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30     SECTION 35 - E23 - INDIGENT DEFENSE, COMMISSION ON
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32          35.1.   (INDEF: Defense of Indigents Formula)  The amount appropriated in this section for "Defense of Indigents" shall be
33     apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the official United
34     States Census for 1990.  The level of contribution of each county as of July 1, 1992, must be maintained.  No county shall be permitted to



        SECTION 35 - E23 - INDIGENT DEFENSE, COMMISSION ON                                    PAGE 452

 1     contribute less money than the amount the county contributed as of July 1, 1992.  Within the amount of money established for indigent
 2     defense services, the State shall set aside $2,750,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases
 3     pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission on Indigent Defense.  The State
 4     also shall set aside $1,000,000 $1,500,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to
 5     Section 17-3-50 (Conflict Fund).  Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and
 6     from the fees 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-
 7     3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund until
 8     each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned among the
 9     counties' public defender offices pursuant to Section 17-3-70.  When either the Death Penalty Trial Fund or the Conflict Fund has been
10     fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded.  Upon
11     complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 and
12     Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must be apportioned among the counties' public defender
13     offices pursuant to Section 17-3-70.  At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in
14     Section 17-3-330(B).  At the end of each fiscal year any leftover funds shall carryover to the next fiscal year.  All applications for the
15     payment of fees and expenses in capital cases shall be applied for from  the Death Penalty Trial Fund which shall be administered by the
16     Commission on Indigent Defense.  All applications for the payment of fees and expenses of private counsel or expenses of public defenders
17     pursuant to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
18          35.2.   (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 72.6, no money appropriated
19     pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as examiners, guardians ad litem
20     or attorneys nor shall such funds be used in payment to any State agency for providing such services by their employees.
21          35.3.   (INDEF: Additional Funding) DELETED
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