34 U.S.C. § 60303: Applications

Summary

The Attorney General must set up a process for States to apply for grants under this chapter. A State must apply to the Attorney General as required. Applications must certify the State allows and prosecutes death‑penalty cases; describe the communities to be served and current capital defense and prosecution services; include a long-term statewide plan made after consulting courts, lawyer groups, prosecutors, and defense lawyers that prioritizes better trial-level defense for poor defendants and trial prosecution; if using 60301(e)(1)(C), certify substantial compliance; and promise Federal funds will supplement, not replace, State funds and be used per 60306(b).

Title 34, §60303

Navy, Source: USLM XML via OLRC

(a)In general

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

(b)Application

(1)In general

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)Contents

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

(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

Citations & Metadata