Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 170 First Substitute (2020GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates and modifies definitions;
• amends the right to counsel for parties in certain actions;
• amends the powers, duties, and membership of the Utah Indigent Defense Commission;
• creates the Office of Indigent Defense Services;
• creates the powers and duties of the Office of Indigent Defense Services;
• amends provisions related to indigent defense funds;
• creates a reporting requirement for indigent defense systems;
• protects certain records related to the Office of Indigent Defense Services; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INDIGENT DEFENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill amends provisions related to indigent defense.
Highlighted Provisions:
This bill:
▸ creates and modifies definitions;
▸ amends the right to counsel for parties in certain actions;
▸ amends the powers, duties, and membership of the Utah Indigent Defense
Commission;
▸ creates the Office of Indigent Defense Services;
▸ creates the powers and duties of the Office of Indigent Defense Services;
▸ amends provisions related to indigent defense funds;
▸ creates a reporting requirement for indigent defense systems;
▸ protects certain records related to the Office of Indigent Defense Services; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
78A-6-1111
, as last amended by Laws of Utah 2019, Chapter 326
78B-6-112
, as last amended by Laws of Utah 2019, Chapters 136, 326, and 491
78B-22-102
, as enacted by Laws of Utah 2019, Chapter 326
78B-22-201
, as enacted by Laws of Utah 2019, Chapter 326
78B-22-301
, as enacted by Laws of Utah 2019, Chapter 326
78B-22-401
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-402
, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
amended by Laws of Utah 2019, Chapter 326
78B-22-404
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-405
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-406
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-501
, as renumbered and amended by Laws of Utah 2019, Chapter 326
78B-22-502
, as renumbered and amended by Laws of Utah 2019, Chapter 326
ENACTS:
78B-22-451
, Utah Code Annotated 1953
78B-22-452
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78B-22-453
, (Renumbered from 78B-22-403, as renumbered and amended by Laws of
Utah 2019, Chapter 326)
78B-22-454
, (Renumbered from 78B-22-601, as renumbered and amended by Laws of
Utah 2019, Chapter 326)
78B-22-455
, (Renumbered from 78B-22-602, as renumbered and amended by Laws of
Utah 2019, Chapter 326)
Utah Code Sections Affected by Coordination Clause:
78B-22-451
, Utah Code Annotated 1953
78B-22-452
, Utah Code Annotated 1953
78B-22-453
, Renumbered from 78B-22-403, as renumbered and amended by Laws of
Utah 2019, Chapter 326
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-1111
 is amended to read:
78A-6-1111.
Order for indigent defense service or guardian ad litem.
[
(1) A court shall order indigent defense services for a minor, parent, or legal guardian
as provided by Title 78B, Chapter 22, Indigent Defense Act.
]
(1) A court shall order indigent defense services in accordance with Title 78B, Chapter
22, Indigent Defense Act, for a minor, parent, or legal guardian facing an action filed by a
private party or the state under this title.
(2) In any action under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 5,
Termination of Parental Rights Act, the child shall be represented by a guardian ad litem in
accordance with Sections 
78A-6-317
 and 
78A-6-902
. The child shall also be represented by an
attorney guardian ad litem in other actions initiated under this chapter when appointed by the
court under Section 
78A-6-902
 or as otherwise provided by law.
Section 2. Section 
78B-6-112
 is amended to read:
78B-6-112.
District court jurisdiction over termination of parental rights
proceedings.
(1) A district court has jurisdiction to terminate parental rights in a child if the party
who filed the petition is seeking to terminate parental rights in the child for the purpose of
facilitating the adoption of the child.
(2) A petition to terminate parental rights under this section may be:
(a) joined with a proceeding on an adoption petition; or
(b) filed as a separate proceeding before or after a petition to adopt the child is filed.
(3) A court may enter a final order terminating parental rights before a final decree of
adoption is entered.
(4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
proceedings to terminate parental rights as described in Section 
78A-6-103
.
(b) This section does not grant jurisdiction to a district court to terminate parental
rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
neglect, dependency, or termination of parental rights proceeding.
