What This Bill Does
This bill creates a grant program to help states and local areas improve public defense services. It funds data collection about public defenders and appointed private attorneys, supports hiring more defense attorneys, and requires studies on attorney caseloads and pay rates.
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Who It Affects
- States and local governments
- Tribal organizations
- Public defender offices
- Private attorneys assigned by courts to represent defendants
- Criminal defendants who cannot afford lawyers
- Juveniles in delinquency proceedings (cases involving young people accused of crimes)
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Key Provisions
- The Attorney General can award grants lasting three fiscal years to help entities collect data on public defense attorney workload and case outcomes (Sec. 4(a)(1), 4(b)(1))
- Entities receiving data grants must track how attorneys spend their time, the types of cases they handle, and information about the clients they serve, including race, ethnicity, age and gender (Sec. 4(b)(2))
- After receiving a data grant and meeting its requirements, entities can apply for hiring grants to employ additional public defenders, increase attorney pay to match prosecutor salaries, or hire support staff like investigators and social workers (Sec. 4(c))
- The Attorney General must conduct a study analyzing caseloads and develop recommendations for appropriate attorney workloads to ensure effective legal representation (Sec. 5(a)(1))
- The Attorney General must study public defender and panel attorney compensation and develop pay recommendations within three years (Sec. 5(a)(2))
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What Changes
If this law passes, the federal government will begin funding data collection systems for public defense offices that don't already have them. Eligible offices can then apply for grants to hire more attorneys and support staff. The Attorney General will publish guidelines on how many cases attorneys should handle and what they should be paid.
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Important Definitions
- **Case type:** How a case is classified - juvenile, misdemeanor, felony (death penalty), felony (up to life), other felony, probation/parole violation, school proceeding, or other
- **Panel attorney:** A private lawyer assigned by a court to defend someone, working like a public defender
- **Public defender:** A lawyer employed by the government to represent people who cannot afford attorneys
- **Resolution:** How a case ends - dismissal, plea agreement, diversion (sending someone to treatment instead of prosecution), trial, or other outcome
- **Most serious charge:** In cases with multiple charges, the charge carrying the longest possible prison sentence
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Effective Date
Not specified in bill text
II
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Providing a Quality
4
Defense Act of 2023’’ or the ‘‘Quality Defense Act of
5
2023’’.
6
SEC. 2. PURPOSES.
7
The purposes of this Act are—
8
(1) to protect the constitutional rights to due
9
process and a fair criminal prosecution under the
10
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Fifth, Sixth, and Fourteenth Amendments to the
1
Constitution of the United States, including the
2
right to counsel, in State and local courts, as articu-
3
lated by the Supreme Court of the United States in
4
Gideon v. Wainwright, 372 U.S. 335 (1963), and its
5
progeny;
6
(2) to protect the right to counsel for juveniles
7
in delinquency proceedings, including the determina-
8
tion of whether a juvenile should be tried as an
9
adult, under the Due Process Clause of the Four-
10
teenth Amendment as articulated by the Supreme
11
Court in In re Gault, 387 U.S. 1 (1967);
12
(3) to collect data related to public defense in
13
order to facilitate evidence-based reforms and im-
14
provements; and
15
(4) to ensure that compensation for public de-
16
fenders and panel attorneys reflects the constitu-
17
tional guarantee of the right to counsel and does not
18
disincentivize attorneys from pursuing a career in
19
public defense.
20
SEC. 3. DEFINITIONS.
21
In this Act, except as otherwise provided in section
22
7:
23
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(1) APPLICABLE
PUBLIC
DEFENDER’S
OF-
1
FICE.—The term ‘‘applicable public defender’s of-
2
fice’’, with respect to an eligible entity that is—
3
(A) a public defender’s office, means the
4
eligible entity;
5
(B) a State or unit of local government,
6
means—
7
(i) the public defender’s office of the
8
eligible entity; and
9
(ii) a public defender’s office of a unit
10
of local government within the eligible enti-
11
ty; and
12
(C) a Tribal organization, means the pub-
13
lic defender’s office of the Tribal organization.
14
(2) ASSIGNED COUNSEL PROGRAM.—The term
15
‘‘assigned counsel program’’ means a program or
16
procedure by which a court assigns a panel attorney
17
to provide quality legal representation to a client.
18
(3) CASE.—The term ‘‘case’’ includes all
19
charges against an individual involved in a single in-
20
cident of alleged criminal or delinquent conduct.
21
(4) CASE TYPE.—
22
(A) IN GENERAL.—The term ‘‘case type’’
23
means the classification of a client’s case into
24
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1 of the following categories, as defined under
1
State or local law:
2
(i) Juvenile.
3
(ii) Misdemeanor.
4
(iii) Felony for which the death pen-
5
alty may be imposed.
6
(iv) Felony for which a sentence of up
7
to life imprisonment may be imposed.
8
(v) Felony not described in clause (iii)
9
or (iv).
10
(vi) Violation of probation or parole.
11
(vii) School proceeding.
