(1) There is created a private-purpose trust fund known as the "Indigent Inmate Trust Fund" to be disbursed by the Division of Finance at the direction of the board and in accordance with contracts made under Section 78B-22-502.

(2) Money deposited into this trust fund shall only be used: (a) to pay indigent defense services for an indigent inmate in a state prison located in a county of the third, fourth, fifth, or sixth class as defined in Section 17-50-501 who is charged with having committed a crime within the state prison, and who will require indigent defense services; and (b) for administrative costs pursuant to Section 78B-22-501.

(a) to pay indigent defense services for an indigent inmate in a state prison located in a county of the third, fourth, fifth, or sixth class as defined in Section 17-50-501 who is charged with having committed a crime within the state prison, and who will require indigent defense services; and

(b) for administrative costs pursuant to Section 78B-22-501.

(3) The trust fund consists of: (a) proceeds received from counties that impose the additional tax levy by ordinance under Subsection 78B-22-601(5), which shall be the total county obligation for payment of costs listed in Subsection (2) for defense services for indigent inmates; (b) appropriations made to the fund by the Legislature; and (c) interest and earnings from the investment of fund money.

(a) proceeds received from counties that impose the additional tax levy by ordinance under Subsection 78B-22-601(5), which shall be the total county obligation for payment of costs listed in Subsection (2) for defense services for indigent inmates;

(b) appropriations made to the fund by the Legislature; and

(c) interest and earnings from the investment of fund money.

(4) Fund money shall be invested by the state treasurer with the earnings and interest accruing to the fund.

(5) In any calendar year in which the fund runs a deficit, or is projected to run a deficit, the board shall request a supplemental appropriation from the Legislature in the following general session to pay for the deficit. The state shall pay any or all of the reasonable and necessary money for the deficit into the Indigent Inmate Trust Fund.

(6) The fund is capped at $1,000,000.

(7) The Division of Finance shall notify the contributing counties when the fund approaches $1,000,000 and provide each county with the amount of the balance in the fund.

(8) Upon notification by the Division of Finance that the fund is near the limit imposed in Subsection (6), the counties may contribute enough money to enable the fund to reach $1,000,000 and discontinue contributions until notified by the Division of Finance that the balance has fallen below $1,000,000, at which time counties that meet the requirements of Section 78B-22-601 shall resume contributions.