid and irrevocable;
169 (b) the individual is an unmarried biological father who is not entitled to consent to
170 adoption, or relinquishment for adoption, under Section 78B-6-120 or 78B-6-121;
171 (c) the individual:
172 (i) received notice of the adoption proceeding relating to the child under Section
173 78B-6-110; and
174 (ii) failed to file a motion for relief, under Subsection 78B-6-110(6), within 30 days
175 after the day on which the individual was served with notice of the adoption proceeding;
176 (d) the court finds, under Section 78B-15-607, that the individual is not a parent of the
177 child; or
178 (e) the individual's parental rights are terminated on grounds described in Title 78A,
179 Chapter 6, Part 5, Termination of Parental Rights Act, [
180
181 (6) The court shall appoint an indigent defense service provider[
182 with Title 78B, Chapter 22, Indigent Defense Act, to represent [
183 faces any action initiated by a private party under Title 78A, Chapter 6, Part 5, Termination of
184 Parental Rights Act, or whose parental rights are subject to termination under this section.
185 (7) If a county incurs expenses in providing indigent defense services to an indigent
186 individual facing any action initiated by a private party under Title 78A, Chapter 6, Part 5,
187 Termination of Parental Rights Act, or termination of parental rights under this section, the
188 county may apply for reimbursement from the Utah Indigent Defense Commission [
189 accordance with Section 78B-22-406.
190 (8) A petition filed under this section is subject to the procedural requirements of this
191 chapter.
192 Section 4. Section 78B-22-102 is amended to read:
193 78B-22-102. Definitions.
194 As used in this chapter:
195 (1) "Account" means the Indigent Defense Resources Restricted Account created in
196 Section 78B-22-405.
197 (2) "Board" means the Indigent Defense Funds Board created in Section 78B-22-501.
198 (3) "Commission" means the Utah Indigent Defense Commission created in Section
199 78B-22-401.
200 (4) "Director" means the director of the Office of Indigent Defense Services, created in
201 Section 78B-22-451, who is appointed in accordance with Section 78B-22-453.
202 [
203 effective defense for an indigent individual, including the costs for a competent investigator,
204 expert witness, scientific or medical testing, transcripts, and printing briefs.
205 (b) "Indigent defense resources" does not include an indigent defense service provider.
206 [
207 represent an indigent individual pursuant to:
208 (a) a contract with an indigent defense system to provide indigent defense services; or
209 (b) an order issued by the court under Subsection 78B-22-203(2)(a).
210 [
211 (a) the representation of an indigent individual by an indigent defense service provider;
212 and
213 (b) the provision of indigent defense resources for an indigent individual.
214 [
215 (a) a city or town that is responsible for providing indigent defense services [
216
217 (b) a county that is responsible for providing indigent defense services in the district
218 court, juvenile court, [
219 (c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation
220 Act, that is responsible for providing indigent defense services according to the terms of an
221 agreement between a county, city, or town.
222 [
223 (a) a minor who is:
224 (i) arrested and admitted into detention for an offense under Section 78A-6-103;
225 (ii) charged by petition or information in the juvenile or district court; or
226 (iii) described in this Subsection [
227 adjudication or other final court action; and
228 (b) an individual listed in Subsection 78B-22-201(1) who is found indigent pursuant to
229 Section 78B-22-202.
230 [
231 (11) "Office" means the Office of Indigent Defense Services created in Section
232 78B-22-451.
233 [
234 participation in the Indigent Aggravated Murder Defense Trust Fund as provided in Sections
235 78B-22-702 and 78B-22-703.
236 Section 5. Section 78B-22-201 is amended to read:
237 78B-22-201. Right to counsel.
238 (1) A court shall advise the following of the individual's right to counsel when the
239 individual first appears before the court:
240 (a) an adult charged with a criminal offense the penalty for which includes the
241 possibility of incarceration regardless of whether actually imposed;
242 (b) a parent or legal guardian facing [
243 (i) Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;
244 (ii) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or
245 (iii) Title 78A, Chapter 6, Part 10, Adult Offenses; [
246 [
247 (c) a parent or legal guardian facing an action initiated by any party under:
248 (i) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or
249 (ii) Section 78B-6-112; or
250 [
251
252 (2) If an individual described in Subsection (1) does not knowingly and voluntarily
253 waive the right to counsel, the court shall determine whether the individual is indigent under
254 Section 78B-22-202.
255 Section 6. Section 78B-22-401 is amended to read:
256 78B-22-401. Utah Indigent Defense Commission -- Creation -- Purpose.
