Sec. 5. Progress reports; certifications

353 words·~2 min read·/bill/116/s/1377/is/section-5

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

For each of the first 5 fiscal years for which a State or Tribal organization receives a covered grant, the State or Tribal organization shall submit a report to the Attorney General that— documents the progress of the State or Tribal organization in meeting the requirements under section 4(b)(3); provides a formal accounting of total amounts expended on public defense during the fiscal year by the— State, including each unit of local government in the State; or Tribal organization; provides a formal accounting of total amounts expended on prosecution during the fiscal year by the— State, including each unit of local government in the State; or Tribal organization; and documents the progress of the State, including each unit of local government in the State, or Tribal organization in achieving overall resource parity between prosecution and public defense.

For the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A). Subject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2).

If an eligible entity is unable to certify under subparagraph

(A)that the eligible entity has complied with the workload limits developed under section 4(b)(2)— the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and the Attorney General shall factor the information provided under clause

(i)into the amount of the covered grant awarded to the eligible entity for the following fiscal year. For the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3).