Federal · Title 34 — Crime Control and Law Enforcement

34 U.S.C. § 60304: State reports

Civil

What this law says, in plain English

This statute requires states to report on grant fund expenditures, attorney qualifications and roster management for capital case defense programs, and compensation details for defense team members.

Read the full statutory text
identifies the activities carried out with such funds; and explains how each activity complies with the terms and conditions of the grant. an accounting of all amounts expended; invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in a program described in section 60301(e)(1)(A) of this title , an entity described in section 60301(e)(1)(B) of this title , or a selection committee or similar entity described in section 60301(e)(1)(C) of this title ; and establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with section 60301(e)(2)(A) of this title ; establish and maintain a roster of qualified attorneys in accordance with section 60301(e)(2)(B) of this title ; assign attorneys from the roster in accordance with section 60301(e)(2)(C) of this title ; conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases in accordance with section 60301(e)(2)(D) of this title ; monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs, in accordance with section 60301(e)(2)(E) of this title ; and if the State employs a public defender program under section 60301(e)(1)(A) of this title , the salaries received by the attorneys employed by such program and the salaries received by attorneys in the prosecutor’s office in the jurisdiction; if the State employs appointed attorneys under section 60301(e)(1)(B) of this title , the hourly fees received by such attorneys for actual time and service and the basis on which the hourly rate was calculated; the amounts paid to non-attorney members of the defense team, and the basis on which such amounts were determined; and the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses; in the case of a State that employs a statutory procedure described in section 60301(e)(1)(C) of this title , an assessment of the extent to which the State is in compliance with the requirements of the applicable State statute; and a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds. an accounting of all amounts expended; designed and established training programs for State and local prosecutors to ensure effective representation in State capital cases in accordance with section 60302(b)(1)(A) of this title ; developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with section 60302(b)(1)(B) of this title ; assessed the performance of State and local prosecutors who litigate State capital cases in accordance with section 60302(b)(1)(C) of this title ; identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with section 60302(b)(1)(D) of this title ; established a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with section 60302(b)(1)(E) of this title ; and provided support and assistance to the families of murder victims; and a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds. The annual reports to the Attorney General submitted by any State under this section shall be made available to the public.

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