Ensuring Quality Access to Legal Defense Act of 2019 or the EQUAL Defense Act of 2019
This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel).
Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors).
The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys.
Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases.
It also reauthorizes through FY2022 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1377 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1377
To incentivize States and localities to improve access to justice, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2019
Ms. Harris introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To incentivize States and localities to improve access to justice, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Quality Access to Legal
Defense Act of 2019'' or the ``EQUAL Defense Act of 2019''.
SEC. 2. PURPOSE.
The purpose of this Act is--
(1) to protect the rights of defendants in criminal cases
to due process and a fair trial under the Fifth, Sixth, and
Fourteenth Amendments to the Constitution of the United States,
including the right to counsel in State criminal trials, as
articulated by the United States Supreme Court in Gideon v.
Wainwright, 372 U.S. 335 (1963);
(2) to collect data related to public defense in order to
facilitate the development of evidence-based workload limits,
and for other purposes; and
(3) to ensure that public defender compensation reflects
the constitutional imperative of the work and adequately
incentivizes attorneys at all levels to pursue a career in
public defense.
SEC. 3. DEFINITIONS.
In this Act, except as otherwise provided in section 6:
(1) Applicable court.--The term ``applicable court'', with
respect to an eligible entity that is--
(A) a State or unit of local government, means--
(i) a court of the eligible entity; and
(ii) a court of a unit of local government
within the eligible entity; and
(B) a Tribal organization, means a court of the
Indian Tribe.
(2) Applicable public defender's office.--The term
``applicable public defender's office'', with respect to an
eligible entity that is--
(A) a public defender's office, means the eligible
entity;
(B) a State or unit of local government, means--
(i) the public defender's office of the
eligible entity; and
(ii) a public defender's office of a unit
of local government within the eligible entity;
and
(C) a Tribal organization, means the public
defender's office of the Tribal organization.
(3) Basis of compensation.--The term ``basis of
compensation'' means the classification of the compensation of
an employee into 1 of the following categories:
(A) Hourly.
(B) Flat rate.
(C) Per case.
(D) Salary.
(4) Case.--
(A) In general.--The term ``case'' includes all
charges involved in a single incident of alleged
criminal or delinquent conduct.
(B) Multiple defendants.--If a charging document
states that multiple defendants were involved in a
single incident of alleged criminal or delinquent
conduct, each defendant shall be counted as a separate
case.
(5) Case type.--
(A) In general.--The term ``case type'' means the
classification of a client's case into 1 of the
following categories, as defined under State law:
(i) Juvenile.
(ii) Misdemeanor.
(iii) Felony.
(iv) Life without parole.
(v) Capital or death penalty.
(B) Multiple charges.--If a case involves multiple
charges, the case type shall be determined according to
the dominant charge.
(6) Chief prosecutor.--The term ``chief prosecutor'', with
respect to--
(A) a State, means the attorney general of the
State;
(B) a unit of local government, means the district
attorney of the unit of local government; and
(C) a Tribal organization, means the lead
prosecutor of the Tribal organization.
(7) Chief public defender.--The term ``chief public
defender'', with respect to a State, unit of local government,
or Tribal organization, means the head of the public defender's
office of the State, unit of local government, or Tribal
organization, respectively.
(8) Corresponding prosecutor's office.--The term
``corresponding prosecutor's office'', with respect to a public
defender's office, means the prosecutorial unit that appears
adverse to the public defender's office in criminal
proceedings.
(9) Covered grant.--The term ``covered grant'' means a
grant awarded under section 4.
(10) Dominant charge.--The term ``dominant charge'', with
respect to a case that involves multiple charges, means the
charge that carries the most severe or lengthy maximum penalty.
(11) Eligible entity.--The term ``eligible entity'' means a
State, unit of local government, Tribal organization, or public
defender's office that, as of the date of enactment of this Act
and without regard to the deadlines under section 4(b)--
(A) has not developed and implemented a data
collection process that meets the requirements under
paragraph (1) of that section;
(B) has not developed workload limits that meet the
requirements under paragraph (2) of that section, or
has developed such limits but is not in compliance with
the limits; or
(C) does not meet the compensation requirements
under paragraph (3) of that section.
