Section 507 of the USA PATRIOT Improvement
and Reauthorization Act of 2005 (Public Law 109-177) instructs
the Attorney General to promulgate regulations to implement certification
procedures for states seeking to qualify for the expedited federal
habeas corpus review procedures in capital cases under chapter
154 of Title 28, United States Code. The benefits of chapter 154
are available to states that establish a mechanism for providing
counsel to indigent capital defendants in state postconviction
proceedings that satisfies certain statutory requirements. OLP
has developed a process by regulation to permit the Attorney General
to accept submissions from states claiming that they are in compliance
with the requirements of federal law and, if so, to appropriately
certify to enable qualifying states to take advantage of fast-track
habeas review.
USA
PATRIOT Improvement and Reauthorization Act of 2005
Final Rule on Certification
Process for State Capital Counsel Systems |