[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 850 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 850

To incentivize States and localities to improve access to justice, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2023

Mr. Booker (for himself and Mr. Durbin) 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 ``Providing a Quality Defense Act of 
2023'' or the ``Quality Defense Act of 2023''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to protect the constitutional rights to due process and 
        a fair criminal prosecution under the Fifth, Sixth, and 
        Fourteenth Amendments to the Constitution of the United States, 
        including the right to counsel, in State and local courts, as 
        articulated by the Supreme Court of the United States in Gideon 
        v. Wainwright, 372 U.S. 335 (1963), and its progeny;
            (2) to protect the right to counsel for juveniles in 
        delinquency proceedings, including the determination of whether 
        a juvenile should be tried as an adult, under the Due Process 
        Clause of the Fourteenth Amendment as articulated by the 
        Supreme Court in In re Gault, 387 U.S. 1 (1967);
            (3) to collect data related to public defense in order to 
        facilitate evidence-based reforms and improvements; and
            (4) 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 defense.

SEC. 3. DEFINITIONS.

    In this Act, except as otherwise provided in section 7:
            (1) 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.
            (2) 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 
        client.
            (3) Case.--The term ``case'' includes all charges against 
        an individual involved in a single incident of alleged criminal 
        or delinquent conduct.
            (4) 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 or local 
                law:
                            (i) Juvenile.
                            (ii) Misdemeanor.
                            (iii) Felony for which the death penalty 
                        may be imposed.
                            (iv) Felony for which a sentence of up to 
                        life imprisonment may be imposed.
                            (v) Felony not described in clause (iii) or 
                        (iv).
                            (vi) Violation of probation or parole.
                            (vii) School proceeding.
                            (viii) Other.
                    (B) Multiple charges.--If a case involves multiple 
                charges, the case type shall be determined according to 
                the most serious charge under the applicable State or 
                local law.
            (5) Corresponding prosecutor's office.--The term 
        ``corresponding prosecutor's office'', with respect to a public 
        defender's office or panel attorneys, means a prosecutorial 
        unit that appears adverse to the public defender's office or 
        panel attorneys in criminal proceedings.
            (6) Data grant.--The term ``data grant'' means a grant 
        awarded under section 4(a)(1).
            (7) Eligible entity.--The term ``eligible entity'' means a 
        State, unit of local government, Tribal organization, public 
        defender's office, or assigned counsel program that--
                    (A) in the case of an application for a data grant, 
                has not, as of the date of application, developed and 
                implemented a data collection process that meets the 
                requirements under section 4(b)(2); and
                    (B) in the case of an application for a hiring 
                grant, as of the date of the application, has--
                            (i) received a data grant; and
                            (ii) fulfilled the requirements of the data 
                        grant.
            (8) Hiring grant.--The term ``hiring grant'' means a grant 
        awarded under section 4(a)(2).
            (9) Most serious charge.--The term ``most serious charge'', 
        with respect to a case that involves multiple charges, means 
        the charge that carries the most severe or lengthy maximum 
        penalty.
            (10) Panel attorney.--The term ``panel attorney'' means a 
        private attorney assigned by the court who serves the same 
        function as a public defender, without regard to whether the 
        role is full-time or part-time.
            (11) 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).
            (12) 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).
            (13) 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.
            (14) Resolution.--The term ``resolution'', with respect to 
        a case, means the manner in which the case concludes, including 
        by--
                    (A) dismissal by the prosecutor;
                    (B) dismissal based on a motion, such as a motion 
                to suppress evidence;
                    (C) a plea agreement at first appearance;
                    (D) a plea agreement entered into at any point in 
                the criminal prosecution other than first appearance;
                    (E) diversion; or
                    (F) a bench or jury trial and the outcome of the 
                trial, including the sentence if the defendant is 
                convicted of any offense charged.
            (15) Secondary charge.--The term ``secondary charge'', with 
        respect to a case that involves multiple charges, means any 
        charge that is not the most serious charge.
            (16) 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).
            (17) 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)).
            (18) 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.--The Attorney General may award a grant to an 
eligible entity to--
            (1) develop, implement, and update a data collection 
        process under subsection (b)(2); or
            (2) hire additional public defense attorneys or carry out 
        related activities under subsection (c)(3).
    (b) Data Grants.--
            (1) Term.--The term of a data grant shall be 3 fiscal 
        years.
            (2) 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 office, and for panel attorneys 
        within the jurisdiction of the eligible entity, during each 
        fiscal year of the grant period:
                    (A) The mean number of hours per month worked per 
                attorney.
                    (B) The mean number of hours spent per month by an 
                attorney on--
                            (i) discovery and investigation, including 
                        witness interviews;
                            (ii) court time, including preparation and 
                        appearances;
                            (iii) client communication and care;
                            (iv) research and writing, including 
                        motions practice; and
                            (v) administrative work.
                    (C) The number of cases handled, broken down by--
                            (i) case type, including by--
                                    (I) the most serious charge; and
                                    (II) each secondary charge;
                            (ii) the race, ethnicity, age, and gender 
                        of the client;
                            (iii) the date on which the attorney was 
                        appointed to the case;
                            (iv) whether the case remained open as of 
                        the last day of the fiscal year, and if not, 
                        the date on which the case was closed; and
                            (v) the resolution of the case, if the case 
                        was concluded by the last day of the fiscal 
                        year.
                    (D) Any other information as the Attorney General 
                determines appropriate.
            (3) Renewal.--Upon application from an eligible entity that 
        received a data grant, 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 grant.
    (c) Hiring Grants.--
            (1) Application requirements.--An eligible entity desiring 
        a hiring grant shall submit to the Attorney General an 
        application that includes, as of the date of the application--
                    (A) the caseload and number of, and pay scale for, 
                attorneys and other staff of each applicable public 
                defender's office; and
                    (B)(i) the number of panel attorneys within the 
                jurisdiction of the eligible entity;
                    (ii) the total number of cases assigned to the 
                attorneys described in clause (i); and
                    (iii) the average number of hours spent on a case 
                by an attorney described in clause (i).
            (2) Term.--The term of a hiring grant shall be 3 years.
            (3) Use of funds.--An eligible entity may use a hiring 
        grant to--
                    (A) hire additional public defenders;
                    (B) increase compensation for public defenders or 
                panel attorneys to achieve pay parity with 
                corresponding prosecutor's offices;
                    (C) hire case workers, social workers, 
                investigators, or paralegals; or
                    (D) establish or fund a loan assistance program for 
                public defenders.
            (4) Supplement, 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 (3) during the grant period.
            (5) Required data collection.--During each fiscal year of 
        the grant period, an eligible entity that receives a hiring 
        grant shall collect the data described in subsection (b)(2).
    (d) Submission Requirement.--Not later than 60 days after the end 
of a fiscal year, an eligible entity that receives a data grant or 
hiring grant shall submit to the Attorney General the data described in 
subsection (b)(2) for that fiscal year.
    (e) Multiple Defendants.--If a prosecutor's charging document 
states that multiple defendants were involved in a single incident of 
alleged criminal or delinquent conduct, each defendant shall be 
considered a separate case for purposes of the collection of data 
described in subsection (b)(2).
    (f) 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. STUDIES.

