2023 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.