3-5-901. State assumption of certain district court expenses -- designation as district court 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;
     (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; and
     (d) 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;
     (v) expenses for appointed counsel for the youth;
     (vi) expenses for appointed counsel for the parent, guardian, or other person having physical or legal custody of the youth; and
     (vii) expenses associated with court-ordered alternative dispute resolution.
     (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)(d), the district court grant program as described in subsection (4)(a), and the costs of administering this section.
     (3) All revenue disbursed under this section must be deposited in and credited to the district court fund. If a district court fund does not exist, the revenue must be deposited in the county general fund for district court operations.
     (4) If money appropriated for the expenses listed in subsection (1):
     (a) exceeds the amount necessary to fully fund those expenses, the 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; amd. Sec. 2, Ch. 394, L. 1999.