257 (1) There is created the Utah Indigent Defense Commission within the State
258 Commission on Criminal and Juvenile Justice [
259 (2) The purpose of the commission is to assist:
260 (a) the state in meeting the state's obligations for the provision of indigent defense
261 services, consistent with the United States Constitution, the Utah Constitution, and the Utah
262 Code[
263 (b) the office with carrying out the statutory duties assigned to the commission and
264 office.
265 Section 7. Section 78B-22-402 is amended to read:
266 78B-22-402. Commission members -- Member qualifications -- Terms -- Vacancy.
267 (1) (a) The commission is composed of 15 [
268
269 [
270
271 (i) two practicing criminal defense attorneys recommended by the Utah Association of
272 Criminal Defense Lawyers;
273 (ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
274 Association of Criminal Defense Lawyers;
275 (iii) one attorney practicing in the area of parental defense, recommended by an entity
276 funded under the Child Welfare Parental Defense Program created in Section 78B-22-802;
277 [
278 Minority Bar Association;
279 [
280 county of the first or second class;
281 [
282 county of the third through sixth class;
283 [
284 Utah Association of Criminal Defense Lawyers;
285 [
286 its membership; and
287 [
288 [
289
290 [
291 shall appoint two members of the Utah Legislature, one from the House of Representatives and
292 one from the Senate[
293 [
294 Office of the Courts.
295 [
296 Justice or the executive director's designee is a [
297 [
298
299 (2) A member appointed by the governor shall serve a four-year term, except as
300 provided in Subsection (3).
301 (3) The governor shall stagger the initial terms of appointees so that approximately half
302 of the members appointed by the governor are appointed every two years.
303 (4) A member appointed to the commission shall have significant experience in
304 indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
305 have otherwise demonstrated a strong commitment to providing effective representation in
306 indigent defense services.
307 (5) [
308 prosecuting attorney may not serve as a member of the commission .
309 (6) A commission member shall hold office until the member's successor is appointed.
310 (7) The commission may remove a member for incompetence, dereliction of duty,
311 malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
312 (8) If a vacancy occurs in the membership for any reason, a replacement shall be
313 appointed for the remaining unexpired term in the same manner as the original appointment.
314 (9) (a) The commission shall [
315 membership to serve a one-year term.
316 (b) A commission member may not serve as chair of the commission for more than
317 three consecutive terms.
318 (10) A member may not receive compensation or benefits for the member's service, but
319 may receive per diem and travel expenses in accordance with:
320 (a) Section 63A-3-106;
321 (b) Section 63A-3-107; and
322 (c) rules made by the Division of Finance [
323 63A-3-106 and 63A-3-107.
324 (11) (a) A majority of the members of the commission constitutes a quorum.
325 (b) If a quorum is present, the action of a majority of the voting members present
326 constitutes the action of the commission.
327 Section 8. Section 78B-22-404 is amended to read:
328 78B-22-404. Powers and duties of the commission.
329 (1) The commission shall:
330 (a) adopt minimum guidelines for an indigent defense system to ensure the effective
331 representation of indigent individuals consistent with the requirements of the United States
332 Constitution, the Utah Constitution, and the Utah Code, which guidelines at a minimum shall
333 address the following:
334 (i) an indigent defense system shall ensure that in providing indigent defense services:
335 (A) an indigent individual receives conflict-free indigent defense services; and
336 (B) there is a separate contract for each type of indigent defense service; and
337 (ii) an indigent defense system shall ensure an indigent defense service provider has:
338 (A) the ability to exercise independent judgment without fear of retaliation and is free
339 to represent an indigent individual based on the indigent defense service provider's own
340 independent judgment;
341 (B) adequate access to indigent defense resources;
342 (C) the ability to provide representation to accused individuals in criminal cases at the
343 critical stages[
344 delinquency and child welfare proceedings;
345 (D) a workload that allows for sufficient time to meet with clients, investigate cases,
346 file appropriate documents with the courts, and otherwise provide effective assistance of
347 counsel to each client;
348 (E) adequate compensation without financial disincentives;
349 (F) appropriate experience or training in the area for which the indigent defense service
350 provider is representing indigent individuals;
351 (G) compensation for legal training and education in the areas of the law relevant to the
352 types of cases for which the indigent defense service provider is representing indigent
353 individuals; and
354 (H) the ability to meet the obligations of the Utah Rules of Professional Conduct,
355 including expectations on client communications and managing conflicts of interest;
356 (b) encourage and aid indigent defense systems in the state in the regionalization of
357 indigent defense services to provide for effective and efficient representation to the indigent
358 individuals;
359 [
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361 [
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363 [
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365 [
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368 [
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371 [
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373 [
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377 defense services;
378 [
379 indigent defense services; and
380 [
381 services[
382 [
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384 [
385 [
386 [
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388 [
389
390 [
391 (2) The commission may:
392 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
393 Rulemaking Act, to carry out the commission's duties under this part[
394 (b) assign duties related to indigent defense services to the office to assist the
395 commission with the commission's statutory duties; and
396 (c) request supplemental appropriations from the Legislature to address a deficit in the
