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Code · BILL · 116th Congress · S. 1377 (Introduced in Senate) — To incentivize States and localities to improve access to justice, and for other purposes. · Sec. 4

Sec. 4. Public defense grant program

1,066 words·~5 min read·/bill/116/s/1377/is/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

During the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection
(b)and section 5. During the sixth fiscal year beginning after the date of enactment of this Act, and each fiscal year thereafter, the Attorney General shall award a grant to any eligible entity that— commits to satisfying the requirements under section 5; certifies that the eligible entity is in compliance with— the workload limits developed by the eligible entity under subsection (b)(2) of this section; and the requirements under subsection (b)(3) of this section; and commits to using the grant funds for public defense. In applying for a grant under paragraph (1), an eligible entity shall request a grant amount that takes into account— any technology and training required to meet the requirements under subsection (b)(1); and the size of the justice system— that the entity administers or in which the entity participates, as applicable, relative to the size of other justice systems in— the United States, if the entity is a State or a public defender's office of a State; or the State in which the entity is located, if the entity is a unit of local government or a public defender's office of a unit of local government; or of the Indian Tribe, if the entity is a Tribal organization or a public defender's office of a Tribal organization. The requirements for an eligible entity under this subsection are as follows: During the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year: The mean and median number of hours per month worked per attorney. The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances. The mean and median percentage of hours per month spent in court proceedings per attorney. The mean and median percentage of hours spent per month by a attorney on— investigation; research; writing; and preparation. The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney. The number of open cases as of the last day of the fiscal year, broken down by— case type, including by— the dominant charge; and each peripheral charge; the attorney, who shall be identified using an anonymized unique identifier; the date on which the attorney was appointed to the case; and the date on which the attorney first met with the client. The number of cases closed during the fiscal year, broken down by— case type, including by— the dominant charge; and each peripheral charge; the attorney, who shall be identified using an anonymized unique identifier; the date on which the case was referred to the public defender's office; the date on which the attorney was appointed to the case; and the date on which the case was closed. For the second fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall— collect the data described in subparagraph
(A)with respect to that fiscal year; and submit the data to the Attorney General. During the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide— reasonably effective assistance of counsel pursuant to prevailing professional norms; and competent representation pursuant to applicable rules of professional responsibility. If the eligible entity receives covered grants under subsection (a)(1)(B), the eligible entity shall review and, as necessary, update the limits developed under subparagraph
(A)of this paragraph not less frequently than once every 10 fiscal years. During the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court): The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor. The rate and basis of compensation of an entry-level full-time staff attorney shall be equivalent to the rate and basis of compensation of an entry-level full-time staff attorney employed by the corresponding prosecutor's office. The rate and basis of compensation of a non-entry-level full-time staff attorney shall be equivalent to the greater of— the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role. In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case. The rate and basis of compensation of a full-time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator. The rate and basis of compensation of a full-time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal. There are authorized to be appropriated to the Attorney General to carry out this section— $250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and such sums as may be necessary for each fiscal year thereafter.
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