§ 78B-22-701 — Establishment of Indigent Aggravated Murder Defense Fund -- Use of fund -- Compensation for indigent legal defense from fund.

(1) As used in this part, "fund" means the Indigent Aggravated Murder Defense Fund.
(2) (2)(a) There is established a custodial fund known as the "Indigent Aggravated Murder Defense Fund."
(2)(b) The office shall disburse money from the fund at the direction of the commission and subject to this chapter.
(3) The fund consists of:
(3)(a) money received from participating counties as provided in Sections 78B-22-702 and 78B-22-703;
(3)(b) appropriations made to the fund by the Legislature as provided in Section 78B-22-703; and
(3)(c) interest and earnings from the investment of fund money.
(4) The state treasurer shall invest fund money with the earnings and interest accruing to the fund.
(5) The fund shall be used to fulfill the constitutional and statutory mandates for the provision of constitutionally effective defense for indigent individuals prosecuted for the violation of state laws in cases involving aggravated murder.
(6) Money allocated to or deposited into the fund is used only:
(6)(a) to pay an indigent defense service provider appointed to represent an individual prosecuted for aggravated murder;
(6)(b) for defense resources necessary to effectively represent the individual; and
(6)(c) for costs associated with the management of the fund and defense service providers.

Legislative History

Amended by Chapter 193, 2024 General Session