(1) The board shall enter into contracts to provide indigent defense services for an indigent inmate who: (a) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as defined in Section 17-50-501; (b) is charged with having committed a crime within that state prison; and (c) will require defense counsel.

(a) is incarcerated in a state prison located in a county of the third, fourth, fifth, or sixth class as defined in Section 17-50-501;

(b) is charged with having committed a crime within that state prison; and

(c) will require defense counsel.

(2) Payment for indigent defense services shall be made from the Indigent Inmate Trust Fund as provided in Section 78B-22-602.

(3) A contract under this part shall ensure that indigent defense services are provided in a manner consistent with the minimum guidelines described in Section 78B-22-301.

(4) The county attorney or district attorney of a county of the third, fourth, fifth, or sixth class shall function as the prosecuting entity.

(5) (a) A county of the third, fourth, fifth, or sixth class where a state prison is located may impose an additional tax levy by ordinance at .0001 per dollar of taxable value in the county. (b) If the county governing body imposes the additional tax levy by ordinance, the money shall be deposited into the Indigent Inmate Trust Fund as provided in Section 78B-22-602 to fund the purposes of this part. (c) Upon notification that the fund has reached the amount specified in Subsection 78B-22-602(6), a county shall deposit money derived from the levy into a county account used exclusively to provide indigent defense services. (d) A county that chooses not to impose the additional levy by ordinance may not receive any benefit from the Indigent Inmate Trust Fund.

(a) A county of the third, fourth, fifth, or sixth class where a state prison is located may impose an additional tax levy by ordinance at .0001 per dollar of taxable value in the county.

(b) If the county governing body imposes the additional tax levy by ordinance, the money shall be deposited into the Indigent Inmate Trust Fund as provided in Section 78B-22-602 to fund the purposes of this part.

(c) Upon notification that the fund has reached the amount specified in Subsection 78B-22-602(6), a county shall deposit money derived from the levy into a county account used exclusively to provide indigent defense services.

(d) A county that chooses not to impose the additional levy by ordinance may not receive any benefit from the Indigent Inmate Trust Fund.