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28     SECTION 35 - E23 - INDIGENT DEFENSE, COMMISSION ON
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30         35.1. (INDEF: Defense of Indigents Formula)  The amount appropriated in this section for "Defense of Indigents" shall be apportioned
31     among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the official United States Census
32     for 1990.  The level of contribution of each county as of July 1, 1992, must be maintained.  No county shall be permitted to contribute less
33     money than the amount the county contributed as of July 1, 1992.  Within the amount of money established for indigent defense services,
34     the State shall set aside $2,750,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to
35     Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission on Indigent Defense.  The State also shall set



        SECTION 35 - E23 - INDIGENT DEFENSE, COMMISSION ON                                    PAGE 450

 1     aside $1,000,000 $1,500,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-
 2     50 (Conflict Fund).  Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and from the fees
 3     imposed under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B), on
 4     a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until each of
 5     these funds has received the required level of deposit, and the remaining funds each month must be apportioned among the counties' public
 6     defender offices pursuant to Section 17-3-70.  When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the
 7     monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded.  Upon complete funding of
 8     both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4),
 9     14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties' public defender offices pursuant to Section 17-3-
10     70.  At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B).  At the
11     end of each fiscal year any leftover funds shall carryover to the next fiscal year.  All applications for the payment of fees and expenses
12     in capital cases shall be applied for from  the Death Penalty Trial Fund which shall be administered by the Commission on Indigent
13     Defense.  All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section
14     17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
15         35.2. (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 72.6, no money appropriated
16     pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem
17     or attorneys nor shall such funds be used in payment to any State agency for providing such services by their employees.
18         35.3. (INDEF: Additional Funding)  It is the intent of the General Assembly that any funds appropriated in the annual appropriations
19     act for the Defense of Indigents above those appropriated for the Defense of Indigents in the 1997 annual appropriations act, excluding
20     any funds generated by Section 14-1-204, shall be used by the local public defender offices to increase staff in order to speed the
21     administration of justice.
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