397 Child Welfare Parental Defense Fund created in Section 78B-22-804.
398 Section 9. Section 78B-22-406 is amended to read:
399 78B-22-406. Indigent defense services grant program.
400 (1) The commission may award grants to supplement local spending by an indigent
401 defense system for indigent defense.
402 [
403 (2) The commission may use grant money:
404 (a) to assist an indigent defense system to provide indigent defense services that meet
405 the commission's minimum guidelines for the effective representation of indigent individuals;
406 (b) [
407 defense data collection systems;
408 (c) to provide indigent defense services in addition to [
409 that are currently being provided by an indigent defense system; [
410 (d) to provide training and continuing legal education for indigent defense service
411 providers[
412 (e) to pay for indigent defense resources and costs and expenses for parental defense
413 attorneys as described in Subsection 78B-22-804(2).
414 (3) To receive a grant from the commission, an indigent defense system shall
415 demonstrate to the commission's satisfaction that:
416 (a) the indigent defense system has incurred or reasonably anticipates incurring
417 expenses for indigent defense services that are in addition to the indigent defense system's
418 average annual spending on indigent defense services in the three fiscal years immediately
419 preceding the grant application; and
420 (b) a grant from the commission is necessary for the indigent defense system to meet
421 the commission's minimum guidelines for the effective representation of indigent individuals.
422 (4) The commission may revoke a grant if an indigent defense system fails to meet
423 requirements of the grant or any of the commission's minimum guidelines for the effective
424 representation of indigent individuals.
425 Section 10. Section 78B-22-451 is enacted to read:
426
427 78B-22-451. Office of Indigent Defense Services -- Creation.
428 There is created the Office of Indigent Defense Services within the State Commission
429 on Criminal and Juvenile Justice.
430 Section 11. Section 78B-22-452 is enacted to read:
431 78B-22-452. Duties of the office.
432 (1) The office shall:
433 (a) establish an annual budget for the office for the Indigent Defense Resources
434 Restricted Account created in Section 78B-22-405;
435 (b) assist the commission in performing the commission's statutory duties described in
436 this chapter;
437 (c) identify and collect data that is necessary for the commission to:
438 (i) aid, oversee, and review compliance by indigent defense systems with the
439 commission's minimum guidelines for the effective representation of indigent individuals; and
440 (ii) provide reports regarding the operation of the commission and the provision of
441 indigent defense services by indigent defense systems in the state;
442 (d) assist indigent defense systems by reviewing contracts and other agreements, to
443 ensure compliance with the commission's minimum guidelines for effective representation of
444 indigent individuals;
445 (e) establish procedures for the receipt and acceptance of complaints regarding the
446 provision of indigent defense services in the state;
447 (f) establish procedures to award grants to indigent defense systems under Section
448 78B-22-406 that are consistent with the commission's minimum guidelines;
449 (g) assist the commission in developing and reviewing advisory caseload guidelines
450 and procedures;
451 (h) investigate, audit, and review the provision of indigent defense services to ensure
452 compliance with the commission's minimum guidelines for the effective representation of
453 indigent individuals;
454 (i) administer the Child Welfare Parental Defense Program in accordance with Part 8,
455 Child Welfare Parental Defense Program;
456 (j) annually report to the governor, Legislature, Judiciary Interim Committee, and
457 Judicial Council, regarding:
458 (i) the operations of the commission;
459 (ii) the operations of the indigent defense systems in the state; and
460 (iii) compliance with the commission's minimum guidelines by indigent defense
461 systems receiving grants from the commission;
462 (k) submit recommendations to the commission for improving indigent defense
463 services in the state;
464 (l) publish an annual report on the commission's website; and
465 (m) perform all other duties assigned by the commission related to indigent defense
466 services.
