II 111th CONGRESS 2d Session S. 3842 IN THE SENATE OF THE UNITED STATES September 27, 2010 Mr. Leahy (for himself, Mr. Franken, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect crime victims’ rights, to eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop new training programs regarding the collection and use of DNA evidence, to provide post conviction testing of DNA evidence to exonerate the innocent, to improve the performance of counsel in State capital cases, and for other purposes.
1.
Short title
This Act may be cited as the Justice for All Reauthorization Act of 2010.
2.
Crime victims' rights
Section 3771 of title 18, United States Code, is amended— (1)in subsection (a), by adding at the end the following: (9)The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice. ; (2)in subsection (d)(3), in the fifth sentence, by inserting , unless the litigants, with the approval of the court, have stipulated to a different time period for consideration before the period; and (3)in subsection (e)— (A)by striking this chapter, the term and inserting the following: “this chapter: (1)
Court of appeals
The term court of appeals means— (A)for a violation of the United States Code, the United States court of appeals for the judicial district in which a defendant is being prosecuted; and (B)for a violation of the District of Columbia Code, the District of Columbia Court of Appeals. (2)
Crime victim
(A)
In general
The term ; (B)by striking In the case and inserting the following: (B)
Minors and certain other victims
In the case ; and (C)by adding at the end the following: (3)
District court; court
The terms district court and court include the Superior Court of the District of Columbia. .
3.
Authorization of appropriations for grants for crime victims
(a)
Crime victims legal assistance grants
Section 103(b) of the Justice for All Act of 2004 (Public Law 108–405; 118 Stat. 2264) is amended— (1)in paragraph (1), by striking $2,000,000 and all that follows through 2009 and inserting $5,000,000 for each of fiscal years 2011, 2012, 2013, 2014, and 2015; (2)in paragraph (2), by striking $2,000,000 and all that follows through 2009, and inserting $5,000,000 for each of fiscal years 2011, 2012, 2013, 2014, and 2015; (3)in paragraph (3), by striking $300,000 and all that follows through 2009, and inserting $500,000 for each of fiscal years 2011, 2012, 2013, 2014, and 2015; (4)in paragraph (4), by striking $7,000,000 and all that follows through 2009, and inserting $11,000,000 for each of fiscal years 2011, 2012, 2013, 2014, and 2015; and (5)in paragraph (5), by striking $5,000,000 and all that follows through 2009, and inserting $7,000,000 for each of fiscal years 2011, 2012, 2013, 2014, and 2015. (b)
Crime victims notification grants
Section 1404E(c) of the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is amended by striking this section— and all that follows and inserting this section $5,000,000 for each of the fiscal years 2011, 2012, 2013, 2014 and 2015..
4.
Debbie Smith DNA Backlog Grant Program
(a)
In general
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended to read as follows:
2.
