3-5-901. State assumption of district court expenses. (1) There is a state-funded district court program. Under this program, the state shall fund all district court costs, except as provided in subsection (2). These costs include but are not limited to:
     (a) salaries and benefits for:
     (i) district court judges;
     (ii) law clerks;
     (iii) court reporters, as provided in 3-5-601;
     (iv) juvenile probation officers, youth division offices staff, and assessment officers of the youth court; and
     (v) other employees of the district court;
     (b) in criminal cases, fees for transcripts of proceedings, as provided in 3-5-604, witness fees and necessary expenses, juror fees, and expenses for psychiatric examinations;
     (c) the district court expenses 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;
     (d) 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;
     (e) the following expenses incurred by the state in a proceeding held pursuant to Title 41, chapter 3, part 4 or 6, that seeks temporary investigative authority of a youth, temporary legal custody of a youth, or termination of the parent-child legal relationship and permanent custody:
     (i) transcript fees;
     (ii) witness fees;
     (iii) expenses for medical and psychological evaluation of a youth or the youth's parent, guardian, or other person having physical or legal custody of the youth except for expenses for services that a person is eligible to receive under a public program that provides medical or psychological evaluation;
     (iv) expenses associated with appointment of a guardian ad litem or child advocate for the youth; and
     (v) expenses associated with court-ordered alternative dispute resolution;
     (f) costs of juror and witness fees and witness expenses before a grand jury;
     (g) costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and expenses of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a);
     (h) all district court expenses associated with civil jury trials if those expenses were paid out of the district court budget in fiscal year 1998 or fiscal year 1999; and
     (i) all other costs associated with the operation and maintenance of the district court, including contract costs for court reporters who are independent contractors, costs of the youth court and youth division offices, and costs of training for persons listed in subsections (1)(a)(i) through (1)(a)(v), but excluding the cost of providing district court office, courtroom, and other space as provided in 3-1-125.
     (2) For the purposes of subsection (1), district court costs do not include:
     (a) one-half of the salaries of county attorneys;
     (b) salaries of deputy county attorneys;
     (c) salaries of employees and expenses of the office of county attorney;
     (d) costs for clerks of district court and employees and expenses of the office of the clerks of district court; or
     (e) costs of providing district court office space.
     (3) In addition to the costs assumed under the state-funded district court program, as provided in subsection (1), the state shall fund:
     (a) the expenses of the appellate defender program. These costs must be allocated to and paid by the appellate defender program.
     (b) district court expenses related to involuntary commitment proceedings and youth court proceedings in an annual amount not to exceed the district court expense for those proceedings in fiscal year 2001 plus a 3% growth factor each year. Any amount that exceeds the district court expense for those proceedings is the responsibility of the county.
     (4) (a) In addition to the costs assumed under the state-funded district court program, as provided in subsection (1), the state shall reimburse counties:
     (i) in district court criminal cases only, expenses for indigent defense; and
     (ii) in proceedings under subsection (1)(e):
     (A) expenses for appointed counsel for the youth; and
     (B) expenses for appointed counsel for the parent, guardian, or other person having physical or legal custody of the youth.
     (b) If money appropriated for the expenses listed in subsection (4)(a) is insufficient to fully fund those expenses, the county is responsible for payment of the balance. (Subsections (3)(b) and (4)(b) terminate June 30, 2003--sec. 65, Ch. 585, L. 2001.)

     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; amd. Sec. 2, Ch. 394, L. 1999; amd. Sec. 41, Ch. 278, L. 2001; amd. Sec. 17, Ch. 585, L. 2001.