(5) The district court may terminate an individual's parental rights in a child if:
(a) the individual executes a voluntary consent to adoption, or relinquishment for
adoption, of the child, in accordance with:
(i) the requirements of this chapter; or
(ii) the laws of another state or country, if the consent is valid and irrevocable;
(b) the individual is an unmarried biological father who is not entitled to consent to
adoption, or relinquishment for adoption, under Section 
78B-6-120
 or 
78B-6-121
;
(c) the individual:
(i) received notice of the adoption proceeding relating to the child under Section
78B-6-110
; and
(ii) failed to file a motion for relief, under Subsection 
78B-6-110
(6), within 30 days
after the day on which the individual was served with notice of the adoption proceeding;
(d) the court finds, under Section 
78B-15-607
, that the individual is not a parent of the
child; or
(e) the individual's parental rights are terminated on grounds described in Title 78A,
Chapter 6, Part 5, Termination of Parental Rights Act, [
if terminating the individual's parental
rights is
] 
and termination is
 in the best interests of the child.
(6) The court shall appoint an indigent defense service provider[
, under
] 
in accordance
with
 Title 78B, Chapter 22, Indigent Defense Act, to represent [
a party
] 
an individual
 who
faces any action initiated by a private party under Title 78A, Chapter 6, Part 5, Termination of
Parental Rights Act or whose parental rights are subject to termination under this section.
(7) If a county incurs expenses in providing indigent defense services to an indigent
individual facing any action initiated by a private party under Title 78A, Chapter 6, Part 5,
Termination of Parental Rights Act or termination of parental rights under this section, the
county may apply for reimbursement from the Utah Indigent Defense Commission under
Section 
78B-22-406
.
(8) A petition filed under this section is subject to the procedural requirements of this
chapter.
Section 3. Section 
78B-22-102
 is amended to read:
78B-22-102.
Definitions.
As used in this chapter:
(1) "Account" means the Indigent Defense Resources Restricted Account created in
Section 
78B-22-405
.
(2) "Board" means the Indigent Defense Funds Board created in Section 
78B-22-501
.
(3) "Commission" means the Utah Indigent Defense Commission created in Section
78B-22-401
.
(4) "Director" means the director of the Office of Indigent Defense Services, created in
Section 
78B-22-451
, who is appointed in accordance with Section 
78B-22-453
.
[
(4)
] 
(5)
 (a) "Indigent defense resources" means the resources necessary to provide an
effective defense for an indigent individual, including the costs for a competent investigator,
expert witness, scientific or medical testing, transcripts, and printing briefs.
(b) "Indigent defense resources" does not include an indigent defense service provider.
[
(5)
] 
(6)
 "Indigent defense service provider" means an attorney or entity appointed to
represent an indigent individual pursuant to:
(a) a contract with an indigent defense system to provide indigent defense services; or
(b) an order issued by the court under Subsection 
78B-22-203
(2)(a).
[
(6)
] 
(7)
 "Indigent defense services" means:
(a) the representation of an indigent individual by an indigent defense service provider;
and
(b) the provision of indigent defense resources for an indigent individual.
[
(7)
] 
(8)
 "Indigent defense system" means:
(a) a city or town that is responsible for providing indigent defense services [
in the
city's or town's justice court
];
(b) a county that is responsible for providing indigent defense services in the district
court, juvenile court, [
or
] 
and
 the county's justice courts; or
(c) an interlocal entity, created pursuant to Title 11, Chapter 13, Interlocal Cooperation
Act, that is responsible for providing indigent defense services according to the terms of an
agreement between a county, city, or town.
[
(8)
] 
(9)
 "Indigent individual" means:
(a) a minor who is:
(i) arrested and admitted into detention for an offense under Section 
78A-6-103
;
(ii) charged by petition or information in the juvenile or district court; or
(iii) described in this Subsection [
(8)
] 
(9)
(a), who is appealing [
a first appeal from
] an
adjudication or other final court action; and
(b) an individual listed in Subsection 
78B-22-201
(1) who is found indigent pursuant to
Section 
78B-22-202
.
[
(9)
] 
(10)
 "Minor" means the same as that term is defined in Section 
78A-6-105
.