The Debbie Smith DNA Backlog Grant Program
(a)
Definitions
In this section— (1)the term backlog for DNA case work has the meaning given that term by the Director, in accordance with subsection (b)(3); (2)the term Combined DNA Index System means the Combined DNA Index System of the Federal Bureau of Investigation; (3)the term Director means the Director of the National Institute of Justice; (4)the term emergency response provider has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); and (5)the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (b)
Establishment of protocols, technical assistance, and definitions of evidence backlog for DNA case work
(1)
Protocols and practices
Not later than 18 months after the date of enactment of the Justice for All Reauthorization Act of 2010, the Director shall develop and publish a description of protocols and practices the Director considers appropriate for the accurate, timely, and effective collection and processing of DNA evidence, including protocols and practices specific to sexual assault cases, which shall address appropriate steps in the investigation of cases that might involve DNA evidence, including— (A)how to determine— (i)which evidence is to be collected by law enforcement personnel and forwarded for testing; (ii)the preferred order in which evidence from the same case is to be tested; and (iii)the preferred order in which evidence from different cases is to be tested; (B)the establishment of a reasonable period of time in which evidence is to be forwarded by emergency response providers, law enforcement personnel, and prosecutors to a laboratory for testing; (C)the establishment of reasonable periods of time in which each stage of analytical laboratory testing is to be completed; and (D)systems to encourage communication within a State or unit of local government among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested. (2)
Technical assistance and training
The Director shall make available technical assistance and training to support States and units of local government in adopting and implementing the protocols and practices developed under paragraph (1) on and after the date on which the protocols and practices are published. (3)
Definition of backlog for DNA case work
The Director shall develop and publish a definition of the term backlog for DNA case work for purposes of this section— (A)taking into consideration the different stages at which a backlog may develop, including the investigation and prosecution of a crime by law enforcement personnel, prosecutors, and others, and the laboratory analysis of crime scene samples; and (B)which may include different criteria or thresholds for the different stages. (c)
Authorization of grants for the collection and processing of DNA evidence by law enforcement
(1)
Purpose
The Attorney General may make grants to States or units of local government which may be used to— (A)ensure that the collection and processing of DNA evidence from crimes, including sexual assault and other serious violent crimes, is carried out in an appropriate and timely manner; (B)eliminate existing backlogs for DNA case work, including backlogs from sexual assault cases; and (C)ensure effective communication among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested. (2)
Application
A State or unit of local government desiring a grant under this subsection shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require, which shall include— (A)providing assurances that the State or unit of local government has implemented, or will implement not later than 120 days after the date of the application, a comprehensive plan for the expeditious collection and processing of DNA evidence in accordance with this section; and (B)specifying the percentage of the amounts received under the grant that the State or unit of local government shall use for the purpose specified in each of subparagraphs (A), (B), and (C) of paragraph (1). (3)
Collection and processing of samples
A plan described in paragraph (2)(A)— (A)shall require a State or unit of local government to— (i)adopt the appropriate protocols and practices developed under subsection (b)(1); and (ii)ensure that emergency response providers, law enforcement personnel, prosecutors, and crime laboratory personnel within the jurisdiction of the State or unit of local government receive training on the content and appropriate use of the protocols and practices; and (B)may include the development and implementation within the State or unit of local government of an evidence tracking system to ensure effective communication among emergency response providers, law enforcement personnel, prosecutors, defense counsel, courts, crime laboratory personnel, and crime victims regarding the status of crime scene evidence subject to DNA analysis. (4)
Reporting and publication of DNA backlogs
(A)
In general
A plan described in paragraph (2)(A) shall require a State or unit of local government to submit to the Attorney General an annual report reflecting the current backlog for DNA case work within the jurisdiction in which the funds are used, which shall include— (i)a specific breakdown of the number of sexual assault cases that are in a backlog for DNA case work and the percentage of the amounts received under the grant allocated to reducing the backlog of DNA case work in sexual assault cases; (ii)for each case that is in a backlog for DNA case work, the identity of each agency, office, or contractor of the State or unit of local government in which work necessary to complete the DNA analysis is pending; and (iii)any other information the Attorney General determines appropriate. (B)
Compilation
The Attorney General shall annually compile and publish the reports submitted under subparagraph (A) on the website of the Department of Justice. (d)
