,,ii #aaith ,,congress #ast ,session ,s4 #aajb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjbe,mr4 ,booker 7for himself1 ,mr4 ,durbin1 and ,mr4 ,welch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to incentivize ,states and localities to improve access to justice1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,providing a ,quality ,defense ,act of #bjbe or the ,quality ,defense ,act of #bjbe4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to protect the constitutional rights to due process and a fair criminal prosecution under the ,fifth1 ,sixth1 and ,fourteenth ,amendments to the ,constitution of the ,united ,states1 including the right to counsel1 in ,state and local courts1 as articulated by the ,supreme ,court of the ,united ,states in ,gideon v4 ,wainwright1 #cgb ,u4,s4 #cce 7#aifc71 and its progeny2 7#b7 to protect the right to counsel for juveniles in delinquency proceedings1 including the determination of whether a juvenile should be tried as an adult1 under the ,due ,process ,clause of the ,fourteenth ,amendment as articulated by the ,supreme ,court in ,in re ,gault1 #chg ,u4,s4 #a 7#aifg72 7#c7 to collect data related to public defense in order to facilitate evidence-based reforms and improvements2 and 7#d7 to ensure that compensation for public defenders and panel attorneys reflects the constitutional guarantee of the right to counsel and does not disincentivize attorneys from pursuing a career in public defense4 #c4 ,definitions ,in this ,act1 except as otherwise provided in section #g3 7#a7 ,applicable public defender's office ,the term applicable public defender's office1 with respect to an eligible entity that is-- 7,a7 a public defender's office1 means the eligible entity2 7,b7 a ,state or unit of local government1 means-- 7i7 the public defender's office of the eligible entity2 and 7ii7 a public defender's office of a unit of local government within the eligible entity2 and 7,c7 a ,tribal organization1 means the public defender's office of the ,tribal organization4 7#b7 ,assigned counsel program ,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 client4 7#c7 ,case ,the term case includes all charges against an individual involved in a single incident of alleged criminal or delinquent conduct4 7#d7 ,case type 7,a7 ,in general ,the term case type means the classification of a client's case into #a of the following categories1 as defined under ,state or local law3 7i7 ,juvenile4 7ii7 ,misdemeanor4 7iii7 ,felony for which the death penalty may be imposed4 7iv7 ,felony for which a sentence of up to life imprisonment may be imposed4 7v7 ,felony not described in clause 7iii7 or 7iv74 7vi7 ,violation of probation or parole4 7vii7 ,school proceeding4 7viii7 ,other4 7,b7 ,multiple charges ,if a case involves multiple charges1 the case type shall be determined according to the most serious charge under the applicable ,state or local law4 7#e7 ,corresponding prosecutor's office ,the term corresponding prosecutor's office1 with respect to a public defender's office or panel attorneys1 means a prosecutorial unit that appears adverse to the public defender's office or panel attorneys in criminal proceedings4 7#f7 ,data grant ,the term data grant means a grant awarded under section #d7;a77#a74 7#g7 ,eligible entity ,the term eligible entity means a ,state1 unit of local government1 ,tribal organization1 public defender's office1 or assigned counsel program that-- 7,a7 in the case of an application for a data grant1 has not1 as of the date of application1 developed and implemented a data collection process that meets the requirements under section #d7;b77#b72 and 7,b7 in the case of an application for a hiring grant1 as of the date of the application1 has-- 7i7 received a data grant2 and 7ii7 fulfilled the requirements of the data grant4 7#h7 ,hiring grant ,the term hiring grant means a grant awarded under section #d7;a77#b74 7#i7 ,most serious charge ,the term most serious charge1 with respect to a case that involves multiple charges1 means the charge that carries the most severe or lengthy maximum penalty4 7#aj7 ,panel attorney ,the term panel attorney means a private attorney assigned by the court who serves the same function as a public defender1 without regard to whether the role is full-time or part-time4 7#aa7 ,prosecutor ,the term prosecutor-- 7,a7 has the meaning given the term in section #cjja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajfga7;b772 and 7,b7 includes a full-time employee of a ,tribal organization who-- 7i7 is continually licensed to practice law2 and 7ii7 carries out activities equivalent to those of a prosecutor referred to in subparagraph 7,a74 7#ab7 ,public defender ,the term public defender-- 7,a7 has the meaning given the term in section #cjja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajfga7;b772 and 7,b7 includes an