12
(viii) Other.
13
(B) MULTIPLE
CHARGES.—If a case in-
14
volves multiple charges, the case type shall be
15
determined according to the most serious
16
charge under the applicable State or local law.
17
(5) CORRESPONDING PROSECUTOR’S OFFICE.—
18
The term ‘‘corresponding prosecutor’s office’’, with
19
respect to a public defender’s office or panel attor-
20
neys, means a prosecutorial unit that appears ad-
21
verse to the public defender’s office or panel attor-
22
neys in criminal proceedings.
23
(6) DATA
GRANT.—The term ‘‘data grant’’
24
means a grant awarded under section 4(a)(1).
25
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(7) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
1
ty’’ means a State, unit of local government, Tribal
2
organization, public defender’s office, or assigned
3
counsel program that—
4
(A) in the case of an application for a data
5
grant, has not, as of the date of application, de-
6
veloped and implemented a data collection proc-
7
ess that meets the requirements under section
8
4(b)(2); and
9
(B) in the case of an application for a hir-
10
ing grant, as of the date of the application,
11
has—
12
(i) received a data grant; and
13
(ii) fulfilled the requirements of the
14
data grant.
15
(8) HIRING GRANT.—The term ‘‘hiring grant’’
16
means a grant awarded under section 4(a)(2).
17
(9) MOST SERIOUS CHARGE.—The term ‘‘most
18
serious charge’’, with respect to a case that involves
19
multiple charges, means the charge that carries the
20
most severe or lengthy maximum penalty.
21
(10) PANEL ATTORNEY.—The term ‘‘panel at-
22
torney’’ means a private attorney assigned by the
23
court who serves the same function as a public de-
24
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fender, without regard to whether the role is full-
1
time or part-time.
2
(11) PROSECUTOR.—The term ‘‘prosecutor’’—
3
(A) has the meaning given the term in sec-
4
tion 3001(b) of title I of the Omnibus Crime
5
Control and Safe Streets Act of 1968 (34
6
U.S.C. 10671(b)); and
7
(B) includes a full-time employee of a
8
Tribal organization who—
9
(i) is continually licensed to practice
10
law; and
11
(ii) carries out activities equivalent to
12
those of a prosecutor referred to in sub-
13
paragraph (A).
14
(12) PUBLIC
DEFENDER.—The term ‘‘public
15
defender’’—
16
(A) has the meaning given the term in sec-
17
tion 3001(b) of title I of the Omnibus Crime
18
Control and Safe Streets Act of 1968 (34
19
U.S.C. 10671(b)); and
20
(B) includes an attorney employed by a
21
Tribal organization who—
22
(i) is continually licensed to practice
23
law; and
24
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(ii) carries out activities equivalent to
1
those of a public defender referred to in
2
subparagraph (A).
3
(13)
PROSECUTOR’S
OFFICE;
PUBLIC
DE-
4
FENDER’S OFFICE.—The terms ‘‘prosecutor’s office’’
5
and ‘‘public defender’s office’’ mean an agency or of-
6
fice of a State, unit of local government, or Tribal
7
organization that employs prosecutors or public de-
8
fenders, respectively.
9
(14) RESOLUTION.—The term ‘‘resolution’’,
10
with respect to a case, means the manner in which
11
the case concludes, including by—
12
(A) dismissal by the prosecutor;
13
(B) dismissal based on a motion, such as
14
a motion to suppress evidence;
15
(C) a plea agreement at first appearance;
16
(D) a plea agreement entered into at any
17
point in the criminal prosecution other than
18
first appearance;
19
(E) diversion; or
20
(F) a bench or jury trial and the outcome
21
of the trial, including the sentence if the de-
22
fendant is convicted of any offense charged.
23
(15) SECONDARY
CHARGE.—The term ‘‘sec-
24
ondary charge’’, with respect to a case that involves
25
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multiple charges, means any charge that is not the
1
most serious charge.
2
(16) STATE.—The term ‘‘State’’ has the mean-
3
ing given the term in section 901 of title I of the
4
Omnibus Crime Control and Safe Streets Act of
5
1968 (34 U.S.C. 10251).
6
(17) TRIBAL ORGANIZATION.—The term ‘‘Trib-
7
al organization’’ has the meaning given the term
8
‘‘tribal organization’’ in section 4(l) of the Indian
9
Self-Determination and Education Assistance Act
10
(25 U.S.C. 5304(l)).
11
(18) UNIT OF LOCAL GOVERNMENT.—The term
12
‘‘unit of local government’’ has the meaning given
13
the term in section 901 of title I of the Omnibus
14
Crime Control and Safe Streets Act of 1968 (34
15
U.S.C. 10251).
16
SEC. 4. PUBLIC DEFENSE GRANT PROGRAM.
17
(a) GRANT AUTHORITY.—The Attorney General may
18
award a grant to an eligible entity to—
19
(1) develop, implement, and update a data col-
20
lection process under subsection (b)(2); or
21
(2) hire additional public defense attorneys or
22
carry out related activities under subsection (c)(3).