(11) "Office" means the Office of Indigent Defense Services created in Section
78B-22-451
.
[
(10)
] 
(12)
 "Participating county" means a county that complies with this chapter for
participation in the Indigent Aggravated Murder Defense Trust Fund as provided in Sections
78B-22-702
 and 
78B-22-703
.
Section 4. Section 
78B-22-201
 is amended to read:
78B-22-201.
Right to counsel.
(1) A court shall advise the following of the individual's right to counsel when the
individual first appears before the court:
(a) an adult charged with a criminal offense the penalty for which includes the
possibility of incarceration regardless of whether actually imposed;
(b) a parent or legal guardian facing [
any
] 
an
 action 
initiated by the state
 under:
(i) Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;
(ii) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; 
or
(iii) Title 78A, Chapter 6, Part 10, Adult Offenses; [
or
]
[
(iv) Section 
78B-6-112
; or
]
(c) a parent or legal guardian facing an action initiated by any party under:
(i) Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; or
(ii) Section 
78B-6-112
; or
[
(c)
] 
(d)
 an individual described in this Subsection (1), who is appealing [
a first appeal
from
] a conviction or other final court action.
(2) If an individual described in Subsection (1) does not knowingly and voluntarily
waive the right to counsel, the court shall determine whether the individual is indigent under
Section 
78B-22-202
.
Section 5. Section 
78B-22-301
 is amended to read:
78B-22-301.
Standards for indigent defense systems -- Written report.
(1)
 An indigent defense system shall provide indigent defense services for an indigent
individual in accordance with the [
minimum guidelines
] 
core principles
 adopted by the
commission under Section 
78B-22-404
.
(2) (a) On or before March 30 of each year, all indigent defense systems shall submit a
written report to the commission that describes each indigent defense system's compliance with
the commission's core principles.
(b) If an indigent defense system fails to submit a timely report under Subsection
(2)(a), the indigent defense system is disqualified from receiving a grant from the commission
for the following calendar year.
Section 6. Section 
78B-22-401
 is amended to read:
78B-22-401.
Utah Indigent Defense Commission -- Creation -- Purpose.
(1) There is created 
the Utah Indigent Defense Commission
 within the State
Commission on Criminal and Juvenile Justice [
the "Utah Indigent Defense Commission."
]
.
(2) The purpose of the commission is to assist
:
(a)
 the state in meeting the state's obligations for the provision of indigent defense
services, consistent with the United States Constitution, the Utah Constitution, and the Utah
Code[
.
]
; and
(b) the Office of Indigent Defense Services, created in Section 
78A-22-451
, with
carrying out the statutory duties assigned to the commission and the Office of Indigent Defense
Services.
Section 7. Section 
78B-22-402
 is amended to read:
78B-22-402.
Commission members -- Member qualifications -- Terms -- Vacancy.
(1) The commission is composed of 15 [
voting
] members [
and one ex officio,
nonvoting member
].
(a) The governor, with the consent of the Senate, shall appoint the following [
voting
] 
 members:
(i) two practicing criminal defense attorneys recommended by the Utah Association of
Criminal Defense Lawyers;
(ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
Association of Criminal Defense Lawyers;
(iii) one attorney practicing in the area of parental defense, recommended by an entity
funded under the Child Welfare Parental Defense Program created in Section 
63M-7-211
;
[
(iii)
] 
(iv)
 [
an
] 
one
 attorney representing minority interests recommended by the Utah
Minority Bar Association;
[
(iv)
] 
(v)
 one member recommended by the Utah Association of Counties from a
county of the first or second class;
[
(v)
] 
(vi)
 one member recommended by the Utah Association of Counties from a
county of the third through sixth class;
[
(vi)
] 
(vii)
 a director of a county public defender organization recommended by the
Utah Association of Criminal Defense Lawyers;
[
(vii)
] 
(viii)
 two members recommended by the Utah League of Cities and Towns from
its membership; 
and
[
(viii)
] 
(ix)
 [
a
] 
one
 retired judge recommended by the Judicial Council[
;
]
.
