Utah 2025 Regular Session

Utah Senate Bill SB0171 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 171
	1	+	02-27 15:27 3rd Sub. (Ivory) S.B. 171
	2	+	Anthony E. Loubet proposes the following substitute bill:
2	3		1
3	4		Indigent Defense Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Todd Weiler
7	8		House Sponsor: Tyler Clancy
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses indigent defense.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ creates the Youth Defense Fund to pay for indigent defense services for a minor referred
22	23		9
23	24		to the juvenile court for an offense;
24	25		10
25	26		▸ requires the Utah Indigent Defense Commission to establish the rules and procedures for
26	27		11
27	28		an application by a county seeking to participate in the Youth Defense Fund;
28	29		12
29	30		▸ requires certain administrative duties from the Office of Indigent Defense Services with
30	31		13
31	32		regard to the Youth Defense Fund; and
32	33		14
33	34		▸ addresses county participation in the Youth Defense Fund.
34	35		15
35	36		Money Appropriated in this Bill:
36	37		16
37	38		None
38	39		17
39	40		Other Special Clauses:
40	41		18
41	42		None
42	43		19
43	44		Utah Code Sections Affected:
44	45		20
45	46		ENACTS:
46	47		21
47	48		78B-22-1101, Utah Code Annotated 1953
48	49		22
49	50		78B-22-1102, Utah Code Annotated 1953
50	51		23
51	52		78B-22-1103, Utah Code Annotated 1953
52	53		24
53	54		78B-22-1104, Utah Code Annotated 1953
54	55		25
55	56
56	57		26
57	58		Be it enacted by the Legislature of the state of Utah:
58	59		27
59		-	Section 1. Section 78B-22-1101 is enacted to read: ~~S.B. 171 Enrolled Copy~~
	60	+	Section 1. Section 78B-22-1101 is enacted to read:
60	61		28
61	62
62	63		Part 11. Youth Defense Fund
	64	+	3rd Sub. S.B. 171 3rd Sub. (Ivory) S.B. 171 02-27 15:27
63	65		29
64	66		78B-22-1101 . Definitions for part.
65	67		30
66	68		As used in this part:
67	69		31
68	70		(1) "Fund" means the Youth Defense Fund created in Section 78B-22-1102.
69	71		32
70	72		(2) "Participating county" means a county that complies with this part for participation in
71	73		33
72	74		the fund.
73	75		34
74	76		Section 2. Section 78B-22-1102 is enacted to read:
75	77		35
76	78		78B-22-1102 . Establishment of Youth Defense Fund -- Use of fund --
77	79		36
78	80		Compensation from fund.
79	81		37
80	82		(1) There is established a custodial fund known as the Youth Defense Fund.
81	83		38
82	84		(2) The fund consists of:
83	85		39
84	86		(a) money received from participating counties as described in Section 78B-22-1104;
85	87		40
86	88		(b) appropriations made to the fund by the Legislature as described in Subsection
87	89		41
88	90		78B-22-1104(8); and
89	91		42
90	92		(c) interest and earnings from the investment of fund money.
91	93		43
92	94		(3) The state treasurer shall invest fund money with the earnings and interest accruing to the
93	95		44
94	96		fund.
95	97		45
96	98		(4) The fund shall be used to fulfill the constitutional and statutory mandates for the
97	99		46
98	100		provision of constitutionally effective defense for juveniles referred to the juvenile court.
99	101		47
100	102		(5) Money allocated to or deposited into the fund is used only:
101	103		48
102	104		(a) to pay an indigent defense service provider appointed to represent a minor referred to
103	105		49
104	106		the juvenile court;
105	107		50
106	108		(b) for defense resources necessary to effectively represent the minor; and
107	109		51
108	110		(c) for costs associated with the management of the fund and indigent defense service
109	111		52
110	112		providers.
111	113		53
112	114		Section 3. Section 78B-22-1103 is enacted to read:
113	115		54
114	116		78B-22-1103 . Administration of Youth Defense Fund.
115	117		55
116	118		(1) The commission shall establish rules and procedures for the application by a county for
117	119		56
118	120		participation in the fund.
