Utah Code § 78B-22-452

Current through the 2024 Third Special Session
Section 78B-22-452 - Duties of the office
(1) The office shall:
(a) establish an annual budget for the office 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 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 defense inmate who:
(i) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as classified 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) investigate, audit, and review the provision of indigent defense services to ensure compliance with the commission's core principles for the effective representation of indigent individuals;
(j) administer the Child Welfare Parental Representation Program in accordance with Part 8, Child Welfare Parental Representation Program;
(k) administer the Indigent Aggravated Murder Defense Fund in accordance with Part 7, Indigent Aggravated Murder Defense Fund;
(l) assign an indigent defense service provider to represent an individual prosecuted for aggravated murder in accordance with Part 7, Indigent Aggravated Murder Defense Fund;
(m) 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 core principles by indigent defense systems receiving grants from the commission;
(n) submit recommendations to the commission for improving indigent defense services in the state;
(o) publish an annual report on the commission's website; and
(p) 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.

Utah Code § 78B-22-452

Amended by Chapter TBD, 2024 General Session ,§ 4, eff. 5/1/2024.
Amended by Chapter 228, 2021 General Session ,§ 5, eff. 5/5/2021.
Amended by Chapter 395, 2020 General Session ,§ 19, eff. 5/12/2020, coordination clause.
Added by Chapter 395, 2020 General Session ,§ 11, eff. 5/12/2020.
Amended by Chapter 392, 2020 General Session ,§ 18, eff. 5/12/2020, coordination clause.
Added by Chapter 392, 2020 General Session ,§ 12, eff. 5/12/2020.
Added by Chapter 371, 2020 General Session ,§ 11, eff. 5/12/2020.