[
(ix) one attorney practicing in the area of parental defense, recommended by an entity
funded under the Child Welfare Parental Defense Program created in Section 
63M-7-211
; and
] 
[
(x)
] 
(b) The speaker of the House of Representatives and the president of the Senate
shall appoint
 two members of the Utah Legislature, one from the House of Representatives and
one from the Senate[
, selected jointly by the Speaker of the House and President of the Senate
].
[
(b)
] 
(c)
 The Judicial Council shall appoint a [
voting
] member from the Administrative
Office of the Courts.
[
(c)
] 
(d)
 The executive director of the State Commission on Criminal and Juvenile
Justice or the executive director's designee is a [
voting
] member of the commission.
[
(d) The director of the commission, appointed under Section 
78B-22-403
, is an ex
officio, nonvoting member of the commission.
]
(2) A member appointed by the governor shall serve a four-year term, except as
provided in Subsection (3).
(3) The governor shall stagger the initial terms of appointees so that approximately half
of the members appointed by the governor are appointed every two years.
(4) A member appointed to the commission shall have significant experience in
indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
have otherwise demonstrated a strong commitment to providing effective representation in
indigent defense services.
(5) A person who is currently employed solely as a criminal prosecuting attorney may
not serve as a member of the commission .
(6) A commission member shall hold office until the member's successor is appointed.
(7) The commission may remove a member for incompetence, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
(8) If a vacancy occurs in the membership for any reason, a replacement shall be
appointed for the remaining unexpired term in the same manner as the original appointment.
(9) The commission shall [
annually
] elect 
annually
 a chair from the commission's
membership to serve a one-year term. A commission member may not serve as chair of the
commission for more than three consecutive terms.
(10) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance [
pursuant to
] 
in accordance with
 Sections
63A-3-106
 and 
63A-3-107
.
(11) (a) A majority of the members of the commission constitutes a quorum.
(b) If a quorum is present, the action of a majority of the voting members present
constitutes the action of the commission.
Section 8. Section 
78B-22-404
 is amended to read:
78B-22-404.
Powers and duties of the commission.
(1) The commission shall:
(a) adopt [
minimum guidelines
] 
core principles
 for an indigent defense system to
ensure the effective representation of indigent individuals consistent with the requirements of
the United States Constitution, the Utah Constitution, and the Utah Code, which [
guidelines
]
principles
 at a minimum shall address the following:
(i) an indigent defense system shall ensure that in providing indigent defense services:
(A) an indigent individual receives conflict-free indigent defense services; and
(B) there is a separate contract for each type of indigent defense service; and
(ii) an indigent defense system shall ensure an indigent defense service provider has:
(A) the ability to exercise independent judgment without fear of retaliation and is free
to represent an indigent individual based on the indigent defense service provider's own
independent judgment;
(B) adequate access to indigent defense resources;
(C) the ability to provide representation to accused individuals in criminal cases at the
critical stages 
of proceedings
, and at [
the
] 
all
 stages to indigent individuals in juvenile
delinquency and child welfare proceedings;
(D) a workload that allows for sufficient time to meet with clients, investigate cases,
file appropriate documents with the courts, and otherwise provide effective assistance of
counsel to each client;
(E) adequate compensation without financial disincentives;
(F) appropriate experience or training in the area for which the indigent defense service
provider is representing indigent individuals;
(G) compensation for legal training and education in the areas of the law relevant to the
types of cases for which the indigent defense service provider is representing indigent
individuals; and
(H) the ability to meet the obligations of the Utah Rules of Professional Conduct,
including expectations on client communications and managing conflicts of interest;
(b) encourage and aid indigent defense systems in the state in the regionalization of
indigent defense services to provide for effective and efficient representation to the indigent
individuals;
[
(c) identify and collect data from any source, which is necessary for the commission
to:
]
[
(i) aid, oversee, and review compliance by indigent defense systems with the
commission's minimum guidelines for the effective representation of indigent individuals; and
]
[
(ii) provide reports regarding the operation of the commission and the provision of
indigent defense services by indigent defense systems in the state;
]
[
(d) assist indigent defense systems by reviewing contracts and other agreements, to
ensure compliance with the commission's minimum guidelines for effective representation of
indigent individuals;
]
[
(e) investigate, audit, and review the provision of indigent defense services to ensure
compliance with the commission's minimum guidelines for the effective representation of
indigent individuals;
]
[
(f) establish procedures for the receipt and acceptance of complaints regarding the
provision of indigent defense services in the state;
]
[
(g) establish procedures to award grants to indigent defense systems under Section
78B-22-406
 consistent with the commission's minimum guidelines for the effective
representation of indigent individuals and appropriations by the state;
]
[
(h)
] 
(c)
 emphasize the importance of ensuring constitutionally effective indigent
defense services;
[
(i)
] 
(d)
 encourage members of the judiciary to provide input regarding the delivery of
indigent defense services; 
and
[
(j)
] 
(e)
 oversee individuals and entities involved in providing indigent defense
services[
;
]
.
