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e-CFR data is current as of January 26, 2021

Title 45Subtitle BChapter XVI → Part 1615


Title 45: Public Welfare


PART 1615—RESTRICTIONS ON ACTIONS COLLATERALLY ATTACKING CRIMINAL CONVICTIONS


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.

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§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.

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§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.

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§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.

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