Duties of the office.

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  • (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) 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;
    • (l) submit recommendations to the commission for improving indigent defense services in the state;
    • (m) publish an annual report on the commission's website; and
    • (n) 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.




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