attorney employed by a ,tribal organization who-- 7i7 is continually licensed to practice law2 and 7ii7 carries out activities equivalent to those of a public defender referred to in subparagraph 7,a74 7#ac7 ,prosecutor's office2 public defender's office ,the terms prosecutor's office and public defender's office mean an agency or office of a ,state1 unit of local government1 or ,tribal organization that employs prosecutors or public defenders1 respectively4 7#ad7 ,resolution ,the term resolution1 with respect to a case1 means the manner in which the case concludes1 including by-- 7,a7 dismissal by the prosecutor2 7,b7 dismissal based on a motion1 such as a motion to suppress evidence2 7,c7 a plea agreement at first appearance2 7,d7 a plea agreement entered into at any point in the criminal prosecution other than first appearance2 7,e7 diversion2 or 7,f7 a bench or jury trial and the outcome of the trial1 including the sentence if the defendant is convicted of any offense charged4 7#ae7 ,secondary charge ,the term secondary charge1 with respect to a case that involves multiple charges1 means any charge that is not the most serious charge4 7#af7 ,state ,the term ,state has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#ag7 ,tribal organization ,the term ,tribal organization has the meaning given the term tribal organization in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7l774 7#ah7 ,unit of local government ,the term unit of local government has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 #d4 ,public defense grant program 7a7 ,grant authority ,the ,attorney ,general may award a grant to an eligible entity to-- 7#a7 develop1 implement1 and update a data collection process under subsection 7b77#b72 or 7#b7 hire additional public defense attorneys or carry out related activities under subsection 7c77#c74 7b7 ,data grants 7#a7 ,term ,the term of a data grant shall be #c fiscal years4 7#b7 ,required data collection ,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 office1 and for panel attorneys within the jurisdiction of the eligible entity1 during each fiscal year of the grant period3 7,a7 ,the mean number of hours per month worked per attorney4 7,b7 ,the mean number of hours spent per month by an attorney on-- 7i7 discovery and investigation1 including witness interviews2 7ii7 court time1 including preparation and appearances2 7iii7 client communication and care2 7iv7 research and writing1 including motions practice2 and 7v7 administrative work4 7,c7 ,the number of cases handled1 broken down by-- 7i7 case type1 including by-- 7,i7 the most serious charge2 and 7,,ii7 each secondary charge2 7ii7 the race1 ethnicity1 age1 and gender of the client2 7iii7 the date on which the attorney was appointed to the case2 7iv7 whether the case remained open as of the last day of the fiscal year1 and if not1 the date on which the case was closed2 and 7v7 the resolution of the case1 if the case was concluded by the last day of the fiscal year4 7,d7 ,any other information as the ,attorney ,general determines appropriate4 7#c7 ,renewal ,upon application from an eligible entity that received a data grant1 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 grant4 7c7 ,hiring grants 7#a7 ,application requirements ,an eligible entity desiring a hiring grant shall submit to the ,attorney ,general an application that includes1 as of the date of the application-- 7,a7 the caseload and number of1 and pay scale for1 attorneys and other staff of each applicable public defender's office2 and 7,b7 7i7 the number of panel attorneys within the jurisdiction of the eligible entity2 7ii7 the total number of cases assigned to the attorneys described in clause 7i72 and 7iii7 the average number of hours spent on a case by an attorney described in clause 7i74 7#b7 ,term ,the term of a hiring grant shall be #c years4 7#c7 ,use of funds ,an eligible entity may use a hiring grant to-- 7,a7 hire additional public defenders2 7,b7 increase compensation for public defenders or panel attorneys to achieve pay parity with corresponding prosecutor's offices2 7,c7 hire case workers1 social workers1 investigators1 or paralegals2 or 7,d7 establish or fund a loan assistance program for public defenders4 7#d7 ,supplement1 not supplant ,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 7#c7 during the grant period4 7#e7 ,required data collection ,during each fiscal year of the grant period1 an eligible entity that receives a hiring grant shall collect the data described in subsection 7b77#b74 7d7 ,submission requirement ,not later than #fj days after the end of a fiscal year1 an eligible entity that receives a data grant or hiring grant shall submit to the ,attorney ,general the data described in subsection 7b77#b7 for that fiscal year4 7e7 ,multiple defendants ,if a prosecutor's charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct1 