Authorization of grants for DNA testing and analysis by laboratories
(1)
Purpose
The Attorney General may make grants to States or units of local government to— (A)carry out, for inclusion in the Combined DNA Index System, DNA analyses of samples collected under applicable legal authority; (B)carry out, for inclusion in the Combined DNA Index System, DNA analyses of samples from crime scenes, including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect; (C)increase the capacity of laboratories owned by the State or unit of local government to carry out DNA analyses of samples specified in subparagraph (A) or (B); (D)collect DNA samples specified in subparagraph (A); and (E)ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner. (2)
Application
A State or unit of local government desiring a grant under this subsection shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require, which shall include— (A)providing assurances that the State or unit of local government has implemented, or will implement not later than 120 days after the date of the application, a comprehensive plan for the expeditious DNA analysis of samples in accordance with this section; (B)certifying that each DNA analysis carried out under the plan shall be maintained in accordance with the privacy requirements described in section 210304(b)(3) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132(b)(3)); (C)specifying the percentage of the amounts received under the grant that the State or unit of local government shall use to carry out DNA analyses of samples described in paragraph (1)(A) and the percentage of the amounts the State or unit of local government shall use to carry out DNA analyses of samples described in paragraph (1)(B); (D)specifying the percentage of the amounts received under the grant that the State or unit of local government shall use for a purpose described in paragraph (1)(C); (E)if submitted by a unit of local government, certifying that the unit of local government has taken, or is taking, all necessary steps to ensure that the unit of local government is eligible to include in the Combined DNA Index System, directly or through a State law enforcement agency, all analyses of samples for which the unit of local government has requested funding; and (F)specifying the percentage of the amounts received under the grant that the State or unit of local government shall use for the purpose described in paragraph (1)(D). (3)
Analysis of samples
(A)
In general
A plan described in paragraph (2)(A) shall require that, except as provided in subparagraph (C), each DNA analysis be carried out in a laboratory that— (i)satisfies quality assurance standards; and (ii)is— (I)operated by the State or a unit of local government; or (II)operated by a private entity pursuant to a contract with the State or a unit of local government. (B)
Quality assurance standards
(i)
In general
The Director of the Federal Bureau of Investigation shall maintain and make available to States and units of local government a description of quality assurance protocols and practices that the Director of the Federal Bureau of Investigation considers adequate to assure the quality of a forensic laboratory. (ii)
Existing standards
For purposes of this paragraph, a laboratory satisfies quality assurance standards if the laboratory satisfies the quality control requirements described in paragraphs (1) and (2) of section 210304(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132(b)). (4)
Use of vouchers or contracts for certain purposes
(A)
In general
A grant for a purpose specified in subparagraph (A), (B), (E), or (F) of paragraph (1) may be made in the form of a voucher or contract for laboratory services, even if the laboratory makes a reasonable profit for the services. (B)
Redemption
A voucher or contract under subparagraph (A) may be redeemed at a laboratory operated on a nonprofit or for-profit basis, by a private entity that satisfies quality assurance standards and has been approved by the Attorney General. (C)
Payments
The Attorney General may use amounts appropriated to carry out this section to make payments to a laboratory described under subparagraph (B). (5)
Reporting and publication of DNA backlogs
(A)
In general
A plan described in paragraph (2)(A) shall require the State or unit of local government to submit to the Attorney General an annual report reflecting the backlog for DNA case work within the jurisdiction in which the funds will be used, which shall include— (i)a specific breakdown of the number of sexual assault cases that are in a backlog for DNA case work and the percentage of the amounts received under the grant allocated to reducing the backlog of DNA case work in sexual assault cases; (ii)for each case that is in a backlog for DNA case work, the identity of each agency, office, or contractor of the State or unit of local government in which work necessary to complete the DNA analysis is pending; and (iii)any other information the Attorney General determines appropriate. (B)
Compilation
The Attorney General shall annually compile and publish the reports submitted under subparagraph (A) on the website of the Department of Justice. (e)
Formula for distribution of grants
(1)
In general
Subject to paragraphs (2) and (3), the Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among States and units of local government applying for grants under this section that— (A)maximizes the effective use of DNA technology to solve crimes and protect public safety; and (B)allocates grants among States and units of local government fairly and efficiently, across rural and urban jurisdictions, to address States and units of local government in which significant backlogs for DNA case work exist, by considering— (i)the number of offender and casework samples awaiting DNA analysis in a State or unit of local government; (ii)the population in the State or unit of local government; (iii)the number of part 1 violent crimes in the State or unit of local government; and (iv)the availability of resources to train emergency response providers, law enforcement personnel, prosecutors, and crime laboratory personnel on the effectiveness of appropriate and timely DNA collection, processing, and analysis. (2)