[
(k) annually report to the governor, Legislature, Judiciary Interim Committee, and
Judicial Council, regarding:
]
[
(i) the operations of the commission;
]
[
(ii) the operations of the indigent defense systems in the state; and
]
[
(iii) compliance with the commission's minimum guidelines by indigent defense
systems receiving grants from the commission;
]
[
(l) submit recommendations for improving indigent defense services in the state, to
legislative, executive, and judicial leadership; and
]
[
(m) publish an annual report on the commission's website.
]
(2) The commission may
:
(a)
 make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to carry out the commission's duties under this part[
.
]
;
(b) assign duties related to indigent defense services to the office to assist the
commission with the commission's statutory duties; and
(c) request supplemental appropriations from the Legislature to address a deficit in the
Indigent Inmate Trust Fund created in Section 
78B-22-455
.
Section 9. Section 
78B-22-405
 is amended to read:
78B-22-405.
Indigent Defense Resources Restricted Account -- Administration.
(1) (a) There is created within the General Fund a restricted account known as the
"Indigent Defense Resources Restricted Account."
(b) Appropriations from the account are nonlapsing.
(2) The account consists of:
(a) money appropriated by the Legislature based upon recommendations from the
commission consistent with principles of shared state and local funding;
(b) any other money received by the commission from any source to carry out the
purposes of this part; and
(c) any interest and earnings from the investment of account money.
(3) The commission shall administer the account and, subject to appropriation,
disburse money from the account for the following purposes:
(a) to establish and maintain a statewide indigent defense data collection system;
(b) to establish and administer a grant program to provide grants of state money 
and
other money
 to indigent defense systems as set forth in Section 
78B-22-406
;
(c) to provide training and continuing legal education for indigent defense service
providers; and
(d) for administrative costs.
Section 10. Section 
78B-22-406
 is amended to read:
78B-22-406.
Indigent defense services grant program.
(1) The commission may award grants to supplement local spending by an indigent
defense system for indigent defense[
.
] 
services.
[
(2) Commission grant money may be used for the following expenses:
]
(2) The commission may use grant money:
(a) to assist an indigent defense system to provide indigent defense services that meet
the commission's [
minimum guidelines
] 
core principles
 for the effective representation of
indigent individuals;
(b) [
the establishment and maintenance of
] 
to establish and maintain
 local indigent
defense data collection systems;
(c) 
to provide
 indigent defense services in addition to [
those
] 
indigent defense services
that are
 currently being provided by an indigent defense system; [
and
]
(d) to provide training and continuing legal education for indigent defense service
providers[
.
]
; and
(e) to reimburse an indigent defense system for the cost of providing indigent defense
services in an action initiated by a private party under Title 78A, Chapter 6, Part 5, Termination
of Parental Rights, if the indigent defense system has complied with the commission's policies
and procedures for reimbursement.
(3) To receive a grant from the commission, an indigent defense system shall
demonstrate to the commission's satisfaction that:
(a) the indigent defense system has incurred or reasonably anticipates incurring
expenses for indigent defense services that are in addition to the indigent defense system's
average annual spending on indigent defense services in the three fiscal years immediately
preceding the grant application; and
(b) a grant from the commission is necessary for the indigent defense system to meet
the commission's [
minimum guidelines
] 
core principles
 for the effective representation of
indigent individuals.