each defendant shall be considered a separate case for purposes of the collection of data described in subsection 7b77#b74 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general to carry out this section-- 7#a7 #bej1jjj1jjj for each of the first #e fiscal years beginning after the date of enactment of this ,act2 and 7#b7 such sums as may be necessary for each fiscal year thereafter4 #e4 ,studies 7a7 ,studies 7#a7 ,caseload limits study 7,a7 ,in general ,after the end of the first fiscal year for which data grants are awarded1 the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance and the ,director of the ,office for ,access to ,justice1 shall-- 7i7 conduct a study to analyze the data submitted to the ,attorney ,general under section #d7;d7 for that fiscal year related to public defender and panel attorney caseloads and correlated outcomes2 7ii7 review studies1 reports1 and other data published or provided by professional organizations1 legal associations1 and bar associations related to public defender and panel attorney caseloads2 and 7iii7 develop and publish best practices and recommendations for setting public defender and panel attorney caseloads based on the information described in clauses 7i7 and 7ii7 to ensure-- 7,i7 reasonably effective assistance of counsel pursuant to constitutional standards and prevailing professional norms2 and 7,,ii7 competent representation pursuant to applicable rules of professional responsibility4 7,b7 ,continuing study ,not less frequently than once every #e years1 the ,attorney ,general shall-- 7i7 study and review new studies1 reports1 or other data as described in subparagraph 7,a77ii72 and 7ii7 update the best practices and recommendations under subparagraph 7,a77iii74 7#b7 ,compensation study ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance and the ,director of the ,office for ,access to ,justice1 shall-- 7,a7 conduct a national study of public defender salaries and panel attorney rates1 using prosecutors' salaries as one benchmark2 and 7,b7 develop and publish best practices and recommendations relating to compensation of public defenders and panel attorneys4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out this section4 #f4 ,state data collection 7a7 ,in general ,for any fiscal year beginning after the date of enactment of this ,act1 a ,state that receives funds under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 may submit to the ,office for ,access to ,justice of the ,department of ,justice data on1 with respect to criminal cases heard by a court of the ,state or of a unit of local government in the ,state during that fiscal year1 the number of cases for which a defendant was represented in court by a public defender or panel attorney1 broken down by-- 7#a7 the most serious charge and the total number of secondary charges in each case2 and 7#b7 race1 ethnicity1 age1 and gender of the defendant4 7b7 ,applicable criminal offenses ,a ,state that elects to submit data under subsection 7a7 shall include data with respect to-- 7#a7 criminal offenses for which a term of imprisonment of more than #a year may be imposed2 7#b7 criminal offenses for which a term of imprisonment of #a year or less may be imposed1 including misdemeanors1 traffic violations1 and violations of municipal ordinances2 and 7#c7 acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed4 7c7 ,funding ,a ,state that receives funds under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 may apply for1 and the ,attorney ,general may award1 a #e percent increase in those funds1 to be used by the ,state to collect and provide to the ,office for ,access to ,justice of the ,department of ,justice the data described in subsection 7a7 of this section4 #g4 ,funding for educational programs 7a7 ,definition ,in this section1 the term eligible entity means an entity that is-- 7#a7 an organization-- 7,a7 described in paragraph 7#c7 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 or 7,b7 funded by a ,state or unit of local government2 or 7#b7 a ,state1 unit of local government1 ,indian ,tribal government1 or political subdivision of an ,indian ,tribe4 7b7 ,grants ,the ,attorney ,general shall award grants to eligible entities to provide a comprehensive educational program to public defenders and panel attorneys that offers-- 7#a7 ongoing training and support2 and 7#b7 programming that includes-- 7,a7 skills training1 including pretrial practice1 negotiation skills1 trial skills1 and sentencing advocacy2 7,b7 client-centered values2 7,c7 implicit bias training2 7,d7 leadership development2 and 7,e7 ongoing support to reinforce the training curriculum4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general to carry out this section #e1jjj1jjj for each of the first #e fiscal years beginning after the date of enactment of this ,act4