Title 45: Public Welfare
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PART 1615—RESTRICTIONS ON ACTIONS COLLATERALLY ATTACKING CRIMINAL CONVICTIONS
Section Contents
§ 1615.1 Purpose.
§ 1615.2 Prohibition.
§ 1615.3 Application of this part.
Authority:
Sec. 1007(b)(1); (42 U.S.C. 2996f(b)(1)).
Source:
41 FR 38508, Sept. 10, 1976, unless otherwise noted.§ 1615.1 Purpose.
top
This part prohibits the provision of legal assistance in an action in the nature of habeas corpus seeking to collaterally attack a criminal conviction.
§ 1615.2 Prohibition.
top Except as authorized by this part, no Corporation funds shall be used to provide legal assistance in an action in the nature of habeas corpus collaterally attacking a criminal conviction if the action
(a) Is brought against an officer of a court, a law enforcement official, or a custodian of an institution for persons convicted of crimes; and
(b) Alleges that the conviction is invalid because of any alleged acts or failures to act by an officer of a court or a law enforcement official.
§ 1615.3 Application of this part.
top This part does not prohibit legal assistance—
(a) To challenge a conviction resulting from a criminal proceeding in which the defendant received representation from a recipient pursuant to Corporation regulations; or
(b) Pursuant to a court appointment made under a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction, if authorized by the recipient after a determination that it is consistent with the primary responsibility of the recipient to provide legal assistance to eligible clients in civil matters.
