HB 80 Indigent Defense Costs Appropriation

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                  HB 80
              INDIGENT DEFENSE COSTS APPROPRIATION
              1996 GENERAL SESSION
              STATE OF UTAH
              Sponsor: Thomas Hatch
          AN ACT RELATING TO APPROPRIATIONS; APPROPRIATING $100,000 FROM THE
          GENERAL FUND FOR FISCAL YEAR 1996-97 TO THE DIVISION OF FINANCE FOR
          USE BY COUNTIES EXCEEDING THEIR INDIGENT DEFENSE BUDGET BY A
          SPECIFIED PERCENTAGE; AND PROVIDING AN EFFECTIVE DATE.
          This act enacts uncodified material.
          Be it enacted by the Legislature of the state of Utah:
              Section 1. Intent.
              It is the intent of the Legislature in appropriating these funds to help meet the statewide
          need for financial resources that can arise from fulfilling the constitutional mandate to provide an
          adequate defense for indigent defendants prosecuted for the violation of state laws.
              Section 2. Appropriation.
              (1) There is appropriated $100,000 to the Division of Finance from the General Fund for
          fiscal year 1996-97.
              (2) The Division of Finance shall, with technical assistance from the attorney general,
          disburse the funds until depleted to counties that, for any county fiscal year through state fiscal
          year 1996-97:
              (a) have an annual budget for indigent defense costs of at least $10,000; and
              (b) (i) have actually spent for indigent defense costs more than 1,000% of the amount
          budgeted; or
              (ii) have incurred obligations for indigent defense costs which, when combined with the
          amount actually spent for those costs, exceed the amount budgeted by more than 1,000%.
              (3) A county that qualifies under Subsection (2) and that seeks disbursement of funds shall
          submit a written request to the Division of Finance stating the amount requested. The request shall
          be accompanied by documentary evidence of:
              (a) the amount of the county's annual budget for indigent defense costs for the applicable
          fiscal year;
              (b) the amount the county actually spent on indigent defense costs during the applicable
          fiscal year; and
              (c) if applicable, the amount and nature of the unpaid obligations for indigent defense costs
          the county incurred during the applicable fiscal year.
              (4) If a county qualifies under Subsections (2)(a) and (b)(ii) for the disbursement of funds,
          the Division of Finance shall, if the county requests in writing, disburse the funds directly to the
          county's indigent defense cost obligees.
              Section 3. Effective date.
              This act takes effect on July 1, 1996.

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