467 (2) The office may enter into contracts and accept, allocate, and administer funds and
468 grants from any public or private person to accomplish the duties of the office.
469 (3) Any contract entered into under this part shall require that indigent defense services
470 are provided in a manner consistent with the commission's minimum guidelines implemented
471 under Section 78B-22-404.
472 Section 12. Section 78B-22-453, which is renumbered from Section 78B-22-403 is
473 renumbered and amended to read:
474 [
475 (1) The [
476 Juvenile Justice shall appoint a director to carry out the [
477 described in Section 78B-22-452.
478 [
479 [
480 [
481
482 [
483 (2) The director shall be an active member of the Utah State Bar with an appropriate
484 background and experience to serve as the full-time director.
485 (3) The director shall hire staff as necessary to carry out the duties of the [
486 office as described in Section 78B-22-452, including:
487 (a) one individual who is an active member of the Utah State Bar to serve as a full-time
488 assistant director; and
489 (b) one individual with data collection and analysis skills [
490
491 [
492
493 (4) When appointing the director of the office under Subsection (1), the executive
494 director of the State Commission on Criminal and Juvenile Justice shall give preference to an
495 individual with experience in adult criminal defense, child welfare parental defense, or juvenile
496 delinquency defense.
497 (5) When hiring the assistant director, the director shall give preference to an
498 individual with experience in adult criminal defense, child welfare parental defense, or juvenile
499 delinquency defense.
500 Section 13. Section 78B-22-801 is enacted to read:
501
502 78B-22-801. Definitions.
503 As used in this part:
504 (1) "Child welfare case" means a proceeding under Title 78A, Chapter 6, Part 3,
505 Abuse, Neglect, and Dependency Proceedings, or Part 5, Termination of Parental Rights Act.
506 (2) "Contracted parental defense attorney" means an attorney who represents an
507 indigent individual who is a parent in a child welfare case under a contract with the office or a
508 contributing county.
509 (3) "Contributing county" means a county that complies with this part for participation
510 in the Child Welfare Parental Defense Fund described in Section 78B-22-804.
511 (4) "Fund" means the Child Welfare Parental Defense Fund created in Section
512 78B-22-804.
513 (5) "Program" means the Child Welfare Parental Defense Program created in Section
514 78B-22-802.
515 Section 14. Section 78B-22-802, which is renumbered from Section 63M-7-211 is
516 renumbered and amended to read:
517 [
518 Creation -- Duties -- Administrator -- Annual report -- Budget.
519 [
520 [
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522 [
523
524 [
525
526 [
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528 [
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533 [
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538 Defense Program.
539 [
540 [
541 [
542 [
543 [
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545 [
546
547 [
548 (2) (a) The office shall:
549 (i) administer and enforce the program in accordance with this part;
550 (ii) manage the operation and budget of the program;
551 (iii) develop and provide educational and training programs for contracted parental
552 defense attorneys; and
553 (iv) provide information and advice to assist a contracted parental defense attorney to
554 comply with the attorney's professional, contractual, and ethical duties.
555 (b) In administering the program, the office shall contract with:
556 [
557 [
558 contractor, [
559 Section 78B-22-803.
560 [
561
562
563 [
564 (i) the administrative expenses for the program; and
565 (ii) the amount estimated to fund needed contracts and other costs.
566 [
567
568 (b) On or before October 1 of each year, the director shall report to the governor and
569 the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year on the
570 operations, activities, and goals of the program.
571 [
572
573
574
575 [
576
577 [
578
579 Section 15. Section 78B-22-803, which is renumbered from Section 63M-7-211.1 is
580 renumbered and amended to read:
581 [
582 (1) (a) The [
583 attorney to provide indigent defense services for [
584 petition alleging abuse, neglect, or dependency, and requires [
585
586 (b) [
587 expenses of a contracted parental defense attorney [
588 Parental Defense Fund in accordance with Section [
589 [
590
591 [
592 [
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594 [
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597 [
598 [
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601 [
602
603 [
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605 [
606
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608
609 [
610 parental defense attorney shall:
611 (i) complete a basic training course provided by the [
612 (ii) provide parental defense services consistent with the commission's minimum
613 guidelines described in Section 78B-22-404;
614 [
615 [
616 providing no fewer than eight hours of instruction in child welfare law.
