Utah Code tit. 75E, ch. 75E-10, pt. 75E-10-P3 — Indigent Inmate Fund | Utah Code (current version as served 2026-10-18) — Utah

Utah Code § 75E-10-301 Definitions for part.

75E-10-301. Definitions for part. As used in this part, "fund" means the Indigent Inmate Fund created in Section 75E-10-302. Enacted by Chapter 291, 2026 General Session

Utah Code § 75E-10-302 Indigent Inmate Fund.

75E-10-302. Indigent Inmate Fund. (1) There is created a custodial fund known as the "Indigent Inmate Fund" to be disbursed by the office in accordance with contracts entered into under Subsection 75E-10-202(1)(g). (2) Money deposited into this fund shall only be used: (a) to pay indigent defense services for an indigent inmate who: (i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as classified under Section 17-60-104; (ii) is charged with having committed a crime within that state prison; and (iii) has been appointed counsel in accordance with Section 78B-22-203; and (b) to cover costs of administering the Indigent Inmate Fund. (3) The fund consists of: (a) proceeds received from counties that impose the additional tax levy by ordinance under Subsection 75E-10-303(4), which shall be the total county obligation for payment of costs listed in Subsection (2) for defense services for indigent inmates; (b) appropriations made to the fund by the Legislature; and (c) interest and earnings from the investment of fund money. (4) Fund money shall be invested by the state treasurer with the earnings and interest accruing to the fund. (5) (a) In any calendar year in which the fund has insufficient funding, or is projected to have insufficient funding, the commission shall request a supplemental appropriation from the Legislature in the following general session to provide sufficient funding. (b) The state shall pay any or all of the reasonable and necessary money to provide sufficient funding into the fund. (6) The fund is capped at $1,000,000. (7) The office shall notify the contributing counties when the fund approaches $1,000,000 and provide each county with the amount of the balance in the fund. (8) Upon notification by the office that the fund is near the limit imposed in Subsection (6), the counties may contribute enough money to enable the fund to reach $1,000,000 and discontinue contributions until notified by the office that the balance has fallen below $1,000,000, at which time counties that meet the requirements of Section 75E-10-303 shall resume contributions. Renumbered and Amended by Chapter 291, 2026 General Session

Utah Code § 75E-10-303 Funding for indigent defense services.

75E-10-303. Funding for indigent defense services. (1) The office shall pay for indigent defense services for indigent inmates from the fund. (2) A contract under this chapter shall ensure that indigent defense services are provided in a manner consistent with the core principles described in Section 75E-9-104. (3) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth class shall function as the prosecuting entity. (4) (a) A county of the third, fourth, fifth, or sixth class where a state prison is located may impose an additional property tax levy by ordinance at .0001 per dollar of taxable value in the county. (b) If the county governing body imposes the additional property tax levy by ordinance, the revenue shall be deposited into the fund as provided in Section 75E-10-302 to fund the purposes of this chapter. (c) Upon notification that the fund has reached the amount specified in Subsection 75E-10-302(6), a county shall deposit revenue derived from the property tax levy after the county receives the notice into a county account used exclusively to provide indigent defense services. (d) A county that chooses not to impose the additional levy by ordinance may not receive any benefit from the fund. Renumbered and Amended by Chapter 291, 2026 General Session