118 STAT. 2288 PUBLIC LAW 108–405—OCT. 30, 2004 SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS. (a) IN GENERAL.—The Attorney General shall award grants to States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases. (b) USE OF FUNDS.— (1) PERMITTED USES.—Grants awarded under subsection (a) shall be used for one or more of the following: (A) To design and implement training programs for State and local prosecutors to ensure effective representa tion in State capital cases. (B) To develop and implement appropriate standards and qualifications for State and local prosecutors who liti gate State capital cases. (C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case. (D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases. (E) To establish 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 appro priate. (F) To provide support and assistance to the families of murder victims. (2) PROHIBITED USE.—Grants awarded under subsection (a) shall not be used to fund, directly or indirectly, the prosecu tion of specific capital cases. SEC. 423. APPLICATIONS. (a) IN GENERAL.—The Attorney General shall establish a process through which a State may apply for a grant under this subtitle. (b) APPLICATION.— (1) IN GENERAL.—A State desiring a grant under this sub title shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. (2) CONTENTS.—Each application submitted under para graph (1) shall contain— (A) a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought; (B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities; (C) a long term statewide strategy and detailed implementation plan that— (i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and (ii) establishes as a priority improvement in the quality of trial level representation of indigents Certification. Procedures. 42 USC 14163b. 42 USC 14163a.
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