(12) Full-time.--The term ``full-time'', with respect to an
employee of a prosecutor's office or public defender's office,
means an employee who works not less than 40 hours per week for
that office.
(13) Peripheral charge.--The term ``peripheral charge'',
with respect to a case that involves multiple charges, means
any charge that is not the dominant charge.
(14) Prosecutor.--The term ``prosecutor''--
(A) 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
(B) includes a full-time employee of a Tribal
organization who--
(i) is continually licensed to practice
law; and
(ii) carries out activities equivalent to
those of a prosecutor referred to in
subparagraph (A).
(15) Prosecutor's office; public defender's office.--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.
(16) Public defender.--The term ``public defender''--
(A) 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
(B) includes an attorney employed by a Tribal
organization who--
(i) is continually licensed to practice
law; and
(ii) carries out activities equivalent to
those of a public defender referred to in
subparagraph (A).
(17) Staff attorney.--The term ``staff attorney'', with
respect to a prosecutor's office or public defender's office,
means a prosecutor or public defender who is not the chief
prosecutor or chief public defender, respectively.
(18) State.--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).
(19) Tribal organization.--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)).
(20) Unit of local government.--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).
SEC. 4. PUBLIC DEFENSE GRANT PROGRAM.
(a) Grant Authority.--
(1) In general.--
(A) Initial grants.--During the first 5 fiscal
years beginning after the date of enactment of this
Act, the Attorney General shall award a grant, to be
used for public defense, to any eligible entity that
commits to satisfying the requirements under subsection
(b) and section 5.
(B) Continuing grants.--During the sixth fiscal
year beginning after the date of enactment of this Act,
and each fiscal year thereafter, the Attorney General
shall award a grant to any eligible entity that--
(i) commits to satisfying the requirements
under section 5;
(ii) certifies that the eligible entity is
in compliance with--
(I) the workload limits developed
by the eligible entity under subsection
(b)(2) of this section; and
(II) the requirements under
subsection (b)(3) of this section; and
(iii) commits to using the grant funds for
public defense.
(2) Amount.--In applying for a grant under paragraph (1),
an eligible entity shall request a grant amount that takes into
account--
(A) any technology and training required to meet
the requirements under subsection (b)(1); and
(B) the size of the justice system--
(i) that the entity administers or in which
the entity participates, as applicable,
relative to the size of other justice systems
in--
(I) the United States, if the
entity is a State or a public
defender's office of a State; or
(II) the State in which the entity
is located, if the entity is a unit of
local government or a public defender's
office of a unit of local government;
or
(ii) of the Indian Tribe, if the entity is
a Tribal organization or a public defender's
office of a Tribal organization.
(b) Requirements.--The requirements for an eligible entity under
this subsection are as follows:
(1) Data collection.--
(A) Process.--During the first fiscal year for
which the eligible entity receives a covered grant, the
eligible entity shall develop and implement a process
for collecting the following data for full-time
attorneys employed by each applicable public defender's
office during the fiscal year:
(i) The mean and median number of hours per
month worked per attorney.
(ii) The mean and median percentage of
hours per month spent with clients per
attorney, excluding court appearances.
(iii) The mean and median percentage of
hours per month spent in court proceedings per
attorney.
(iv) The mean and median percentage of
hours spent per month by a attorney on--
(I) investigation;
(II) research;
(III) writing; and
(IV) preparation.
(v) The amount of attorney turnover, broken
down by the level of experience and length of
employment of the attorney.
(vi) The number of open cases as of the
last day of the fiscal year, broken down by--
(I) case type, including by--
(aa) the dominant charge;
and
(bb) each peripheral
charge;
(II) the attorney, who shall be
identified using an anonymized unique
identifier;
(III) the date on which the
attorney was appointed to the case; and
(IV) the date on which the attorney
first met with the client.
(vii) The number of cases closed during the
fiscal year, broken down by--
(I) case type, including by--
(aa) the dominant charge;
and
(bb) each peripheral
charge;
(II) the attorney, who shall be
identified using an anonymized unique
identifier;
(III) the date on which the case
was referred to the public defender's
office;
(IV) the date on which the attorney
was appointed to the case; and
(V) the date on which the case was
closed.
