45 CFR Part 1615 — Restrictions on Actions Collaterally Attacking Criminal Convictions

PART 1615—RESTRICTIONS ON ACTIONS COLLATERALLY ATTACKING CRIMINAL CONVICTIONS 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. 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. 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. 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.

Related documents

• 43 CFR Part 9260 — Law Enforcement—Criminal#510196
• 19 CFR Part 210 — Adjudication and Enforcement#506541
• 19 CFR Part 161 — General Enforcement Provisions#506516
• 45 CFR Part 264 — Other Accountability Provisions#510357
• 36 CFR Part 261 — Prohibitions#509022