Claims may be made against the Counties’ Trial Assistance Account in the State General Fund by the board of county commissioners of any county as other claims against the State are made for jury fees, witness fees and necessary subsistence expenses attendant to any criminal trial for a capital offense where:
1. It is not established that the crime was actually committed in the county where the indictment was found or the information filed;
2. The victim or victims of the crime were not residents of the county where the indictment was found or the information filed; and
3. The trial is conducted in a county other than the county in which the indictment was found or the information filed.