Definitions.

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  • (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) "Child welfare case" means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Chapter 4, Termination or Restoration of Parental Rights.
  • (5)"Executive Director" means the executive director of the Office of Indigent Defense Services, created in Section 78B-22-451, who is appointed in accordance with Section 78B-22-453.
  • (6)
    • (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.
  • (7) "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).
  • (8) "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.
  • (9) "Indigent defense system" means:
    • (a) a city or town that is responsible for providing indigent defense services;
    • (b) a county that is responsible for providing indigent defense services in the district court, juvenile court, 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.
  • (10) "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 (9)(a), who is appealing 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.
  • (11) "Minor" means the same as that term is defined in Section 80-1-102.
  • (12) "Office" means the Office of Indigent Defense Services created in Section 78B-22-451.
  • (13) "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.







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