Page:United States Statutes at Large Volume 118.djvu/2320

 118 STAT. 2290 PUBLIC LAW 108–405—OCT. 30, 2004 selected by counsel, in accordance with section 421(e)(2)(F), including a statement setting forth— (I) if the State employs a public defender pro gram under section 421(e)(1)(A), the salaries received by the attorneys employed by such pro gram and the salaries received by attorneys in the prosecutor’s office in the jurisdiction; (II) if the State employs appointed attorneys under section 421(e)(1)(B), the hourly fees received by such attorneys for actual time and service and the basis on which the hourly rate was calculated; (III) the amounts paid to non attorney mem bers of the defense team, and the basis on which such amounts were determined; and (IV) the amounts for which attorney and non attorney members of the defense team were reimbursed for reasonable incidental expenses; (3) in the case of a State that employs a statutory procedure described in section 421(e)(1)(C), an assessment of the extent to which the State is in compliance with the requirements of the applicable State statute; and (4) a statement confirming that the funds have not been used to fund representation in specific capital cases or to sup plant non Federal funds. (c) CAPITAL PROSECUTION IMPROVEMENT GRANTS.—With respect to the funds provided under section 422, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) a description of the means by which the State has— (A) designed and established training programs for State and local prosecutors to ensure effective representa tion in State capital cases in accordance with section 422(b)(1)(A); (B) developed and implemented appropriate standards and qualifications for State and local prosecutors who liti gate State capital cases in accordance with section 422(b)(1)(B); (C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with section 422(b)(1)(C); (D) 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 422(b)(1)(D); (E) 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 422(b)(1)(E); and (F) provided support and assistance to the families of murder victims; and (3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non Federal funds. (d) PUBLIC DISCLOSURE OF ANNUAL STATE REPORTS.—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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