2006 New York Code - 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.
    3.  (a)  As  provided  in  this  subdivision,  moneys  received by the
  indigent legal services fund  each  calendar  year  from  January  first
  through  December  thirty-first  shall  be  made  available by the state
  comptroller in the immediately succeeding calendar year  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; and (ii) assist the  state,  in  funding  representation
  provided by assigned counsel paid in accordance with section thirty-five
  of  the  judiciary law. Moneys from the fund shall be distributed at the
  direction of the state comptroller in accordance with the provisions  of
  this subdivision.
    (b)  (i)  Commencing  on March thirty-first, two thousand five, moneys
  from such fund shall first be made available, in the calendar year  next
  succeeding  the calendar year in which collected, to reimburse the state
  for payments, made in the previous calendar year, for  assigned  counsel
  paid  in accordance with section thirty-five of the judiciary law, up to
  an annual sum of twenty-five million dollars.
    (ii) Commencing with the payment on April first, two thousand five  or
  as  soon  thereafter  as  practicable, and subsequent quarterly payments
  thereafter, moneys from such fund shall be available  to  reimburse  the
  state  for  providing funding for legal representation in periods and at
  rates of compensation in effect after January first, two  thousand  four
  in  accordance  with  section  thirty-five  of  the judiciary law, in an
  amount equal to such funding provided during the preceding quarter, less
  the amount of funding provided during that quarter  in  accordance  with
  such  section  at  rates  of compensation in effect immediately prior to
  January first, two thousand four, up to but not  exceeding  six  million
  two hundred fifty thousand dollars per quarter.
    (c)  The  balance of moneys received by such fund shall be distributed
  by the state comptroller, in  the  calendar  year  next  succeeding  the
  calendar  year  in  which  collected,  to counties and, in the case of a
  county wholly contained  within  a  city,  such  city,  to  assist  such
  counties  and  such city in providing representation pursuant to article
  eighteen-B of the county law. The amount to be made available each  year
  to  such  counties  and  such  city  shall  be  calculated  by the state
  comptroller as follows:
    (i) The county executive or chief executive officer of each county or,
  in the case of a county wholly contained within a city, such city shall,
  in accordance with subdivision two of section seven hundred twenty-two-f
  of the county law, certify to the state comptroller, by March  first  of
  each  year,  the total expenditure of local funds by each such county or
  city, during the period January first through December  thirty-first  of
  the  previous  calendar  year,  for  providing  legal  representation to
  persons who were financially  unable  to  afford  counsel,  pursuant  to
  article eighteen-B of the county law.
    (ii)  The state comptroller shall then total the amount of local funds
  expended by all such counties and such city to determine the sum of such
  moneys expended by all such counties and such city  for  providing  such
  representation in such calendar year.
    (iii)  The state comptroller shall then calculate the percentage share
  of the statewide sum of such expenditures for each county and such  city
  for such calendar year.
    (iv) The state comptroller shall then determine:
    (A)  the  fund  amount  available  to  be distributed pursuant to this
  paragraph, which shall be the amount  received  by  the  indigent  legal
  services  fund  in  the  immediately  preceding calendar year, minus the
  amount to be distributed to  the  state  under  paragraph  (b)  of  this
  subdivision  provided,  however,  that with respect to the first payment
  made to counties and such city on March thirty-first, two thousand five,
  such payment shall be made from the amounts  received  by  the  indigent
  legal  services  fund  in  the immediately preceding two calendar years,
  minus the amount to be distributed to the state under paragraph  (b)  of
  this subdivision; and
    (B)  the annual payment amount to be paid to each county and such city
  pursuant to  this  subdivision,  which  shall  be  the  product  of  the
  percentage  share  of statewide local funds expended by each such county
  and  city,  as  determined  pursuant  to  subparagraph  (iii)  of   this
  paragraph,  multiplied by the fund amount available for distribution, as
  determined pursuant to clause (A) of this subparagraph.
    (d) All payments  from  this  account  shall  be  made  upon  vouchers
  approved  and  certified  and  upon  audit  and  warrant  of  the  state
  comptroller. The state comptroller shall, as soon as  practicable,  make
  such  payments  to the state and each county and each city in a lump sum
  payment.
    4. Maintenance of effort. (a) 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.
    (b)  State  funds received by a county or city pursuant to subdivision
  three of this section 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.
    (c) Notwithstanding the provisions of any other law, as a precondition
  for  receiving  state  assistance  pursuant to subdivision three of this
  section, a county or city shall be required pursuant to  this  paragraph
  to  demonstrate  compliance with the maintenance of effort provisions of
  paragraph (b) of this subdivision. Such compliance shall be shown  as  a
  part  of the annual report submitted by the county or city in accordance
  with subdivision two of section seven hundred twenty-two-f of the county
  law. Such maintenance of effort shall be  shown  by  demonstrating  with
  specificity:
    (i)  that  the  total  amount of local funds expended for services and
  expenses pursuant to article eighteen-B of the  county  law  during  the
  applicable  calendar  year  reporting  period  did not decrease from the
  amount of such local funds expended during the  previous  calendar  year
  provided, however, that with respect to the report filed in two thousand
  six  regarding  calendar  year  two  thousand  five, such maintenance of
  effort shall be shown by demonstrating with specificity that  the  total
  amount  of  local  funds  expended for services and expenses pursuant to
  article eighteen-B of the  county  law  during  the  two  thousand  five
  calendar  year  did  not  decrease  from  the amount of such local funds
  expended during calendar year two thousand two; or
    (ii)  where  the  amount  of  local  funds  expended for such services
  decreased over such period, that all state  funds  received  during  the
  most  recent  state  fiscal  year  pursuant to subdivision three of this
  section were used to assure an improvement in the  quality  of  services
  provided  in  accordance  with  article eighteen-B of the county law and
  have not been used  to  supplant  local  funds.  For  purposes  of  this
  subparagraph,  whether  there  has been an improvement in the quality of
  such services shall be determined by considering the expertise, training
  and resources made available to  attorneys,  experts  and  investigators
  providing  such  services; the total caseload handled by such attorneys,
  experts and investigators as such relates to the time expended  in  each
  case and the quality of services provided; the system by which attorneys
  were  matched  to  cases  with  a  degree of complexity suitable to each
  attorney's  training  and  experience;  the  provision  of  timely   and
  confidential  access  to  such  attorneys  and  expert and investigative
  services; and any other similar  factors  related  to  the  delivery  of
  quality public defense services.