(4) The commission may revoke a grant if an indigent defense system fails to meet
requirements of the grant or any of the commission's [
minimum guidelines
] 
core principles
 for
the effective representation of indigent individuals.
Section 11. Section 
78B-22-451
 is enacted to read:
Part 4a. Office of Indigent Defense Services
 78B-22-451.
Office of Indigent Defense Services -- Creation.
There is created the Office of Indigent Defense Services within the State Commission
of Criminal and Juvenile Justice.
Section 12. Section 
78B-22-452
 is enacted to read:
 78B-22-452.
Duties of the office.
(1) The office shall:
(a) establish an annual budget for the Indigent Defense Resources Restricted
Account created in Section 
78B-22-405
;
(b) assist the commission in performing the commission's statutory duties described in
this chapter;
(c) identify and collect data that is necessary for the commission to:
(i) aid, oversee, and review compliance by indigent defense systems with the
commission's core principles for the effective representation of indigent individuals; and
(ii) provide reports regarding the operation of the commission and the provision of
indigent defense services by indigent defense systems in the state;
(d) assist indigent defense systems by reviewing contracts, and other agreements, to
ensure compliance with the commission's core principles for the effective representation of
indigent individuals;
(e) establish procedures for the receipt and acceptance of complaints regarding the
provision of indigent defense services in the state;
(f) establish procedures to award grants to indigent defense systems under Section
78B-22-406
 that are consistent with the commission's core principles;
(g) create and enter into contracts consistent with Section 
78B-22-454
 to provide
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 defined in Section 
17-50-501
;
(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
;
(h) assist the commission in developing and reviewing advisory caseload guidelines
and procedures;
(i) annually report to the governor, Legislature, Judiciary Interim Committee, and
Judicial Council, regarding:
(A) the operations of the commission;
(B) the operations of the indigent defense systems in the state; and
(C) compliance with the commission's core principles by indigent defense systems
receiving grants from the commission;
(j) submit recommendations to the commission for improving indigent defense services
in the state;
(k) publish an annual report on the commission's website; and
(l) perform all other duties assigned by the commission related to indigent defense
services.
(2) The office may enter into contracts and accept, allocate, and administer funds and
grants from any public or private person to accomplish the duties of the office.
(3) Any contract entered into under this part shall require that indigent defense services
are provided in a manner consistent with the commission's core principles implemented under
Section 
78B-22-404
.
Section 13. Section 
78B-22-453
, which is renumbered from Section 78B-22-403 is
renumbered and amended to read:
[
78B-22-403
].
 78B-22-453.
Director -- Qualifications -- Staff.
[
(1) The commission shall appoint a director to carry out the following duties:
]
[
(a) establish an annual budget;
]
[
(b) assist the commission in performing the commission's statutory duties;
]
[
(c) assist the commission in developing and regularly reviewing advisory caseload
guidelines and procedures; and
]
[
(d) perform all other duties as assigned.
]
(1) The executive director of the State Commission on Criminal and Juvenile Justice
shall appoint a director to carry out the duties of the office described in Section 
78B-22-452
.
(2) The director shall be an active member of the Utah State Bar with an appropriate
background and experience to serve as the full-time director.
(3) The director shall hire staff as necessary to carry out the duties of the [
commission
]
office described in Section 
78B-22-452
, including:
(a) one individual who is an active member of the Utah State Bar to serve as a full-time
assistant director; and
(b) one individual with data collection and analysis skills [
to carry out duties as
outlined in Subsection 
78B-22-404
(1)(c)
].
(4) When appointing the director of the office under Subsection (1), the executive
director of the State Commission on Criminal and Juvenile Justice shall give preference to an
individual with experience in adult criminal defense, child welfare parental defense, or juvenile
delinquency defense.
[
(4) The commission in appointing the director, and the director in hiring the assistant
director, shall give a preference to individuals
]
(5) When hiring the assistant director, the director shall give preference to an
individual
 with experience in adult criminal defense, child welfare parental defense, or juvenile
delinquency defense.
