Racial Justice for All Implementation Grant

Purpose

The purpose of the Racial Justice for All Implementation grant program is to provide local assistance for implementation of the Racial Justice for All Act. Pursuant to the 2023-2024 Budget Act (SB 102), funds may be “used for attorney’s fees and salaries, experts, investigators, paralegals, or other ancillary needs" for RJA claims brought under PC 1473(f) in non capital cases.

Description

The Racial Justice for All Implementation Grant is aimed at legal service providers who have significant experience with habeas litigation under Penal Code 1473(f) and the Racial Justice Act. In September 2022, the Racial Justice Act was amended by AB 256 known as the “Racial Justice for All Act.” This allowed people who were sentenced for criminal convictions or juvenile adjudications prior to January 1, 2021 to seek relief for violations of the RJA. The amendments will go into effect in phases between January 1, 2023 and January 1, 2026 as codified in PC 745(j). The 2023-2024 Budget Act (SB 102) allocated $2,000,000 in local assistance funds to the Office of the State Public Defender to aid in the implementation of the Racial Justice for All Act. The Office of the State Public Defender is allocating the funding to a grant program for implementation of the Racial Justice for All Act. In compliance with the Budget Act, funds may be “used for attorney’s fees and salaries, experts, investigators, paralegals, or other ancillary needs" for RJA claims brought under PC 1473(f) in non capital cases. Funding must supplement and not supplant current funding. Funding allocated will be for a 24 month service period. A maximum of 5 awards are anticipated with the average amount being $375,000 over 24 months. Eligible entities include public defender offices, California nonprofits, and law schools. Any funded activity must be pursuant to Penal Code 1473(f) and in compliance with the language provided in SB 102. Penal Code 1473(f) is a mechanism for applying the Racial Justice Act retroactively and states in part, “Notwithstanding any other law, a writ of habeas corpus may also be prosecuted after judgment has been entered based on evidence that a criminal conviction or sentence was sought, obtained, or imposed in violation of subdivision (a) of Section 745, if that section applies based on the date of judgment as provided in subdivision (k) of Section 745.”