617 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
618 commission may, by rule, exempt from the requirements of Subsection [
619 who has equivalent training or adequate experience.
620 Section 16. Section 78B-22-804, which is renumbered from Section 63M-7-211.2 is
621 renumbered and amended to read:
622 [
623 Contracts for coverage by the Child Welfare Parental Defense Fund.
624 (1) There is created an expendable special revenue fund known as the "Child Welfare
625 Parental Defense Fund."
626 (2) Subject to availability, the [
627 fund [
628 purposes:
629 (a) to pay for [
630 defense resources for contracted parental defense attorneys [
631
632
633 (b) for administrative costs [
634 of the program; and
635 (c) for reasonable expenses directly related to the functioning of the program, including
636 training and travel expenses.
637 (3) The fund consists of:
638 (a) appropriations made to the fund by the Legislature;
639 (b) interest and earnings from the investment of fund money;
640 (c) proceeds deposited by [
641 (d) private contributions to the fund.
642 (4) The state treasurer shall invest the money in the fund by following the procedures
643 and requirements of Title 51, Chapter 7, State Money Management Act.
644 (5) (a) If the [
645 (i) the commission [
646 (ii) the Legislature may fund the anticipated deficit through appropriation.
647 (b) If the anticipated deficit is not funded by the Legislature, the [
648 may request an interim assessment to participating counties as described in Subsection (6) to
649 fund the anticipated deficit.
650 (6) (a) A county legislative body and the [
651 [
652 services in the contributing county out of the fund.
653 (b) The [
654 (i) require the contributing county to pay into the fund an amount defined by a formula
655 established by the commission by rule under Title 63G, Chapter 3, Utah Administrative
656 Rulemaking Act; and
657 (ii) provide for revocation of the agreement for failure to pay an assessment on the due
658 date established by the commission by rule under Title 63G, Chapter 3, Utah Administrative
659 Rulemaking Act.
660 (7) (a) After the first year of operation of the fund, any contributing county that elects
661 to initiate participation in the fund, or reestablish participation in the fund after participation
662 was terminated, [
663 provided in Subsection (5).
664 (b) The commission shall determine the amount of the equity payment described in
665 Subsection (7)(a) by rule established by the commission under Title 63G, Chapter 3, Utah
666 Administrative Rulemaking Act.
667 (8) A contributing county that elects to withdraw from participation in the fund, or
668 whose participation in the fund is revoked due to failure to pay the contributing county's
669 assessment, as described in Subsection (6), when due, shall forfeit any right to any previously
670 paid assessment by the contributing county or coverage from the fund.
671 Section 17. Coordinating S.B. 175 with S.B. 139 -- Substantive and technical
672 amendments.
673 If this S.B. 175 and S.B. 139, Amendments to Indigent Defense, both pass and become
674 law, it is the intent of the Legislature that the Office of Legislative Research and General
675 Counsel shall prepare the Utah Code database for publication as follows:
676 (1) the amendments to Section 78B-22-451 in this bill supersede the amendments to
677 Section 78B-22-451 in S.B. 139;
678 (2) the amendments to Section 78B-22-403, renumbered and amended by this bill,
679 supersede the amendments to Section 78B-22-403, renumbered and amended by S.B. 139;
680 (3) the amendments to Section 78B-22-402 in this bill supersede the amendments to
681 Section 78B-22-402 in S.B. 139;
682 (4) the terminology in Subsection 78B-22-803(2)(a)(ii) in this bill is changed from
683 "minimum guidelines" to "core principles"; and
684 (5) Section 78B-22-452 is modified to read:
685 "78B-22-452. Duties of the office.