Section 14. Section 
78B-22-454
, which is renumbered from Section 78B-22-601 is
renumbered and amended to read:
[
78B-22-601
].
 78B-22-454.
Defense of indigent inmates.
[
(1) The board shall enter into contracts to provide indigent defense services for an
indigent inmate who:
]
[
(a) 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
;
]
[
(b) is charged with having committed a crime within that state prison; and
]
[
(c) will require defense counsel.
]
[
(2) Payment for indigent defense services shall be made from the Indigent Inmate
Trust Fund as provided in Section 
78B-22-602
.
]
(1) The office shall pay for indigent defense services for indigent inmates from the
Indigent Inmate Trust Fund created in Section 
78B-22-455
.
[
(3)
] 
(2)
 A contract under this part shall ensure that indigent defense services are
provided in a manner consistent with [
the minimum guidelines
] 
the core principles
 described in
Section [
78B-22-301
] 
78B-22-404
.
[
(4)
] 
(3)
 The county attorney or district attorney of a county of the third, fourth, fifth, or
sixth class shall function as the prosecuting entity.
[
(5)
] 
(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 [
money
] 
revenue
 shall be deposited into the Indigent Inmate Trust Fund as provided in
Section [
78B-22-602
] 
78B-22-455
 to fund the purposes of this part.
(c) Upon notification that the fund has reached the amount specified in Subsection
[
78B-22-602
] 
78B-22-455
(6), a county shall deposit [
money
] 
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 Indigent Inmate Trust Fund.
Section 15. Section 
78B-22-455
, which is renumbered from Section 78B-22-602 is
renumbered and amended to read:
[
78B-22-602
].
 78B-22-455.
Indigent Inmate Trust Fund.
(1) There is created a private-purpose trust fund known as the "Indigent Inmate Trust
Fund" to be disbursed by the [
Division of Finance at the direction of the board and in
accordance with contracts made under Section 
78B-22-502
] 
office in accordance with contracts
entered into under Subsection 
78B-22-452
(1)(g)
.
(2) Money deposited into this trust 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 defined in Section 
17-50-501
 [
who
]
;
(ii)
 is charged with having committed a crime within [
the
] 
that
 state prison[
, and who
will require indigent defense services
]; 
and
(iii) has been appointed counsel in accordance with Section 
78B-22-203
;
 and
[
(b) for administrative costs pursuant to Section 
78B-22-501
.
]
(b) to cover costs of administering the Indigent Inmate Trust Fund.
(3) The trust fund consists of:
(a) proceeds received from counties that impose the additional tax levy by ordinance
under Subsection [
78B-22-601
] 
78B-22-454
(5), 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 [
runs a deficit
] 
has insufficient funding
,
or is projected to [
run a deficit, the board
] 
have insufficient funding, the commission
 shall
request a supplemental appropriation from the Legislature in the following general session to
[
pay for the deficit
] 
provide sufficient funding
.
(b)
 The state shall pay any or all of the reasonable and necessary money [
for the deficit
]
to provide sufficient funding
 into the Indigent Inmate Trust Fund.
(6) The fund is capped at $1,000,000.
(7) The [
Division of Finance
] 
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 [
Division of Finance
] 
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 [
Division of Finance
]
office
 that the balance has fallen below $1,000,000, at which time counties that meet the
requirements of Section [
78B-22-601
] 
78B-22-454
 shall resume contributions.
Section 16. Section 
78B-22-501
 is amended to read:
78B-22-501.
Indigent Defense Funds Board -- Members -- Administrative
support.
(1) As used in this part, "fund" means the Indigent Aggravated Murder Defense Trust
Fund created in Section 
78B-22-701
.
[
(1)
] 
(2)
 There is created 
the Indigent Defense Funds Board
 within the Division of
Finance [
the Indigent Defense Funds Board
]
.
