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Utah Code
2017 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 32 - Indigent Defense Act
Part 8 - Utah Indigent Defense Commission
Section 809 - Investigation, audit, and review of indigent and juvenile defense services -- Cooperation and participation with commission -- Maintenance of local share -- Necessity for excess funding.
Universal Citation:
UT Code § 77-32-809 (2017)
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Effective 5/9/2017
77-32-809. Investigation, audit, and review of indigent and juvenile defense services -- Cooperation and participation with commission -- Maintenance of local share -- Necessity for excess funding.
Amended by Chapter 111, 2017 General Session
77-32-809. Investigation, audit, and review of indigent and juvenile defense services -- Cooperation and participation with commission -- Maintenance of local share -- Necessity for excess funding.
- (1) Indigent defense systems and attorneys engaged in providing indigent defense services shall cooperate and participate with the commission in the investigation, audit, and review of all indigent defense services.
- (2)
- (a) For purposes of this part, "baseline budget" means an indigent defense system's annual expenditure for the indigent defense services. The baseline budget shall be adjusted for indigent defense case load fluctuations and inflations whenever subsequent grant requests are submitted to the commission.
- (b) An indigent defense system shall maintain the system's baseline budget each year.
- (c) If the commission determines that money in excess of the indigent defense system's baseline budget is necessary to achieve minimum principles for effective representation, the excess money shall be paid from state or local funding, or a combination of both, as determined by the grant application process described in Section 77-32-807.
- (d) An indigent defense system is not required to expend all of the system's local funding if minimum principles for effective representation may be met for less than local funding.
- (3) The commission may apply for and obtain state funding from any source to carry out the purposes of this part. Money received by the commission, from any source, are state funds and shall be appropriated as provided by law.
Amended by Chapter 111, 2017 General Session
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