[Congressional Record Volume 158, Number 95 (Thursday, June 21, 2012)]
[Senate]
[Pages S4421-S4422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY:
  S. 3335. A bill to ensure the effective administration of criminal 
justice; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I am proud to introduce the 
Effective Administration of Criminal Justice Act of 2012. This 
legislation takes important new steps to ensure the fairness of our 
criminal justice system for all participants.
  First, this bill seeks to encourage States to adopt a comprehensive 
approach in using the Federal funds received through the Edward Byrne 
Memorial Justice Assistance Grant, JAG, Program. This will help to 
ensure that their criminal justice systems operate effectively as a 
whole and that all parts of the system work together and receive the 
resources they need. Specifically, the bill reinstates a previous 
requirement of the Byrne JAG Program that States develop, and update 
annually, a strategic plan detailing how grants received under the 
program will be used to improve the administration of the criminal 
justice system. The requirement was removed from the Byrne JAG grant 
application several years ago, but groups representing States and 
victims have requested that it be reinstated in order to improve the 
efficient and effective use of criminal justice resources. The plan 
must be formulated in consultation with local governments and all 
segments of the criminal justice system. The Attorney General will also 
be required to make technical assistance available to help States 
formulate their strategic plans.
  This legislation also takes important new steps to ensure that all 
criminal defendants, including those who cannot afford a lawyer, 
receive constitutionally adequate representation. It requires the 
Department of Justice to assist States that want help developing an 
effective and efficient system of indigent defense, and it establishes 
a

[[Page S4422]]

cause of action for the Federal government to step in when States are 
systematically failing to provide the representation called for in the 
Constitution.
  This is a reasonable measure that gives the States assistance and 
time needed to make necessary changes and seeks to provide an incentive 
for States to do so. As a former prosecutor, I have great faith in the 
men and women of law enforcement, and I know that the vast majority of 
the time our criminal justice system does work fairly and effectively. 
I also know though that the system only works as it should when each 
side is well represented by competent and well-trained counsel. It was 
persuasive to me when Houston District Attorney Patricia Lykos 
testified before the Judiciary Committee several years ago when this 
provision was first considered that competent defense attorneys are 
critical to a prosecutor's job. Our system requires good lawyers on 
both sides, and incompetent counsel can result not only in needless and 
time consuming appeals, but far more importantly, it can lead to 
wrongful convictions and overall distrust in the criminal process. In 
working on this legislation, I have also learned that the most 
effective systems of indigent defense are not always the most 
expensive. In some cases, making the necessary changes may also save 
States money.
  I remain committed to ensuring that our criminal justice system 
operates as effectively and fairly as possible. Unfortunately, we are 
not there yet. Too often the quality of justice a defendant receives in 
our system depends on whether he or she can pay for an attorney. That 
is repugnant to the American sense of justice and we must do better. 
Americans need and deserve a criminal justice system which keeps us 
safe, ensures fairness and accuracy, and fulfills the promise of our 
constitution for all people. This bill will take important steps to 
bring us closer to that goal and I urge all Senators to support this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3335

       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 ``Effective Administration of 
     Criminal Justice Act of 2012''.

     SEC. 2. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.

       (a) 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 2013 
     through 2017 to carry out this subsection.''.
       (b) 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.--Paragraph (2) shall take effect 2 
     years after the date of enactment of this Act.
                                 ______