2005 Idaho Code - 19-863A — CAPITAL CRIMES DEFENSE FUND AUTHORIZED

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 8
                      EXAMINATION OF CASE AND DISCHARGE
                           OR COMMITMENT OF ACCUSED
    19-863A.  CAPITAL CRIMES DEFENSE FUND AUTHORIZED. (1) The establishment of
a capital crimes defense fund by the counties of the state for purposes of
funding the costs of criminal defense in cases where the penalty of death is a
legal possibility is hereby authorized. The fund shall be organized and
operated in accordance with a joint powers agreement, as authorized by chapter
23, title 67, Idaho Code, executed by the participating counties. Membership
in the fund shall be voluntary, as determined by resolution of the board of
county commissioners of the respective counties of the state.
    (2)  The fund may be comprised of contributions from participating
counties and any court fees or other funds designated or appropriated for
deposit in the fund by the legislature.
    (3)  The fund shall be operated and administered by a board of
representatives to be selected as provided in the joint powers agreement. If
moneys are appropriated to the fund by the legislature, the governor shall
appoint a representative of the executive branch of state government to serve
as a voting member of the governing board, and if court fees are designated
for deposit in the fund, the Idaho supreme court shall appoint a
representative of the judicial branch of state government  to serve as a
voting member of  the board.
    (4)  The governing board of the fund shall have full authority to employ
personnel and contract for personal and professional services as necessary and
may take all other steps necessary or proper to determine the manner in which
the fund shall be utilized to assist participating counties in meeting defense
costs associated with representation of indigent defendants charged with
crimes for which the penalty of death is a legal possibility.
    (5)  The services of the state appellate public defender as provided in
section 19-870, Idaho Code, shall be available only to those counties
participating in the fund.

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