Sec. 4. Public defense grant program
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/bill/118/s/850/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Attorney General may award a grant to an eligible entity to— develop, implement, and update a data collection process under subsection (b)(2); or hire additional public defense attorneys or carry out related activities under subsection (c)(3). The term of a data grant shall be 3 fiscal years. An eligible entity that receives a data grant shall develop and implement a process for collecting the following data for attorneys employed by each applicable public defender’s office, and for panel attorneys within the jurisdiction of the eligible entity, during each fiscal year of the grant period:
The mean number of hours per month worked per attorney. The mean number of hours spent per month by an attorney on— discovery and investigation, including witness interviews; court time, including preparation and appearances; client communication and care; research and writing, including motions practice; and administrative work. The number of cases handled, broken down by— case type, including by— the most serious charge; and each secondary charge; the race, ethnicity, age, and gender of the client; the date on which the attorney was appointed to the case; whether the case remained open as of the last day of the fiscal year, and if not, the date on which the case was closed; and the resolution of the case, if the case was concluded by the last day of the fiscal year.
Any other information as the Attorney General determines appropriate. Upon application from an eligible entity that received a data grant, the Attorney General may award a subsequent data grant to the eligible entity for an additional term that may begin upon termination of the initial data grant. An eligible entity desiring a hiring grant shall submit to the Attorney General an application that includes, as of the date of the application— the caseload and number of, and pay scale for, attorneys and other staff of each applicable public defender's office; and the number of panel attorneys within the jurisdiction of the eligible entity; the total number of cases assigned to the attorneys described in clause (i); and the average number of hours spent on a case by an attorney described in clause (i).
The term of a hiring grant shall be 3 years. An eligible entity may use a hiring grant to— hire additional public defenders; increase compensation for public defenders or panel attorneys to achieve pay parity with corresponding prosecutor's offices; hire case workers, social workers, investigators, or paralegals; or establish or fund a loan assistance program for public defenders. An eligible entity may not use a hiring grant to supplant funds that the eligible entity would otherwise have used for any authorized purpose described in paragraph
(3)during the grant period. During each fiscal year of the grant period, an eligible entity that receives a hiring grant shall collect the data described in subsection (b)(2). Not later than 60 days after the end of a fiscal year, an eligible entity that receives a data grant or hiring grant shall submit to the Attorney General the data described in subsection (b)(2) for that fiscal year. If a prosecutor’s charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be considered a separate case for purposes of the collection of data described in subsection (b)(2). 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.