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Habeas Corpus Reform

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



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