    (a) Studies.--
            (1) Caseload limits study.--
                    (A) In general.--After the end of the first fiscal 
                year for which data grants are awarded, the Attorney 
                General, acting through the Director of the Bureau of 
                Justice Assistance and the Director of the Office for 
                Access to Justice, shall--
                            (i) conduct a study to analyze the data 
                        submitted to the Attorney General under section 
                        4(d) for that fiscal year related to public 
                        defender and panel attorney caseloads and 
                        correlated outcomes;
                            (ii) review studies, reports, and other 
                        data published or provided by professional 
                        organizations, legal associations, and bar 
                        associations related to public defender and 
                        panel attorney caseloads; and
                            (iii) develop and publish best practices 
                        and recommendations for setting public defender 
                        and panel attorney caseloads based on the 
                        information described in clauses (i) and (ii) 
                        to ensure--
                                    (I) reasonably effective assistance 
                                of counsel pursuant to constitutional 
                                standards and prevailing professional 
                                norms; and
                                    (II) competent representation 
                                pursuant to applicable rules of 
                                professional responsibility.
                    (B) Continuing study.--Not less frequently than 
                once every 5 years, the Attorney General shall--
                            (i) study and review new studies, reports, 
                        or other data as described in subparagraph 
                        (A)(ii); and
                            (ii) update the best practices and 
                        recommendations under subparagraph (A)(iii).
            (2) Compensation study.--Not later than 3 years after the 
        date of enactment of this Act, the Attorney General, acting 
        through the Director of Bureau of Justice Assistance and the 
        Director of the Office for Access to Justice, shall--
                    (A) conduct a national study of public defender 
                salaries and panel attorney rates, using prosecutors' 
                salaries as one benchmark; and
                    (B) develop and publish best practices and 
                recommendations relating to compensation of public 
                defenders and panel attorneys.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary to 
carry out this section.

SEC. 6. STATE DATA COLLECTION.

    (a) 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. 10151 et seq.) may submit to the Office for Access to 
Justice of the Department of Justice data on, 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, the number of cases for which a 
defendant was represented in court by a public defender or panel 
attorney, broken down by--
            (1) the most serious charge and the total number of 
        secondary charges in each case; and
            (2) race, ethnicity, age, and gender of the defendant.
    (b) Applicable Criminal Offenses.--A State that elects to submit 
data under subsection (a) shall include data with respect to--
            (1) criminal offenses for which a term of imprisonment of 
        more than 1 year may be imposed;
            (2) 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
            (3) acts of juvenile delinquency or juvenile status 
        offenses for which any term of detention may be imposed.
    (c) Funding.--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. 10151 et seq.) may apply for, and the Attorney General may 
award, a 5 percent increase in those funds, 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 (a) of this 
section.

SEC. 7. FUNDING FOR EDUCATIONAL PROGRAMS.

    (a) Definition.--In this section, the term ``eligible entity'' 
means an entity that is--
            (1) an organization--
                    (A) 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
                    (B) funded by a State or unit of local government; 
                or
            (2) a State, unit of local government, Indian Tribal 
        government, or political subdivision of an Indian Tribe.
    (b) Grants.--The Attorney General shall award grants to eligible 
entities to provide a comprehensive educational program to public 
defenders and panel attorneys that offers--
            (1) ongoing training and support; and
            (2) programming that includes--
                    (A) skills training, including pretrial practice, 
                negotiation skills, trial skills, and sentencing 
                advocacy;
                    (B) client-centered values;
                    (C) implicit bias training;
                    (D) leadership development; and
                    (E) ongoing support to reinforce the training 
                curriculum.
    (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.
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