Minimum amount
The Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total amount appropriated in a fiscal year for grants under this section. (3)
Limitation
In distributing grant amounts under paragraph (1), the Attorney General shall ensure that for each of fiscal years 2011 through 2015, not less than 40 percent of the grant amounts are awarded for purposes described in subsection (d)(1)(B). (f)
Restrictions on use of fund
(1)
Nonsupplanting
Funds made available under this section shall not be used to supplant funds of a State or unit of local government, and shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from the State or unit of local government for the purposes described in this Act. (2)
Administrative costs
A State or unit of local government may not use more than 3 percent of the amounts made available under a grant under this section for administrative expenses relating to the grant. (g)
Reports to the Attorney General
Each State or unit of local government that receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section are expended, a report at such time and in such manner as the Attorney General may reasonably require, that contains— (1)a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2)such other information as the Attorney General may require. (h)
Reports to Congress
Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to Congress a report that includes— (1)the aggregate amount of grants made under this section to each State or unit of local government for the fiscal year; (2)a summary of the information provided by States or units of local government receiving grants under this section; and (3)a description of the priorities and plan for awarding grants among eligible States and units of local government, and how the plan will ensure the effective use of DNA technology to solve crimes and protect public safety. (i)
Expenditure records
(1)
In general
Each State or unit of local government that receives a grant under this section shall keep such records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2)
Access
Each State or unit of local government that receives a grant under this section shall make available, for the purpose of audit and examination, any records relating to the receipt or use of the grant. (j)
Use of funds for accreditation and audits
The Attorney General may distribute not more than 1 percent of the amounts made available for grants under this section for a fiscal year— (1)to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation; (2)in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community to— (A)defray the costs of external audits of laboratories operated by the State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards; (B)assess compliance with any plans submitted to the Director that detail the use of funds received by States or units of local government under this section; and (C)support capacity building efforts; and (3)in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System. (k)
Use of funds for other forensic sciences
The Attorney General may make a grant under this section to a State or unit of local government to alleviate a backlog of cases with respect to a forensic science other than DNA analysis if the State or unit of local government— (1)certifies to the Attorney General that in such State or unit— (A)all of the purposes set forth in subsections (c) and (d) have been met; (B)there is not a backlog for DNA case work, as defined by the Director in accordance with subsection (b)(3); and (C)there is no need for significant laboratory equipment, supplies, or additional personnel for timely processing of DNA case work or offender samples; and (2)demonstrates to the Attorney General that the State or unit of local government requires assistance in alleviating a backlog of cases involving a forensic science other than DNA analysis. (l)
External audits and remedial efforts
If a laboratory operated by a State or unit of local government which has received funds under this section has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of the audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with the standards, the State or unit of local government shall implement any such remediation as soon as practicable. (m)
Penalty for noncompliance
(1)
In general
The Attorney General shall annually compile a list of the States and units of local government receiving a grant under this section that have failed to provide the information required under subsection (c)(4)(A), (d)(5)(A), or (g). The Attorney General shall publish each list complied under this paragraph on the website of the Department of Justice. (2)
Reduction in grant funds
For any State or local government that the Attorney General determines has failed to provide the information required under subsection (c)(4)(A), (d)(5)(A), or (g), the Attorney General may not award a grant under this section for the fiscal year after the fiscal year to which the determination relates in an amount that is more than 50 percent of the amount the State or local government would have otherwise received. (n)
Authorization of appropriations
There are authorized to be appropriated to the Attorney General for grants under subsections (c) and (d) $151,000,000 for each of fiscal years 2011 through 2015.
