77-32-501 - Contracts for defense of indigent inmates -- Qualifications -- Prosecutorial duties. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-32 > 77-32-501

77-32-501. Contracts for defense of indigent inmates -- Qualifications --Prosecutorial duties.
(1) The board shall enter into contracts with qualified legal defense counsel to providedefense counsel services for an indigent inmate who is incarcerated in a state prison located in acounty of the third, fourth, fifth, or sixth class as defined in Section 17-50-501, is charged withhaving committed a crime within that facility, and will require defense counsel.
(2) Payment for the representation, costs, and expenses of legal defense counsel shall bemade from the Indigent Inmate Trust Fund as provided in Section 77-32-502.
(3) The defense counsel shall maintain the minimum qualifications as provided inSection 77-32-301.
(4) The county attorney or district attorney of a county of the third, fourth, fifth, or sixthclass shall function as the prosecuting entity.
(5) (a) The county of the third, fourth, fifth, or sixth class where a state prison is locatedmay impose an additional tax levy by ordinance at .0001 per dollar of taxable value in the county.
(b) If the county governing body imposes the additional tax levy by ordinance, the moneyshall be deposited in the Indigent Inmate Trust Fund as provided in Section 77-32-502 to fundthe purposes of this section.
(c) Upon notification that the fund has reached the amount specified in Subsection77-32-502(6), the county shall deposit money derived from the levy into a county account usedexclusively to provide defense counsel and defense related services for indigent defendants.
(d) A county that chooses not to impose the additional levy by ordinance may not receiveany benefit from the Indigent Inmate Trust fund.

Amended by Chapter 80, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-32 > 77-32-501

77-32-501. Contracts for defense of indigent inmates -- Qualifications --Prosecutorial duties.
(1) The board shall enter into contracts with qualified legal defense counsel to providedefense counsel services for an indigent inmate who is incarcerated in a state prison located in acounty of the third, fourth, fifth, or sixth class as defined in Section 17-50-501, is charged withhaving committed a crime within that facility, and will require defense counsel.
(2) Payment for the representation, costs, and expenses of legal defense counsel shall bemade from the Indigent Inmate Trust Fund as provided in Section 77-32-502.
(3) The defense counsel shall maintain the minimum qualifications as provided inSection 77-32-301.
(4) The county attorney or district attorney of a county of the third, fourth, fifth, or sixthclass shall function as the prosecuting entity.
(5) (a) The county of the third, fourth, fifth, or sixth class where a state prison is locatedmay impose an additional tax levy by ordinance at .0001 per dollar of taxable value in the county.
(b) If the county governing body imposes the additional tax levy by ordinance, the moneyshall be deposited in the Indigent Inmate Trust Fund as provided in Section 77-32-502 to fundthe purposes of this section.
(c) Upon notification that the fund has reached the amount specified in Subsection77-32-502(6), the county shall deposit money derived from the levy into a county account usedexclusively to provide defense counsel and defense related services for indigent defendants.
(d) A county that chooses not to impose the additional levy by ordinance may not receiveany benefit from the Indigent Inmate Trust fund.

Amended by Chapter 80, 2009 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-32 > 77-32-501

77-32-501. Contracts for defense of indigent inmates -- Qualifications --Prosecutorial duties.
(1) The board shall enter into contracts with qualified legal defense counsel to providedefense counsel services for an indigent inmate who is incarcerated in a state prison located in acounty of the third, fourth, fifth, or sixth class as defined in Section 17-50-501, is charged withhaving committed a crime within that facility, and will require defense counsel.
(2) Payment for the representation, costs, and expenses of legal defense counsel shall bemade from the Indigent Inmate Trust Fund as provided in Section 77-32-502.
(3) The defense counsel shall maintain the minimum qualifications as provided inSection 77-32-301.
(4) The county attorney or district attorney of a county of the third, fourth, fifth, or sixthclass shall function as the prosecuting entity.
(5) (a) The county of the third, fourth, fifth, or sixth class where a state prison is locatedmay impose an additional tax levy by ordinance at .0001 per dollar of taxable value in the county.
(b) If the county governing body imposes the additional tax levy by ordinance, the moneyshall be deposited in the Indigent Inmate Trust Fund as provided in Section 77-32-502 to fundthe purposes of this section.
(c) Upon notification that the fund has reached the amount specified in Subsection77-32-502(6), the county shall deposit money derived from the levy into a county account usedexclusively to provide defense counsel and defense related services for indigent defendants.
(d) A county that chooses not to impose the additional levy by ordinance may not receiveany benefit from the Indigent Inmate Trust fund.

Amended by Chapter 80, 2009 General Session