§ 77-32-501. Contracts for defense of indigent inmates -- Qualifications -- Prosecutorial duties.

(1) The board shall enter into contracts with qualified legal defense counsel to provide defense counsel services for an indigent inmate who is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as defined in Section 17-50-501, is charged with having committed a crime within that facility, and will require defense counsel.

(2) Payment for the representation, costs, and expenses of legal defense counsel shall be made from the Indigent Inmate Trust Fund as provided in Section 77-32-502.

(3) The defense counsel shall maintain the minimum qualifications as provided in Section 77-32-301.

(4) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth class shall function as the prosecuting entity.

(5)

(a) The county of the third, fourth, fifth, or sixth class where a state prison is located may impose an additional tax levy by ordinance at .0001 per dollar of taxable value in the county.

(b) If the county governing body imposes the additional tax levy by ordinance, the money shall be deposited in the Indigent Inmate Trust Fund as provided in Section 77-32-502 to fund the purposes of this section.

(c) Upon notification that the fund has reached the amount specified in Subsection 77-32-502(6), the county shall deposit money derived from the levy into a county account used exclusively to provide defense counsel and defense related services for indigent defendants.

(d) A county that chooses not to impose the additional levy by ordinance may not receive any benefit from the Indigent Inmate Trust fund.

Amended by Chapter 80, 2009 General Session