75E-10-704. County participation in the Youth Defense Fund.
(1) A county may participate in the fund in accordance with the provisions of this section.
(2) A county that does not participate in the fund, or is not current in the county's assessments for the fund, is ineligible to receive indigent defense services provided for by the fund.
(3) The commission may revoke a county's participation in the fund if the county fails to pay the county's assessments when the assessments are due.
(4) To participate in the fund, the legislative body of a county shall:
(a) adopt a resolution that approves participation in the fund and commits the county to fulfilling the assessment requirements; and
(b) submit a certified copy of that resolution together with an application to the commission.
(5) On or before January 15 of each year, a participating county shall contribute to the fund an amount determined by the office.
(6) A participating county may withdraw from participation in the fund upon:
(a) adoption by the county's legislative body of a resolution to withdraw; and
(b) notice to the commission on or before January 1 of the year in which the county intends to withdraw.
(7) A county withdrawing from participation in the fund, or whose participation in the fund has been revoked for failure to pay the county's assessments when the assessments are due, shall forfeit the right to:
(a) any previously paid assessment;
(b) relief from the county's obligation to pay the county's assessment during the period of the county's participation in the fund; and
(c) any benefit from the fund, including reimbursement of costs that accrued after the last day of the period for which the county has paid the county's assessment.
(8)
(a) If the fund runs a deficit during a calendar year, the state is responsible for the deficit.
(b) In the calendar year following a deficit year, the office shall increase the amount of the annual assessment that is required for participation in the fund by an amount at least equal to the deficit of the previous calendar year.
(c) In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the office shall request a supplemental appropriation to pay for the deficit from the Legislature in the following general session.
(d) The state shall pay any or all of the reasonable and necessary money for the deficit into the fund.
Renumbered and Amended by Chapter 291, 2026 General Session
