3-5-901. State assumption of certain district court expenses -- designation as district court criminal reimbursement program. (1) To the extent that revenue is available under 61-3-509, the state shall fund:
(a) the following district court expenses in criminal cases only:
(i) salaries of court reporters;
(ii) fees for transcripts of proceedings;
(iii) witness fees and necessary expenses;
(iv) juror fees;
(v) expenses for indigent defense; and
(vi) expenses for psychiatric examinations;
(b) the district court expenses, as listed in subsection (1)(a), in all postconviction proceedings held pursuant to Title 46, chapter 21, and in all habeas corpus proceedings held pursuant to Title 46, chapter 22, and appeals from those proceedings; and
(c) the following expenses incurred by the state in federal habeas corpus cases that challenge the validity of a conviction or of a sentence:
(i) transcript fees;
(ii) witness fees; and
(iii) expenses for psychiatric examinations.
(2) If revenue received under 61-3-509 exceeds the amount appropriated by the legislature to fund the expenses of the appellate defender program, the excess amount is statutorily appropriated, as provided in 17-7-502, to the supreme court to fund the expenses described in subsections (1)(a) through (1)(c) and the costs of administering this section.
(3) If money appropriated for the expenses listed in subsection (1):
(a) exceeds the amount necessary to fully fund those expenses, up to $500,000 of the excess amount must be used for youth court and probation foster care placements if the department of corrections certifies to the supreme court that appropriations for youth court and probation foster care placements will be inadequate to fund those costs and remaining excess amounts must be used for district court grants as provided in 7-6-2352; or
(b) is insufficient to fully fund those expenses, the county is responsible for payment of the balance.
History: En. Sec. 1, Ch. 680, L. 1985; amd. Sec. 3, Ch. 1, Sp. L. 1985; amd. Sec. 1, Ch. 416, L. 1987; amd. Sec. 3, Ch. 704, L. 1991; amd. Sec. 6, Ch. 781, L. 1991; amd. Sec. 1, Ch. 330, L. 1993; amd. Sec. 2, Ch. 535, L. 1995.