[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1102 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1102
To incentivize States and localities to improve access to justice, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2025
Mr. Booker (for himself, Mr. Durbin, and Mr. Welch) 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
2025'' or the ``Quality Defense Act of 2025''.
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 the 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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