02-27 15:27 3rd Sub. (Ivory) S.B. 171
Anthony E. Loubet proposes the following substitute bill:
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Indigent Defense Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Tyler Clancy
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LONG TITLE
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General Description:
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This bill addresses indigent defense.
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Highlighted Provisions:
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This bill:
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▸ creates the Youth Defense Fund to pay for indigent defense services for a minor referred
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to the juvenile court for an offense;
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▸ requires the Utah Indigent Defense Commission to establish the rules and procedures for
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an application by a county seeking to participate in the Youth Defense Fund;
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▸ requires certain administrative duties from the Office of Indigent Defense Services with
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regard to the Youth Defense Fund; and
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▸ addresses county participation in the Youth Defense Fund.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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78B-22-1101, Utah Code Annotated 1953
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78B-22-1102, Utah Code Annotated 1953
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78B-22-1103, Utah Code Annotated 1953
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78B-22-1104, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-22-1101 is enacted to read:
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Part 11. Youth Defense Fund
3rd Sub. S.B. 171 3rd Sub. (Ivory) S.B. 171 02-27 15:27
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78B-22-1101 . Definitions for part.
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As used in this part:
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(1) "Fund" means the Youth Defense Fund created in Section 78B-22-1102.
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(2) "Participating county" means a county that complies with this part for participation in
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the fund.
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Section 2. Section 78B-22-1102 is enacted to read:
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78B-22-1102 . Establishment of Youth Defense Fund -- Use of fund --
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Compensation from fund.
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(1) There is established a custodial fund known as the Youth Defense Fund.
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(2) The fund consists of:
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(a) money received from participating counties as described in Section 78B-22-1104;
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(b) appropriations made to the fund by the Legislature as described in Subsection
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78B-22-1104(8); and
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(c) interest and earnings from the investment of fund money.
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(3) The state treasurer shall invest fund money with the earnings and interest accruing to the
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fund.
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(4) The fund shall be used to fulfill the constitutional and statutory mandates for the
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provision of constitutionally effective defense for juveniles referred to the juvenile court.
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(5) Money allocated to or deposited into the fund is used only:
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(a) to pay an indigent defense service provider appointed to represent a minor referred to
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the juvenile court;
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(b) for defense resources necessary to effectively represent the minor; and
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(c) for costs associated with the management of the fund and indigent defense service
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providers.
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Section 3. Section 78B-22-1103 is enacted to read:
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78B-22-1103 . Administration of Youth Defense Fund.
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(1) The commission shall establish rules and procedures for the application by a county for
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participation in the fund.
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(2) The office shall:
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(a) receive, screen, and approve or disapprove the application of a county seeking to
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participate in the fund;
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(b) calculate the amount of the annual contribution to be made to the fund by each
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participating county;
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(c) oversee and approve disbursement of money from the fund; and
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(d) negotiate, enter into, and administer a contract with an attorney or entity to provide
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indigent defense services to a minor referred to the juvenile court in a participating
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county if the attorney or entity:
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(i) is qualified to provide indigent defense services under this chapter; and
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(ii) meets the standards consistent for providing indigent defense services under this
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chapter.
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Section 4. Section 78B-22-1104 is enacted to read:
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78B-22-1104 . County participation in the Youth Defense Fund.
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(1) A county may participate in the fund in accordance with the provisions of this section.
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(2) A county that does not participate in the fund, or is not current in the county's
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assessments for the fund, is ineligible to receive indigent defense services provided for
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by the fund.
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(3) The commission may revoke a county's participation in the fund if the county fails to
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pay the county's assessments when the assessments are due.
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(4) To participate in the fund, the legislative body of a county shall:
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(a) adopt a resolution that approves participation in the fund and commits the county to
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fulfilling the assessment requirements; and
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(b) submit a certified copy of that resolution together with an application to the
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commission.
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(5) On or before January 15 of each year, a participating county shall contribute to the fund
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an amount determined by the office.
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(6) A participating county may withdraw from participation in the fund upon:
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(a) adoption by the county's legislative body of a resolution to withdraw; and
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(b) notice to the commission on or before January 1 of the year in which the county
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intends to withdraw.
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(7) A county withdrawing from participation in the fund, or whose participation in the fund
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has been revoked for failure to pay the county's assessments when the assessments are
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due, shall forfeit the right to:
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(a) any previously paid assessment;
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(b) relief from the county's obligation to pay the county's assessment during the period
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of the county's participation in the fund; and
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(c) any benefit from the fund, including reimbursement of costs that accrued after the
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last day of the period for which the county has paid the county's assessment.
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(8)(a) If the fund runs a deficit during a calendar year, the state is responsible for the
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deficit.
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(b) In the calendar year following a deficit year, the office shall increase the amount of
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the annual assessment that is required for participation in the fund by an amount at
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least equal to the deficit of the previous calendar year.
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(c) In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the
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office shall request a supplemental appropriation to pay for the deficit from the
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Legislature in the following general session.
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(d) The state shall pay any or all of the reasonable and necessary money for the deficit
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into the fund.
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Section 5. Effective Date.
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This bill takes effect on May 7, 2025.
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