The statute authorizes the counties to establish a fund for the purposes of helping to defray the cost of capital litigation. The participation of the counties is entirely voluntary and such participation will be governed by a joint powers agreement . Essentially, Idaho Code 19-863A, allows the counties to establish a fund from which the small as well as the larger counties can obtain the additional monies needed to pursue a capital case where a county has made the decision that seeking the death penalty would be appropriate. The proportionate cost associated with establishing and maintaining the fund is determined by the population of counties participating in the fund. Counties may either participate or decline to join.
Participation is governed by a joint powers agreement.
The services of the SAPD are only available to those counties who participate in the fund. Additional restrictions are that the funds are only to be utilized for the defense of the indigent defendant and then only at the trial level . The SAPD may not draw from this fund to fulfill the SAPD's statutory obligations. The State may not draw from this fund at the trial or post-conviction level for the prosecution of a capital case. An analysis of the operation and analysis document along with the relevant statutes and Joint Powers Agreement should provide the reader with a good working knowledge of the CCDF and its operation.