§60303 — Title 34 Navy | U.S. Code

Summary

The Attorney General must create a process for states to apply for these grants. A state that wants money must send an application to the Attorney General when and how the Attorney General asks, and must include specific things. The application must have a certification from a state official that the state allows the death penalty and does or will prosecute capital cases; a description of the communities the grant will serve, including existing capital defense and prosecution programs; a long-term statewide strategy and a detailed plan made after talking with judges, the bar, and state and local prosecutors and defenders that makes improving trial‑level defense of people who cannot afford lawyers and trial‑level prosecution of capital cases a priority; if the state uses the procedure in section 60301(e)(1)(C), a certificate of substantial compliance with that state law; and promises that federal funds will add to, not replace, state funds and will be spent as required under section 60306(b).

Title 34, §60303

Navy — Source: USLM XML via OLRC

(a)The Attorney General shall establish a process through which a State may apply for a grant under this chapter.

(b)(1)A State desiring a grant under this chapter shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require.

(2)Each application submitted under paragraph (1) shall contain—

(A)a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought;

(B)a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities;

(C)a long-term statewide strategy and detailed implementation plan that—

(i)reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and

(ii)establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes;

(D)in the case of a State that employs a statutory procedure described in section 60301(e)(1)(C) of this title, a certification by an appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and

(E)assurances that Federal funds received under this chapter shall be—

(i)used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this chapter; and

(ii)allocated in accordance with section 60306(b) of this title.

Editorial Notes

Codification Section was formerly classified to section 14163b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§60303 Applications

Summary

Title 34, §60303

Notes & Related Subsidiaries

Editorial Notes

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