. (b)
Report
(1)
In general
Not later than 90 days after the date of enactment of this Act, the Director of the Federal Bureau of Investigation shall evaluate the policies, standards, and protocols relating to the use of private laboratories in the analysis of DNA evidence, including the mandatory technical review of all outsourced DNA evidence by public laboratories prior to uploading DNA profiles into the Combined DNA Index System of the Federal Bureau of Investigation. The evaluation shall take into consideration the need to reduce DNA evidence backlogs while guaranteeing the integrity of the Combined DNA Index System. (2)
Report to Congress
Not later than 30 days after the date on which the Director of the Federal Bureau of Investigation completes the evaluation under paragraph (1), the Director shall submit to Congress a report of the findings of the evaluation and any proposed policy changes. (c)
Transition provision
(1)
Definition
In this subsection, the term transition date means the day after the latter of— (A)the date on which the Director of the National Institute of Justice publishes a definition of the term backlog for DNA case work in accordance with section 2(b)(3) of the DNA Analysis Backlog Elimination Act of 2000, as amended by subsection (a); and (B)the date on which the Director of the National Institute of Justice publishes a description of protocols and practices in accordance with section 2(b)(1) of the DNA Analysis Backlog Elimination Act of 2000, as amended by subsection (a). (2)
Grant authority
Notwithstanding the amendments made by subsection (a)— (A)the Attorney General may make grants under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135), as in effect on the day before the date of enactment of this Act, until the transition date; and (B)the Attorney General may not make a grant under section 2 of the DNA Analysis Backlog Elimination Act of 2000, as amended by subsection (a), until the transition date.
5.
Rape exam payments
Section 2010 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended— (1)in subsection (a)(1)— (A)by striking entity incurs the full and inserting the following: “entity— (A)incurs the full ; (B)by striking the period at the end and inserting ; and; and (C)by adding at the end the following: (B)coordinates with regional health care providers to notify victims of sexual assault of the availability of rape exams at no cost to the victims. ; (2)in subsection (b)— (A)in paragraph (1), by adding or at the end; (B)in paragraph (2), by striking ; or and inserting a period; and (C)by striking paragraph (3); and (3)in subsection (d), by striking (d) Rule of Construction.— and all that follows through the end of paragraph (1) and inserting the following: (d)
Noncooperation
(1)
In general
To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with subsection (b) without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement. .
6.
Additional reauthorizations
(a)
DNA research and development
Section 305(c) of the Justice for All Act of 2004 (42 U.S.C. 14136b(c)) is amended by striking fiscal years 2005 through 2009 and inserting fiscal years 2011 through 2015. (b)
FBI DNA programs
Section 307(a) of the Justice for All Act of 2004 (Public Law 108–405; 118 Stat. 2275) is amended by striking fiscal years 2005 through 2009 and inserting fiscal years 2011 through 2015. (c)
DNA Identification of missing persons
Section 308(c) of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is amended by striking fiscal years 2005 through 2009 and inserting fiscal years 2011 through 2015.
7.
Paul Coverdell Forensic Sciences Improvement Grants
Section 1001(a)(24) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended— (1)in subparagraph (H), by striking and at the end; (2)in subparagraph (I), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (K)$35,000,000 for each of fiscal years 2011 through 2015. .
8.
Improving the quality of representation in State capital cases
Section 426 of the Justice for All Act of 2004 (42 U.S.C. 14163e) is amended— (1)in subsection (a), by striking $75,000,000 for each of fiscal years 2005 through 2009 and inserting $50,000,000 for each of fiscal years 2011 through 2015; and (2)in subsection (b), by inserting before the period at the end the following: , or upon a showing of good cause, and at the discretion of the Attorney General, the State may determine a fair allocation of funds across the uses described in sections 421 and 422..
9.
Post-conviction DNA testing
(a)
In general
Section 3600 of title 18, United States Code, is amended— (1)in subsection (a)— (A)in paragraph (1)(B)(i), by striking death; and (B)in paragraph (3)(A), by striking and the applicant did not— and all that follows through knowingly fail to request and inserting and the applicant did not knowingly fail to request; and (2)in subsection (g)(2)(B), by striking death. (b)
Preservation of biological evidence
Section 3600A(c) of title 18, United States Code, is amended— (1)by striking paragraph (2); and (2)by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.
10.