686 (1) The office shall:
687 (a) establish an annual budget for the Indigent Defense Resources Restricted Account
688 created in Section 78B-22-405;
689 (b) assist the commission in performing the commission's statutory duties described in
690 this chapter;
691 (c) identify and collect data that is necessary for the commission to:
692 (i) aid, oversee, and review compliance by indigent defense systems with the
693 commission's core principles for the effective representation of indigent individuals; and
694 (ii) provide reports regarding the operation of the commission and the provision of
695 indigent defense services by indigent defense systems in the state;
696 (d) assist indigent defense systems by reviewing contracts and other agreements to
697 ensure compliance with the commission's core principles for the effective representation of
698 indigent individuals;
699 (e) establish procedures for the receipt and acceptance of complaints regarding the
700 provision of indigent defense services in the state;
701 (f) establish procedures to award grants to indigent defense systems under Section
702 78B-22-406 that are consistent with the commission's core principles;
703 (g) assist the commission in developing and reviewing advisory caseload guidelines
704 and procedures;
705 (h) investigate, audit, and review the provision of indigent defense services to ensure
706 compliance with the commission's core principles for the effective representation of indigent
707 individuals;
708 (i) administer the Child Welfare Parental Defense Program in accordance with Part 8,
709 Child Welfare Parental Defense Program;
710 (j) annually report to the governor, Legislature, Judiciary Interim Committee, and
711 Judicial Council, regarding:
712 (i) the operations of the commission;
713 (ii) the operations of the indigent defense systems in the state; and
714 (iii) compliance with the commission's core principles by indigent defense systems
715 receiving grants from the commission;
716 (k) submit recommendations to the commission for improving indigent defense
717 services in the state;
718 (l) publish an annual report on the commission's website; and
719 (m) perform all other duties assigned by the commission related to indigent defense
720 services.
721 (2) The office may enter into contracts and accept, allocate, and administer funds and
722 grants from any public or private person to accomplish the duties of the office.
723 (3) Any contract entered into under this part shall require that indigent defense services
724 are provided in a manner consistent with the commission's core principles implemented under
725 Section 78B-22-404.".
726 Section 18. Coordinating S.B. 175 with S.B. 170 -- Substantive and technical
727 amendments.
728 If this S.B. 175 and S.B. 170, Indigent Defense Amendments, both pass and become
729 law, it is the intent of the Legislature that the Office of Legislative Research and General
730 Counsel shall prepare the Utah Code database for publication as follows:
731 (1) the amendments in Section 78B-22-451 in this bill supersede the amendments to
732 Section 78B-22-451 in S.B. 170;
733 (2) the amendments to Section 78B-22-403, as renumbered and amended by this bill,
734 supersede the amendments to Section 78B-22-403, renumbered and amended by S.B. 170;
735 (3) the amendments to Section 78B-22-402 in this bill supersede the amendments to
736 Section 78B-22-402 in S.B. 170;
737 (4) the terminology in Subsection 78B-22-803(2)(a)(ii) in this bill is changed from
738 "minimum guidelines" to "core principles"; and
739 (5) Section 78B-22-452 is modified to read:
740 "78B-22-452. Duties of the office.
741 (1) The office shall:
742 (a) establish an annual budget for the office for the Indigent Defense Resources
743 Restricted Account created in Section 78B-22-405;
744 (b) assist the commission in performing the commission's statutory duties described in
745 this chapter;
746 (c) identify and collect data that is necessary for the commission to:
747 (i) aid, oversee, and review compliance by indigent defense systems with the
748 commission's core principles for the effective representation of indigent individuals; and
749 (ii) provide reports regarding the operation of the commission and the provision of
750 indigent defense services by indigent defense systems in the state;
751 (d) assist indigent defense systems by reviewing contracts and other agreements, to
752 ensure compliance with the commission's core principles for effective representation of
753 indigent individuals;
754 (e) establish procedures for the receipt and acceptance of complaints regarding the
755 provision of indigent defense services in the state;
756 (f) establish procedures to award grants to indigent defense systems under Section
757 78B-22-406 that are consistent with the commission's core principles;
758 (g) create and enter into contracts consistent with Section 78B-22-454 to provide
759 indigent defense services for an indigent defense inmate who:
760 (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth
761 class as defined in Section 17-50-501;
762 (ii) is charged with having committed a crime within that state prison; and
763 (iii) has been appointed counsel in accordance with Section 78B-22-203;
764 (h) assist the commission in developing and reviewing advisory caseload guidelines
765 and procedures;
766 (i) investigate, audit, and review the provision of indigent defense services to ensure
767 compliance with the commission's core principles for the effective representation of indigent
768 individuals;
769 (j) administer the Child Welfare Parental Defense Program in accordance with Part 8,
770 Child Welfare Parental Defense Program;
771 (k) annually report to the governor, Legislature, Judiciary Interim Committee, and
772 Judicial Council, regarding:
773 (i) the operations of the commission;
774 (ii) the operations of the indigent defense systems in the state; and
775 (iii) compliance with the commission's core principles by indigent defense systems
776 receiving grants from the commission;
777 (l) submit recommendations to the commission for improving indigent defense services
778 in the state;
779 (m) publish an annual report on the commission's website; and
780 (n) perform all other duties assigned by the commission related to indigent defense
781 services.
