Sec. 3. Definitions
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In this Act, except as otherwise provided in section 7: 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 assigned counsel program means a program or procedure by which a court assigns a panel attorney to provide quality legal representation to a client.
The term case includes all charges against an individual involved in a single incident of alleged criminal or delinquent conduct. The term case type means the classification of a client’s case into 1 of the following categories, as defined under State or local law: Juvenile. Misdemeanor. Felony for which the death penalty may be imposed. Felony for which a sentence of up to life imprisonment may be imposed. Felony not described in clause
(iii)or (iv). Violation of probation or parole. School proceeding. Other. If a case involves multiple charges, the case type shall be determined according to the most serious charge under the applicable State or local law. The term corresponding prosecutor's office , with respect to a public defender’s office or panel attorneys, means a prosecutorial unit that appears adverse to the public defender’s office or panel attorneys in criminal proceedings. The term data grant means a grant awarded under section 4(a)(1). The term eligible entity means a State, unit of local government, Tribal organization, public defender's office, or assigned counsel program that— in the case of an application for a data grant, has not, as of the date of application, developed and implemented a data collection process that meets the requirements under section 4(b)(2); and in the case of an application for a hiring grant, as of the date of the application, has— received a data grant; and fulfilled the requirements of the data grant. The term hiring grant means a grant awarded under section 4(a)(2). The term most serious charge , with respect to a case that involves multiple charges, means the charge that carries the most severe or lengthy maximum penalty. The term panel attorney means a private attorney assigned by the court who serves the same function as a public defender, without regard to whether the role is full-time or part-time. 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 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 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 resolution , with respect to a case, means the manner in which the case concludes, including by— dismissal by the prosecutor; dismissal based on a motion, such as a motion to suppress evidence; a plea agreement at first appearance; a plea agreement entered into at any point in the criminal prosecution other than first appearance; diversion; or a bench or jury trial and the outcome of the trial, including the sentence if the defendant is convicted of any offense charged. The term secondary charge , with respect to a case that involves multiple charges, means any charge that is not the most serious charge. 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 ).
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