NY State Fin L § 98-B (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 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.