Incentive grants to States to ensure consideration of claims of actual innocence
(a)
In general
Section 413 of the Justice for All Act of 2004 (42 U.S.C. 14136 note) is amended— (1)in the matter preceding paragraph (1), by striking fiscal years 2005 through 2009 and inserting fiscal years 2011 through 2015; and (2)by striking paragraph (2) and inserting the following: (2)provide a certification by the chief legal officer of the State in which the eligible entity operates or the chief legal officer of the jurisdiction in which the funds will be used for the purposes of the grants, that the State or jurisdiction— (A)provides DNA testing of specified evidence under a State statute to persons convicted after trial and under a sentence of imprisonment or death for a State felony offense, in a manner that ensures a reasonable process for resolving claims of actual innocence consistent with section 3600(a) of title 18, United States Code (which may include making post-conviction DNA testing available in cases in which the testing would not be required under that section) and, if the results of the testing exclude the applicant as the perpetrator of the offense, permits the applicant to apply for post-conviction relief, notwithstanding any provision of law that would otherwise bar the application as untimely; and (B)preserves biological evidence under a State statute or a State or local rule, regulation, or practice in a manner intended to ensure that reasonable measures are taken by the State or jurisdiction to preserve biological evidence secured in relation to the investigation or prosecution of a State felony offense (including, at a minimum murder, non-negligent manslaughter and sexual offenses) in a manner consistent with section 3600A of title 18, United States (which may require preservation of biological evidence for longer than the period of time that the evidence would be required to be preserved under that section). . (b)
Authorization of appropriations
Section 412(b) of the Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended— (1)by striking fiscal years 2005 through 2009 and inserting fiscal years 2011 through 2015; and (2)by striking $5,000,000 and inserting $10,000,000.
11.
Establishment of national standards promulgated by NIJ
(a)
In general
Subtitle A of title IV of the Justice for All Act of 2004 (Public Law 108–405; 118 Stat. 2278) is amended by adding at the end the following:
414.
Establishment of national standards promulgated by NIJ
(a)
In general
The Director of the National Institute of Justice shall— (1)establish best practices for evidence retention; and (2)assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1). (b)
Deadline
Not later than 1 year after the date of enactment of this section, the Director of the National Institute of Justice shall publish the best practices established under subsection (a)(1).
. (b)
Technical and conforming amendment
The table of contents in section 1(b) of the Justice for All Act of 2004 (Public Law 108–405; 118 Stat. 2260) is amended by inserting after the item relating to section 413 the following: Sec. 414. Establishment of national standards promulgated by NIJ. .
12.
Effective administration of criminal justice
(a)
Short title
This section may be cited as the Effective Administration of Criminal Justice Act of 2010. (b)
Strategic planning
Section 502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is amended— (1)by inserting (a) In General.— before To request a grant; and (2)by adding at the end the following: (6)A comprehensive State-wide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall— (A)be designed in consultation with local governments, and all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services; (B)include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); (C)describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions; and (D)be updated every 5 years, with annual progress reports that— (i)address changing circumstances in the State, if any; (ii)describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); (iii)provide an ongoing assessment of need; (iv)discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and (v)reflect how the plan influenced funding decisions in the previous year. (b)
Technical assistance
(1)
Strategic planning
Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). (2)
Protection of constitutional rights
Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include— (A)public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and (B)assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. (3)
Authorization of appropriations
There is authorized to be appropriated $5,000,000 for each of fiscal years 2011 through 2015 to carry out this subsection. . (c)
Protection of constitutional rights
(1)
Unlawful conduct
It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by officials or employees of any governmental agency with responsibility for the administration of justice, including the administration of programs or services that provide appointed counsel to indigent defendants, that deprives persons of their rights to assistance of counsel as protected under the Sixth Amendment and Fourteenth Amendment to the Constitution of the United States. (2)
Civil action by Attorney General
Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) has occurred, the Attorney General, for or in the name of the United States, may, in a civil action, obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. (3)
Effective date
This subsection shall take effect 2 years after the date of enactment of this Act.