21-2-108. Conflict-free defense for indigent persons in municipal courts - fund created

21-2-108. Conflict-free defense for indigent persons in municipal courts - fund created. (1) For the purposes of section 21-2-103 (1)(c) and (5), any municipality that wants to utilize the services of the office of alternate defense counsel may request such services as provided in this section.

(2) A municipality that wants to utilize the services of the office of alternate defense counsel to evaluate the provision of defense counsel to indigent defendants as described in section 13-10-114.5 (3)(c)(II)(A) during the next calendar year shall request such services on or before September 1, 2018, and on or before September 1 each year thereafter.

(3) On or before May 1, 2019, and on or before May 1 each year thereafter, the office of alternate defense counsel shall inform each municipality that requested the evaluation services of the office pursuant to subsection (2) of this section whether the office has sufficient funding to provide the services and whether the office can commit to providing such services during the next calendar year.

(4) On or before January 1, 2020, and on or before January 1 each year thereafter, the office of alternate defense counsel shall begin evaluating the provision of defense counsel to indigent defendants in each municipality to which the office committed such services pursuant to subsection (3) of this section.

(5) A municipality that wants to utilize the office of alternate defense counsel to provide a list of approved attorneys to be used for indigent defense during the next calendar year shall request such services on or before September 1, 2020, or on or before September 1 each year thereafter.

(6) On or before May 1, 2021, and on or before May 1 each year thereafter, the office of alternate defense counsel shall inform each municipality that requested the legal defense services of the office pursuant to subsection (5) of this section whether the office has sufficient funding to provide the services and whether the office can commit to providing such services during the next calendar year.

(7) On or before January 1, 2022, and on or before January 1 each year thereafter, the office of alternate defense counsel shall provide a list of approved indigent defense counsel to each municipality to which the office committed such services pursuant to subsection (6) of this section.

(8) There is created in the state treasury the conflict-free municipal defense fund, referred to in this subsection (8) as the "fund", which consists of any money collected from municipalities and credited to the fund and any other money that the general assembly may appropriate or transfer to the fund. Money in the fund is continuously appropriated to the office of alternate defense counsel for the purposes described in this section. The state treasurer shall credit all interest derived from the deposit and investment of money in the fund to the fund. Any money not appropriated by the general assembly must remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.