77-32-604 - Application and qualification for fund money.
77-32-604. 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 the defense of an indigent forcapital felonies in violation of state law arising out of a single criminal episode.
(2) No application shall be made nor benefits provided from the fund for cases filedbefore September 1, 1998.
(3) If the application of a participating county is approved by the board, the board shallnegotiate, enter into, and administer a contract with counsel for the indigent and costs incurred forthe defense of that indigent, including fees for counsel and reimbursement for defense costsincurred by defense counsel.
(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 77-32-602(2).
Amended by Chapter 209, 2001 General Session