(B) Collection and submission requirement.--For the
second fiscal year, and each subsequent fiscal year,
for which an eligible entity receives a covered grant,
the eligible entity shall--
(i) collect the data described in
subparagraph (A) with respect to that fiscal
year; and
(ii) submit the data to the Attorney
General.
(2) Workload limits.--
(A) Development of workload limits.--During the
second fiscal year for which the eligible entity
receives a covered grant, the eligible entity shall
develop workload limits, based on the data collected
under paragraph (1), that provide each full-time public
defender employed by an applicable public defender's
office with sufficient time to provide--
(i) reasonably effective assistance of
counsel pursuant to prevailing professional
norms; and
(ii) competent representation pursuant to
applicable rules of professional
responsibility.
(B) Periodic updates.--If the eligible entity
receives covered grants under subsection (a)(1)(B), the
eligible entity shall review and, as necessary, update
the limits developed under subparagraph (A) of this
paragraph not less frequently than once every 10 fiscal
years.
(3) Public defender compensation.--During the sixth fiscal
year, and each subsequent fiscal year, for which the eligible
entity receives a covered grant, the eligible entity shall
satisfy the following requirements with respect to employees of
each applicable public defender's office (or, in the case of
subparagraph (D), with respect to each private attorney
appointed by an applicable court):
(A) The rate and basis of compensation of the chief
public defender shall be equivalent to the rate and
basis of compensation of the corresponding chief
prosecutor.
(B) The rate and basis of compensation of an entry-
level full-time staff attorney shall be equivalent to
the rate and basis of compensation of an entry-level
full-time staff attorney employed by the corresponding
prosecutor's office.
(C) The rate and basis of compensation of a non-
entry-level full-time staff attorney shall be
equivalent to the greater of--
(i) the rate and basis of compensation of a
full-time staff attorney employed by the
corresponding prosecutor's office who has the
same number of years of experience working as a
criminal attorney; or
(ii) the rate and basis of compensation of
a full-time staff attorney employed by the
corresponding prosecutor's office who has an
equivalent supervisory or managerial role.
(D) In the case of an eligible entity that is not a
public defender's office, the rate of compensation of a
private attorney appointed by an applicable court to
represent a defendant shall be equivalent to the rate
of compensation of an attorney appointed under section
3006A of title 18, United States Code, by the United
States district court for the Federal judicial district
in which the applicable court is located, for the same
or a similar type of case.
(E) The rate and basis of compensation of a full-
time investigator shall be equivalent to the rate and
basis of compensation of a full-time investigator
employed by the corresponding prosecutor's office who
has the same number of years of experience working as
an investigator.
(F) The rate and basis of compensation of a full-
time paralegal shall be equivalent to the rate and
basis of compensation of a full-time paralegal employed
by the corresponding prosecutor's office who has the
same number of years of experience working as a
paralegal.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section--
(1) $250,000,000 for each of the first 5 fiscal years
beginning after the date of enactment of this Act; and
(2) such sums as may be necessary for each fiscal year
thereafter.
SEC. 5. PROGRESS REPORTS; CERTIFICATIONS.
(a) Progress Reports.--For each of the first 5 fiscal years for
which a State or Tribal organization receives a covered grant, the
State or Tribal organization shall submit a report to the Attorney
General that--
(1) documents the progress of the State or Tribal
organization in meeting the requirements under section 4(b)(3);
(2) provides a formal accounting of total amounts expended
on public defense during the fiscal year by the--
(A) State, including each unit of local government
in the State; or
(B) Tribal organization;
(3) provides a formal accounting of total amounts expended
on prosecution during the fiscal year by the--
(A) State, including each unit of local government
in the State; or
(B) Tribal organization; and
(4) documents the progress of the State, including each
unit of local government in the State, or Tribal organization
in achieving overall resource parity between prosecution and
public defense.
(b) Certifications.--
(1) Data collection process.--For the first fiscal year for
which an eligible entity receives a covered grant, the eligible
entity shall submit to the Attorney General a certification
that the eligible entity has developed and implemented a data
collection process in accordance with section 4(b)(1)(A).
(2) Workload limits.--
(A) Compliance.--Subject to subparagraph (B), for
the third fiscal year for which an eligible entity
receives a covered grant, and each fiscal year
thereafter, the eligible entity shall submit to the
Attorney General a certification that the eligible
entity has complied with the workload limits developed
under section 4(b)(2).