782 (2) The office may enter into contracts and accept, allocate, and administer funds and
783 grants from any public or private person to accomplish the duties of the office.
784 (3) Any contract entered into under this part shall require that indigent defense services
785 are provided in a manner consistent with the commission's core principles implemented under
786 Section 78B-22-404.".
787 Section 19. Coordinating S.B. 175 with S.B. 139 and S.B. 170 -- Substantive and
788 technical amendments.
789 If this S.B. 175 and S.B. 139, Amendments to Indigent Defense, and S.B. 170, Indigent
790 Defense Amendments, all pass and become law, it is the intent of the Legislature that the
791 Office of Legislative Research and General Counsel shall prepare the Utah Code database for
792 publication as follows:
793 (1) the amendments in Section 78B-22-451 in this bill supersede the amendments to
794 Section 78B-22-451 in S.B. 139 and S.B. 170;
795 (2) the amendments to Section 78B-22-403, as renumbered and amended by this bill,
796 supersede the amendments to Section 78B-22-403, renumbered and amended by S.B. 139 and
797 S.B. 170;
798 (3) the amendments to Section 78B-22-402 in this bill supersede the amendments to
799 Section 78B-22-402 in S.B. 139 and S.B. 170;
800 (4) the terminology in Subsection 78B-22-803(2)(a)(ii) in this bill is changed from
801 "minimum guidelines" to "core principles"; and
802 (5) Section 78B-22-452 is modified to read:
803 "78B-22-452. Duties of the office.
804 (1) The office shall:
805 (a) establish an annual budget for the office for the Indigent Defense Resources
806 Restricted Account created in Section 78B-22-405;
807 (b) assist the commission in performing the commission's statutory duties described in
808 this chapter;
809 (c) identify and collect data that is necessary for the commission to:
810 (i) aid, oversee, and review compliance by indigent defense systems with the
811 commission's core principles for the effective representation of indigent individuals; and
812 (ii) provide reports regarding the operation of the commission and the provision of
813 indigent defense services by indigent defense systems in the state;
814 (d) assist indigent defense systems by reviewing contracts and other agreements, to
815 ensure compliance with the commission's core principles for effective representation of
816 indigent individuals;
817 (e) establish procedures for the receipt and acceptance of complaints regarding the
818 provision of indigent defense services in the state;
819 (f) establish procedures to award grants to indigent defense systems under Section
820 78B-22-406 that are consistent with the commission's core principles;
821 (g) create and enter into contracts consistent with Section 78B-22-454 to provide
822 indigent defense services for an indigent defense inmate who:
823 (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth
824 class as defined in Section 17-50-501;
825 (ii) is charged with having committed a crime within that state prison; and
826 (iii) has been appointed counsel in accordance with Section 78B-22-203;
827 (h) assist the commission in developing and reviewing advisory caseload guidelines
828 and procedures;
829 (i) investigate, audit, and review the provision of indigent defense services to ensure
830 compliance with the commission's core principles for the effective representation of indigent
831 individuals;
832 (j) administer the Child Welfare Parental Defense Program in accordance with Part 8,
833 Child Welfare Parental Defense Program;
834 (k) annually report to the governor, Legislature, Judiciary Interim Committee, and
835 Judicial Council, regarding:
836 (i) the operations of the commission;
837 (ii) the operations of the indigent defense systems in the state; and
838 (iii) compliance with the commission's core principles by indigent defense systems
839 receiving grants from the commission;
840 (l) submit recommendations to the commission for improving indigent defense services
841 in the state;
842 (m) publish an annual report on the commission's website; and
843 (n) perform all other duties assigned by the commission related to indigent defense
844 services.
845 (2) The office may enter into contracts and accept, allocate, and administer funds and
846 grants from any public or private person to accomplish the duties of the office.
847 (3) Any contract entered into under this part shall require that indigent defense services
848 are provided in a manner consistent with the commission's core principles implemented under
849 Section 78B-22-404.".