23
(b) DATA GRANTS.—
24
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(1) TERM.—The term of a data grant shall be
1
3 fiscal years.
2
(2) REQUIRED DATA COLLECTION.—An eligible
3
entity that receives a data grant shall develop and
4
implement a process for collecting the following data
5
for attorneys employed by each applicable public de-
6
fender’s office, and for panel attorneys within the ju-
7
risdiction of the eligible entity, during each fiscal
8
year of the grant period:
9
(A) The mean number of hours per month
10
worked per attorney.
11
(B) The mean number of hours spent per
12
month by an attorney on—
13
(i) discovery and investigation, includ-
14
ing witness interviews;
15
(ii) court time, including preparation
16
and appearances;
17
(iii) client communication and care;
18
(iv) research and writing, including
19
motions practice; and
20
(v) administrative work.
21
(C) The number of cases handled, broken
22
down by—
23
(i) case type, including by—
24
(I) the most serious charge; and
25
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(II) each secondary charge;
1
(ii) the race, ethnicity, age, and gen-
2
der of the client;
3
(iii) the date on which the attorney
4
was appointed to the case;
5
(iv) whether the case remained open
6
as of the last day of the fiscal year, and
7
if not, the date on which the case was
8
closed; and
9
(v) the resolution of the case, if the
10
case was concluded by the last day of the
11
fiscal year.
12
(D) Any other information as the Attorney
13
General determines appropriate.
14
(3) RENEWAL.—Upon application from an eligi-
15
ble entity that received a data grant, the Attorney
16
General may award a subsequent data grant to the
17
eligible entity for an additional term that may begin
18
upon termination of the initial data grant.
19
(c) HIRING GRANTS.—
20
(1) APPLICATION REQUIREMENTS.—An eligible
21
entity desiring a hiring grant shall submit to the At-
22
torney General an application that includes, as of
23
the date of the application—
24
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(A) the caseload and number of, and pay
1
scale for, attorneys and other staff of each ap-
2
plicable public defender’s office; and
3
(B)(i) the number of panel attorneys with-
4
in the jurisdiction of the eligible entity;
5
(ii) the total number of cases assigned to
6
the attorneys described in clause (i); and
7
(iii) the average number of hours spent on
8
a case by an attorney described in clause (i).
9
(2) TERM.—The term of a hiring grant shall be
10
3 years.
11
(3) USE OF FUNDS.—An eligible entity may use
12
a hiring grant to—
13
(A) hire additional public defenders;
14
(B) increase compensation for public de-
15
fenders or panel attorneys to achieve pay parity
16
with corresponding prosecutor’s offices;
17
(C) hire case workers, social workers, in-
18
vestigators, or paralegals; or
19
(D) establish or fund a loan assistance
20
program for public defenders.
21
(4) SUPPLEMENT, NOT SUPPLANT.—An eligible
22
entity may not use a hiring grant to supplant funds
23
that the eligible entity would otherwise have used for
24
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any authorized purpose described in paragraph (3)
1
during the grant period.
2
(5) REQUIRED
DATA
COLLECTION.—During
3
each fiscal year of the grant period, an eligible entity
4
that receives a hiring grant shall collect the data de-
5
scribed in subsection (b)(2).
6
(d) SUBMISSION REQUIREMENT.—Not later than 60
7
days after the end of a fiscal year, an eligible entity that
8
receives a data grant or hiring grant shall submit to the
9
Attorney General the data described in subsection (b)(2)
10
for that fiscal year.
11
(e) MULTIPLE
DEFENDANTS.—If a prosecutor’s
12
charging document states that multiple defendants were
13
involved in a single incident of alleged criminal or delin-
14
quent conduct, each defendant shall be considered a sepa-
15
rate case for purposes of the collection of data described
16
in subsection (b)(2).
17
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
18
are authorized to be appropriated to the Attorney General
19
to carry out this section—
20
(1) $250,000,000 for each of the first 5 fiscal
21
years beginning after the date of enactment of this
22
Act; and
23
(2) such sums as may be necessary for each fis-
24
cal year thereafter.
25
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SEC. 5. STUDIES.
1
(a) STUDIES.—
2
(1) CASELOAD LIMITS STUDY.—
3
(A) IN GENERAL.—After the end of the
4
first fiscal year for which data grants are
5
awarded, the Attorney General, acting through
6
the Director of the Bureau of Justice Assist-
7
ance and the Director of the Office for Access
8
to Justice, shall—
9
(i) conduct a study to analyze the
10
data submitted to the Attorney General
11
under section 4(d) for that fiscal year re-
12
lated to public defender and panel attorney
13
caseloads and correlated outcomes;
14
(ii) review studies, reports, and other
15
data published or provided by professional
16
organizations, legal associations, and bar
17
associations related to public defender and
18
panel attorney caseloads; and
19
(iii) develop and publish best practices
20
and recommendations for setting public de-
21
fender and panel attorney caseloads ba
[Text truncated for display. Full text available on Congress.gov.]