77-32-704 - Application and qualification for fund money. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-32 > 77-32-704

77-32-704. Application and qualification for fund money.
(1) Any participating county may apply to the board for benefits from the fund if thatcounty has incurred, or reasonably anticipates incurring, expenses in excess of $20,000 in thedefense of an indigent for felony offenses in violation of state law arising out of a single criminalepisode.
(2) No application shall be made nor benefits provided from the fund for cases filedbefore September 1, 1998.
(3) (a) If the application of a participating county is approved by the board, the boardshall negotiate, enter into, and administer a contract with counsel for the indigent and costsincurred for the defense of that indigent, including fees for counsel and reimbursement fordefense costs incurred by defense counsel.
(b) Fees for counsel and reimbursement for defense costs of an indigent are as follows:
(i) $20,000 or more shall be paid from the fund; and
(ii) up to $20,000 shall be paid by the participating county.
(4) Nonparticipating counties are responsible for paying indigent costs in their county andshall not be eligible for any legislative relief. However, nonparticipating counties may providefor payment of indigent costs through an increase in the county tax levy as provided in Section77-32-307.
(5) This part may not become effective unless the board has received resolutions beforeAugust 1, 1998, from at least 15 counties adopted as described in Subsection 77-32-702(2).

Amended by Chapter 333, 1998 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-32 > 77-32-704

77-32-704. Application and qualification for fund money.
(1) Any participating county may apply to the board for benefits from the fund if thatcounty has incurred, or reasonably anticipates incurring, expenses in excess of $20,000 in thedefense of an indigent for felony offenses in violation of state law arising out of a single criminalepisode.
(2) No application shall be made nor benefits provided from the fund for cases filedbefore September 1, 1998.
(3) (a) If the application of a participating county is approved by the board, the boardshall negotiate, enter into, and administer a contract with counsel for the indigent and costsincurred for the defense of that indigent, including fees for counsel and reimbursement fordefense costs incurred by defense counsel.
(b) Fees for counsel and reimbursement for defense costs of an indigent are as follows:
(i) $20,000 or more shall be paid from the fund; and
(ii) up to $20,000 shall be paid by the participating county.
(4) Nonparticipating counties are responsible for paying indigent costs in their county andshall not be eligible for any legislative relief. However, nonparticipating counties may providefor payment of indigent costs through an increase in the county tax levy as provided in Section77-32-307.
(5) This part may not become effective unless the board has received resolutions beforeAugust 1, 1998, from at least 15 counties adopted as described in Subsection 77-32-702(2).

Amended by Chapter 333, 1998 General Session

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-32 > 77-32-704

77-32-704. Application and qualification for fund money.
(1) Any participating county may apply to the board for benefits from the fund if thatcounty has incurred, or reasonably anticipates incurring, expenses in excess of $20,000 in thedefense of an indigent for felony offenses in violation of state law arising out of a single criminalepisode.
(2) No application shall be made nor benefits provided from the fund for cases filedbefore September 1, 1998.
(3) (a) If the application of a participating county is approved by the board, the boardshall negotiate, enter into, and administer a contract with counsel for the indigent and costsincurred for the defense of that indigent, including fees for counsel and reimbursement fordefense costs incurred by defense counsel.
(b) Fees for counsel and reimbursement for defense costs of an indigent are as follows:
(i) $20,000 or more shall be paid from the fund; and
(ii) up to $20,000 shall be paid by the participating county.
(4) Nonparticipating counties are responsible for paying indigent costs in their county andshall not be eligible for any legislative relief. However, nonparticipating counties may providefor payment of indigent costs through an increase in the county tax levy as provided in Section77-32-307.
(5) This part may not become effective unless the board has received resolutions beforeAugust 1, 1998, from at least 15 counties adopted as described in Subsection 77-32-702(2).

Amended by Chapter 333, 1998 General Session