(3) The board is
 composed of the following nine members:
(a) two members who are current commissioners or county executives of participating
counties appointed by the board of directors of the Utah Association of Counties;
(b) one member at large appointed by the board of directors of the Utah Association of
Counties;
(c) two members who are current county attorneys of participating counties appointed
by the Utah Prosecution Council;
(d) the director of the Division of Finance or the director's designee;
(e) one member appointed by the Administrative Office of the Courts; and
(f) two members who are private attorneys engaged in or familiar with the criminal
defense practice appointed by the members of the board listed in Subsections [
(1)
] 
(3)
(a)
through (e).
[
(2)
] 
(4)
 Members appointed under Subsection [
(1)
] 
(3)
(a), (b), (c), or (f) shall serve
four-year terms.
[
(3)
] 
(5)
 A vacancy is created if a member appointed under:
(a) Subsection [
(1)
] 
(3)
(a) no longer serves as a county commissioner or county
executive; or
(b) Subsection [
(1)
] 
(3)
(c) no longer serves as a county attorney.
[
(4)
] 
(6)
 If a vacancy occurs in the membership for any reason, a replacement shall be
appointed for the remaining unexpired term in the same manner as the original appointment.
[
(5)
] 
(7)
 The Division of Finance may provide administrative support and may seek
payment for the costs or the board may contract for administrative support to be paid from the
[
funds described in Subsection 
78B-22-502
(1)(a)
] 
fund
.
[
(6)
] 
(8)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
[
(7) Per diem and expenses for board members shall be paid from the funds described
in Subsection 
78B-22-502
(1)(a).
]
(9) The fund shall pay per diem and expenses for board members.
[
(8)
] 
(10)
 Five members shall constitute a quorum and, if a quorum is present, the
action of a majority of the members present shall constitute the action of the board.
Section 17. Section 
78B-22-502
 is amended to read:
78B-22-502.
Duties of board.
(1) The board shall:
(a) establish rules and procedures for the application by a county for disbursements,
and the screening and approval of the applications for money from the[
:
] 
fund;
[
(i) Indigent Inmate Trust Fund established in Part 6, Indigent Inmates; and
]
[
(ii) Indigent Aggravated Murder Defense Trust Fund, established in Part 7, Indigent
Aggravated Murder Defense Trust Fund;
]
(b) receive, screen, and approve, or disapprove the application of a county for
disbursements from [
a fund described in Subsection (1)(a)
] 
the fund
;
(c) calculate the amount of the annual contribution to be made to the fund [
described in
Subsection (1)(a)(ii)
] by each participating county;
(d) prescribe forms for the application for money from [
a fund described in Subsection
(1)(a)
] 
the fund
;
(e) oversee and approve the disbursement of money from [
a fund described in
Subsection (1)(a) as provided in Sections 
78B-22-602
 and 
78B-22-701
] 
the fund as described
in Section 
78B-22-701
;
(f) establish the board's own rules of procedure, elect the board's own officers, and
appoint committees of the board's members and other people as may be reasonable and
necessary; and
(g) negotiate, enter into, and administer contracts with legal counsel, qualified under
and meeting the standards consistent with this chapter, to provide indigent defense services to[
:
(i)
] an indigent individual prosecuted in a participating county for an offense involving
aggravated murder[
; and
]
.
[
(ii) an indigent inmate who is incarcerated in a county described in Section
78B-22-601
.
]
(2) The board may provide to the court a list of attorneys qualified under Utah Rules of
Criminal Procedure, Rule 8, with which the board has a preliminary contract to provide
indigent defense services for an assigned rate.
Section 18. 
 Coordinating S.B. 170 with S.B. 139 -- Substantive and technical
amendments.
If this S.B. 170 and S.B. 139, Amendments to Indigent Defense, both pass and become
law, it is the intent of the Legislature that the Office of Legislative Research and General
Counsel shall prepare the Utah Code database for publication as follows:
(1) the amendments to Section 
78B-22-451
 in this bill supersede the amendments to
Section 
78B-22-451
 in S.B. 139;
(2) the amendments to Section 
78B-22-452
 in this bill supersede the amendments to
Section 
78B-22-452
 in S.B. 139; and
(3) the amendments to Section 
78B-22-403
, renumbered and amended by this bill to
Section 
78B-22-453
, supersede the amendments to Section 
78B-22-403
, renumbered and
amended by S.B. 139.