(1) The office shall pay for indigent defense services for indigent inmates from the Indigent Inmate Fund created in Section 78B-22-455. (2) A contract under this part shall ensure that indigent defense services are provided in a manner consistent with the core principles described in Section 78B-22-404. (3) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth class shall function as the prosecuting entity. (4) (a) A county of the third, fourth, fifth, or sixth class where a state prison is located may impose an additional property tax levy by ordinance at .0001 per dollar of taxable value in the county. (b) If the county governing body imposes the additional property tax levy by ordinance, the revenue shall be deposited into the Indigent Inmate Fund as provided in Section 78B-22-455 to fund the purposes of this part. (c) Upon notification that the fund has reached the amount specified in Subsection 78B-22-455(6), a county shall deposit revenue derived from the property tax levy after the county receives the notice into a county account used exclusively to provide indigent defense services. (d) A county that chooses not to impose the additional levy by ordinance may not receive any benefit from the Indigent Inmate Fund. Renumbered and Amended by Chapter 291, 2026 General Session Renumbered 7/1/2026
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