N.Y. State Finance Law § 98-b: Indigent legal services fund

§ 98-b. Indigent legal services fund. 1. There is hereby established

in the joint custody of the comptroller and the commissioner of taxation

and finance a special fund to be known as the indigent legal services

fund.

2. Such fund shall consist of all moneys appropriated for the purpose

of such fund, all other moneys required to be paid into or credited to

such fund, and all moneys received by the fund or donated to it.

(a) The purpose of such fund shall be to (i) assist counties and, in

the case of a county wholly contained within a city, such city, in

providing legal representation for persons who are financially unable to

afford counsel pursuant to article eighteen-B of the county law; (ii)

assist the state, in improving the quality of public defense services

and funding representation provided by assigned counsel paid in

accordance with section thirty-five of the judiciary law; and (iii)

provide support for the operations, duties, responsibilities and

expenses of the office of indigent legal services and the indigent legal

services board established, respectively, pursuant to sections eight

hundred thirty-two and eight hundred thirty-three of the executive law.

(b) State funds received by a county or city from such fund shall be

used to supplement and not supplant any local funds which such county or

city would otherwise have had to expend for the provision of counsel and

expert, investigative and other services pursuant to article eighteen-B

of the county law. All such state funds received by a county or city

shall be used to improve the quality of services provided pursuant to

article eighteen-B of the county law. Nothing in this paragraph shall

preclude a county from decreasing local funds as long as the county

demonstrates to the office of indigent legal services established by

section eight hundred thirty-two of the executive law that the quality

of services has been maintained or enhanced notwithstanding the use of

state funds.

(c) As used in this section, "local funds" shall mean all funds

appropriated or allocated by a county or, in the case of a county wholly

contained within a city, such city, for services and expenses in

accordance with article eighteen-B of the county law, other than funds

received from: (i) the federal government or the state; or (ii) a

private source, where such city or county does not have authority or

control over the payment of such funds by such private source.

3. Amounts distributed from such fund shall be limited to amounts

appropriated therefor and shall be distributed as follows:

(a) The office of court administration may expend a portion of the

funds available in such fund to provide assigned counsel paid in

accordance with section thirty-five of the judiciary law, up to an

annual sum of twenty-five million dollars.

(b) An annual amount of forty million dollars shall be made available

to the city of New York from such fund for the provision of services

pursuant to article eighteen-B of the county law; provided that the city

of New York shall continue to provide at minimum the aggregate amount of

funding for public defense services including, but not limited to, the

amount of funding for contractors of public defense services and

individual defense attorneys, that it provided, pursuant to article

eighteen-B of the county law during its two thousand nine--two thousand

ten fiscal year.

(c) Within the first fifteen days of March two thousand eleven, each

county other than a county wholly contained within the city of New York,

shall receive ninety percent of the amount paid to such county in March

two thousand ten. Within the first fifteen days of March two thousand

twelve, each county other than a county wholly contained within the city

of New York shall receive seventy-five percent of the amount paid to

such county in March two thousand ten. Within the first fifteen days of

March two thousand thirteen, each county other than a county wholly

contained within the city of New York shall receive fifty percent of the

amount paid to such county in March two thousand ten. Within the first

fifteen days of March two thousand fourteen, each county other than a

county wholly contained within the city of New York shall receive

twenty-five percent of the amount paid to such county in March two

thousand ten. For all state fiscal years following the two thousand

thirteen--two thousand fourteen fiscal year, there shall be no required

annual payments pursuant to this paragraph. Notwithstanding the

provisions of this paragraph, for each of the four required payments

made to counties within the first fifteen days of March two thousand

eleven, two thousand twelve, two thousand thirteen and two thousand

fourteen, Hamilton and Orleans counties shall receive such percentage

payments based on the amounts that each county would have received in

March two thousand ten had it satisfied the maintenance of effort

requirement set forth in paragraph (c) of subdivision four of this

section in effect on such date.

(d) Remaining amounts within such fund, after accounting for annual

payments required in paragraphs (a), (b) and (c) of this subdivision and

subparagraph (iii) of paragraph (a) of subdivision two of this section

shall be distributed in accordance with sections eight hundred

thirty-two and eight hundred thirty-three of the executive law.