§ 78B-22-452 — Duties of the office.

(1) The office shall:
(1)(a) establish an annual budget for the office for the Indigent Defense Resources Restricted Account created in Section 78B-22-405;
(1)(b) assist the commission in performing the commission's statutory duties described in this chapter;
(1)(c) identify and collect data that is necessary for the commission to:
(1)(c)(i) aid, oversee, and review compliance by indigent defense systems with the commission's core principles for the effective representation of indigent individuals; and
(1)(c)(ii) provide reports regarding the operation of the commission and the provision of indigent defense services by indigent defense systems in the state;
(1)(d) assist indigent defense systems by reviewing contracts and other agreements, to ensure compliance with the commission's core principles for effective representation of indigent individuals;
(1)(e) establish procedures for the receipt and acceptance of complaints regarding the provision of indigent defense services in the state;
(1)(f) establish procedures to award grants to indigent defense systems under Section 78B-22-406 that are consistent with the commission's core principles;
(1)(g) create and enter into contracts consistent with Section 78B-22-454 to provide indigent defense services for an indigent defense inmate who:
(1)(g)(i) is incarcerated in a state prison located in an eligible county;
(1)(g)(ii) is charged with having committed a crime within that state prison; and
(1)(g)(iii) has been appointed counsel in accordance with Section 78B-22-203;
(1)(h) assist the commission in developing and reviewing advisory caseload guidelines and procedures;
(1)(i) investigate, audit, and review the provision of indigent defense services to ensure compliance with the commission's core principles for the effective representation of indigent individuals;
(1)(j) administer the Child Welfare Parental Representation Program in accordance with Part 8, Child Welfare Parental Representation Program;
(1)(k) administer the Indigent Aggravated Murder Defense Fund in accordance with Part 7, Indigent Aggravated Murder Defense Fund;
(1)(l) assign an indigent defense service provider to represent an individual prosecuted for aggravated murder in accordance with Part 7, Indigent Aggravated Murder Defense Fund;
(1)(m) provide access for a minor to receive legal advice, at no cost, in connection with considering a nonjudicial adjustment;
(1)(n) annually report to the governor, Legislature, Judiciary Interim Committee, and Judicial Council, regarding:
(1)(n)(i) the operations of the commission;
(1)(n)(ii) the operations of the indigent defense systems in the state; and
(1)(n)(iii) compliance with the commission's core principles by indigent defense systems receiving grants from the commission;
(1)(o) submit recommendations to the commission for improving indigent defense services in the state;
(1)(p) publish an annual report on the commission's website; and
(1)(q) perform all other duties assigned by the commission related to indigent defense services.
(2) The office may:
(2)(a) enter into contracts and accept, allocate, and administer funds and grants from any public or private person to accomplish the duties of the office; and
(2)(b) employ or contract with an attorney to provide counsel, at no cost, to any minor considering a nonjudicial adjustment.
(3) Any contract entered into under this part shall require that indigent defense services are provided in a manner consistent with the commission's core principles implemented under Section 78B-22-404.

Legislative History

Amended by Chapter 217, 2025 General Session