(B) Requirement.--If an eligible entity is unable
to certify under subparagraph (A) that the eligible
entity has complied with the workload limits developed
under section 4(b)(2)--
(i) the eligible entity shall report to the
Attorney General the number of additional
public defenders and the amount of additional
funding needed to ensure compliance with the
limits developed under that section; and
(ii) the Attorney General shall factor the
information provided under clause (i) into the
amount of the covered grant awarded to the
eligible entity for the following fiscal year.
(3) Compensation parity.--For the sixth fiscal year, and
each subsequent fiscal year, for which an eligible entity
receives a covered grant, the eligible entity shall submit to
the Attorney General a certification that the eligible entity
is in compliance with section 4(b)(3).
SEC. 6. REQUIREMENTS FOR STATES RECEIVING BYRNE JAG FUNDS.
(a) Data Collection.--
(1) In general.--For any fiscal year beginning after the
date of enactment of this Act, a State that receives funds
under subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.)
shall submit to the Attorney General data on the following 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 year:
(A) The number of cases for which a defendant
waived his or her right to counsel, and the number of
charges in each case, broken down by race, ethnicity,
and gender of the defendant.
(B) The number of cases for which a defendant was
represented in court by counsel who was publicly
appointed, broken down by--
(i) public defender, court-appointed
private attorney, or contract attorney, and the
number of charges in each case; and
(ii) race, ethnicity, and gender of the
defendant.
(C) The number of cases for which a defendant was
represented in court by counsel who was not publicly
appointed, and the number of charges in each case,
broken down by race, ethnicity, and gender of the
defendant.
(2) Applicable criminal offenses.--A State shall submit
data under paragraph (1) with respect to--
(A) criminal offenses for which a term of
imprisonment of more than 1 year may be imposed;
(B) criminal offenses for which a term of
imprisonment of 1 year or less may be imposed,
including misdemeanors, traffic violations, and
violations of municipal ordinances; and
(C) acts of juvenile delinquency or juvenile status
offenses for which any term of detention may be
imposed.
(3) Withholding of funds.--If a State does not comply with
paragraph (1) or (2) for a fiscal year, the Attorney General
shall withhold from the State 20 percent of the funds that
would otherwise be allocated to the State for the following
fiscal year under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et
seq.).
SEC. 7. FUNDING TO TRAIN PUBLIC DEFENDERS.
(a) Definition.--In this section, the term ``eligible entity''
means an entity that--
(1) is--
(A) an organization--
(i) described in paragraph (3) or (6) of
section 501(c) of the Internal Revenue Code of
1986 and exempt from taxation under section
501(a) of such Code; or
(ii) funded by a State or unit of local
government; or
(B) a State, unit of local government, Indian
Tribal government, or political subdivision of an
Indian Tribe; and
(2) has a comprehensive educational program specific to
public defenders that offers--
(A) ongoing training and support; and
(B) programming that includes--
(i) skills training, including pretrial
practice, negotiation skills, and trial skills;
(ii) client-centered values;
(iii) implicit bias training;
(iv) leadership development; and
(v) ongoing support to reinforce the
training curriculum.
(b) Grants.--The Attorney General shall award grants to eligible
organizations to be used to train public defenders, court-appointed
private attorneys, and contract attorneys.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$5,000,000 for each of the first 5 fiscal years beginning after the
date of enactment of this Act.
SEC. 8. ENHANCEMENT OF STUDENT LOAN REPAYMENT PROGRAM.
(a) Reauthorization.--Section 3001(j) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(j)) is
amended--
(1) by striking ``this section $25,000,000'' and inserting
the following: ``this section--
``(1) $25,000,000''; and
(2) by striking the period at the end and inserting the
following: ``; and
``(2) $75,000,000 for each of fiscal years 2019 through
2022.''.
(b) Increasing Limits on Repayment Amount.--Section 3001(d)(3)(A)
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10671(d)(3)(A)) is amended--
(1) in clause (i), by striking ``$10,000'' and inserting
``$35,000''; and
(2) in clause (ii), by striking ``$60,000'' and inserting
``$200,000''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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