Sec. 3. Definitions
829 words·~4 min read·
/bill/116/s/1377/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act, except as otherwise provided in section 6: The term applicable court , with respect to an eligible entity that is— a State or unit of local government, means— a court of the eligible entity; and a court of a unit of local government within the eligible entity; and a Tribal organization, means a court of the Indian Tribe. The term applicable public defender's office , with respect to an eligible entity that is— a public defender's office, means the eligible entity; a State or unit of local government, means— the public defender's office of the eligible entity; and a public defender's office of a unit of local government within the eligible entity; and a Tribal organization, means the public defender's office of the Tribal organization.
The term basis of compensation means the classification of the compensation of an employee into 1 of the following categories: Hourly. Flat rate. Per case. Salary. The term case includes all charges involved in a single incident of alleged criminal or delinquent conduct. If a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case. The term case type means the classification of a client’s case into 1 of the following categories, as defined under State law:
Juvenile. Misdemeanor. Felony. Life without parole. Capital or death penalty. If a case involves multiple charges, the case type shall be determined according to the dominant charge. The term chief prosecutor , with respect to— a State, means the attorney general of the State; a unit of local government, means the district attorney of the unit of local government; and a Tribal organization, means the lead prosecutor of the Tribal organization. The term chief public defender , with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively.
The term corresponding prosecutor's office , with respect to a public defender's office, means the prosecutorial unit that appears adverse to the public defender's office in criminal proceedings. The term covered grant means a grant awarded under section 4. The term dominant charge , with respect to a case that involves multiple charges, means the charge that carries the most severe or lengthy maximum penalty. The term eligible entity means a State, unit of local government, Tribal organization, or public defender's office that, as of the date of enactment of this Act and without regard to the deadlines under section 4(b)— has not developed and implemented a data collection process that meets the requirements under paragraph
(1)of that section; has not developed workload limits that meet the requirements under paragraph
(2)of that section, or has developed such limits but is not in compliance with the limits; or does not meet the compensation requirements under paragraph
(3)of that section. The term full-time , with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office. The term peripheral charge , with respect to a case that involves multiple charges, means any charge that is not the dominant charge. The term prosecutor — has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10671(b) ); and includes a full-time employee of a Tribal organization who— is continually licensed to practice law; and carries out activities equivalent to those of a prosecutor referred to in subparagraph (A). The terms prosecutor's office and public defender's office mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively. The term public defender — has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10671(b) ); and includes an attorney employed by a Tribal organization who— is continually licensed to practice law; and carries out activities equivalent to those of a public defender referred to in subparagraph (A). The term staff attorney , with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively. The term State has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). The term Tribal organization has the meaning given the term tribal organization in section 4(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(l) ). The term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ).
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources