Defense counsel on first appearance grant program - rules - report definition - repeal.

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(1) (a) The defense counsel on first appearance grant program, referred to in this section as the "grant program", is created in the division. The division shall award grants from the grant program to reimburse local governments, in part or in full, for costs associated with the provision of defense counsel to defendants at their first appearances in municipal courts, as required by section 13-10-114.5.

(b) The division shall:

  1. Solicit and review applications for grants from local governments; and

  2. Select local governments to receive grants to reimburse the local governments forcosts associated with the provision of defense counsel to defendants at their first appearance in municipal courts.

  1. The general assembly may annually appropriate money from the general fund to thedivision to make the grants described in subsection (1) of this section and for the division's reasonable administrative expenses related to the grants. Any unexpended and unencumbered money from an appropriation made pursuant to this subsection (2) remains available for expenditure by the division in the next fiscal year without further appropriation.

  2. The executive director may promulgate rules in accordance with article 4 of this title24 to the extent necessary for the administration of the grant program, including rules establishing an application process and grant award criteria.

  3. (a) The division shall include an update regarding the effectiveness of the grant program in its annual report to the members of the applicable committees of reference in the senate and the house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the report required in subsection (4)(a) of this section continues indefinitely.

(5) This section is repealed, effective September 1, 2023. Before its repeal, the department of regulatory agencies shall review the grant program in accordance with section 23-1203.

Source: L. 2018: Entire section added, (HB 18-1353), ch. 348, p. 2070, § 1, effective May 30.


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