119	121		57
120	122		(2) The office shall:
121	123		58
122	124		(a) receive, screen, and approve or disapprove the application of a county seeking to
123	125		59
124	126		participate in the fund;
125	127		60
126	128		(b) calculate the amount of the annual contribution to be made to the fund by each
127	129		61
128	130		participating county;
129		-	- 2 - Enrolled Copy S.B. 171
130	131		62
131	132		(c) oversee and approve disbursement of money from the fund; and
	133	+	- 2 - 02-27 15:27 3rd Sub. (Ivory) S.B. 171
132	134		63
133	135		(d) negotiate, enter into, and administer a contract with an attorney or entity to provide
134	136		64
135	137		indigent defense services to a minor referred to the juvenile court in a participating
136	138		65
137	139		county if the attorney or entity:
138	140		66
139	141		(i) is qualified to provide indigent defense services under this chapter; and
140	142		67
141	143		(ii) meets the standards consistent for providing indigent defense services under this
142	144		68
143	145		chapter.
144	146		69
145	147		Section 4. Section 78B-22-1104 is enacted to read:
146	148		70
147	149		78B-22-1104 . County participation in the Youth Defense Fund.
148	150		71
149	151		(1) A county may participate in the fund in accordance with the provisions of this section.
150	152		72
151	153		(2) A county that does not participate in the fund, or is not current in the county's
152	154		73
153	155		assessments for the fund, is ineligible to receive indigent defense services provided for
154	156		74
155	157		by the fund.
156	158		75
157	159		(3) The commission may revoke a county's participation in the fund if the county fails to
158	160		76
159	161		pay the county's assessments when the assessments are due.
160	162		77
161	163		(4) To participate in the fund, the legislative body of a county shall:
162	164		78
163	165		(a) adopt a resolution that approves participation in the fund and commits the county to
164	166		79
165	167		fulfilling the assessment requirements; and
166	168		80
167	169		(b) submit a certified copy of that resolution together with an application to the
168	170		81
169	171		commission.
170	172		82
171	173		(5) On or before January 15 of each year, a participating county shall contribute to the fund
172	174		83
173	175		an amount determined by the office.
174	176		84
175	177		(6) A participating county may withdraw from participation in the fund upon:
176	178		85
177	179		(a) adoption by the county's legislative body of a resolution to withdraw; and
178	180		86
179	181		(b) notice to the commission on or before January 1 of the year in which the county
180	182		87
181	183		intends to withdraw.
182	184		88
183	185		(7) A county withdrawing from participation in the fund, or whose participation in the fund
184	186		89
185	187		has been revoked for failure to pay the county's assessments when the assessments are
186	188		90
187	189		due, shall forfeit the right to:
188	190		91
189	191		(a) any previously paid assessment;
190	192		92
191	193		(b) relief from the county's obligation to pay the county's assessment during the period
192	194		93
193	195		of the county's participation in the fund; and
194	196		94
195	197		(c) any benefit from the fund, including reimbursement of costs that accrued after the
196	198		95
197	199		last day of the period for which the county has paid the county's assessment.
198		-	- 3 - S.B. 171 Enrolled Copy
199	200		96
200	201		(8)(a) If the fund runs a deficit during a calendar year, the state is responsible for the
	202	+	- 3 - 3rd Sub. (Ivory) S.B. 171 02-27 15:27
201	203		97
202	204		deficit.
203	205		98
204	206		(b) In the calendar year following a deficit year, the office shall increase the amount of
205	207		99
206	208		the annual assessment that is required for participation in the fund by an amount at
207	209		100
208	210		least equal to the deficit of the previous calendar year.
209	211		101
210	212		(c) In a calendar year in which the fund runs a deficit, or is projected to run a deficit, the
211	213		102
212	214		office shall request a supplemental appropriation to pay for the deficit from the
213	215		103
214	216		Legislature in the following general session.
215	217		104
216	218		(d) The state shall pay any or all of the reasonable and necessary money for the deficit
217	219		105
218	220		into the fund.
219	221		106
220	222		Section 5. Effective Date.
221	223		107
222	224		This bill takes effect on May 7, 2025.
223	225		- 4 -