(1) The office shall:
- (a) establish an annual budget for the office for the Indigent Defense Resources Restricted Account created in Section 75E-9-202;
- (b) assist the commission in performing the commission's statutory duties described in Chapter 9, Indigent Defense Commission;
(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 75E-9-203 that are consistent with the commission's core principles;
(g) create and enter into contracts consistent with Section 75E-10-303 to provide indigent defense services for an indigent defense inmate who:
- (i) is incarcerated in a state prison located in an eligible county;
- (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 5, Child Welfare Parental Representation Program;
- (k) administer the Indigent Aggravated Murder Defense Fund in accordance with Part 4, Indigent Aggravated Murder Defense Fund;
- (l) assign an indigent defense service provider to represent an individual prosecuted for aggravated murder in accordance with Part 4, Indigent Aggravated Murder Defense Fund;
- (m) provide access for a minor to receive legal advice, at no cost, in connection with considering a nonjudicial adjustment;
(n) 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;
- (o) submit recommendations to the commission for improving indigent defense services in the state;
- (p) publish an annual report on the commission's website; and
- (q) perform all other duties assigned by the commission related to indigent defense services.
(2) The office may:
- (a) enter into contracts and accept, allocate, and administer funds and grants from any public or private person to accomplish the duties of the office; and
- (b) employ or contract with an attorney to provide counsel, at no cost, to any minor considering a nonjudicial adjustment.
- (3) Any contract entered into under this chapter shall require that indigent defense services are provided in a manner consistent with the commission's core principles implemented under Section 75E-9-104.
Renumbered and Amended by Chapter 291, 2026 General Session