S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6002

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sens.  SCHNEIDERMAN,  HASSELL-THOMPSON,  SAMPSON, ADAMS,
  BRESLIN, FOLEY, HUNTLEY, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER,
  PARKER, PERKINS, SERRANO, STEWART-COUSINS, VALESKY -- read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Rules

AN ACT to amend the judiciary law, the county law, and the state finance
  law, in relation to establishing the public defense act of  2009;  and
  to repeal articles 18-A and 18-B of the county law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The judiciary law is amended by adding a new  article  15-A
to read as follows:
                              ARTICLE 15-A
                       PUBLIC DEFENSE ACT OF 2009
SECTION 499-A. SHORT TITLE.
        499-B. PURPOSES.
        499-C. DEFINITIONS.
        499-D. PUBLIC DEFENSE COMMISSION ESTABLISHED.
        499-E. PUBLIC  DEFENSE  COMMISSION;  APPOINTMENTS AND QUALIFICA-
               TIONS.
        499-F. PUBLIC DEFENSE COMMISSION; TERMS OF  OFFICE;  DESIGNATION
               OF  CHAIRPERSON;  RE-APPOINTMENT;  VACANCIES  AND COMPEN-
               SATION.
        499-G. PUBLIC DEFENSE COMMISSION;  GENERAL  POWERS,  DUTIES  AND
               RESPONSIBILITIES.
        499-H. STATE DEFENDER.
        499-I. ASSISTANCE  BY  STATE OFFICES, DEPARTMENTS, BOARDS, DIVI-
               SIONS AND COMMISSIONS  AND  FROM  LOCALITIES  AND  PUBLIC
               DEFENSE PROVIDERS.
        499-J. INDEPENDENCE; FISCAL DISCIPLINE.
        499-K. FINANCING TRANSITION ADVISORY COUNCIL TO THE COMMISSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11952-03-9
              

S. 6002                             2

        499-L. ENFORCEMENT OF STANDARDS; PROHIBITION.
        499-M. ELIMINATION  OF  LOCAL  RESPONSIBILITY FOR PUBLIC DEFENSE
               SERVICES; FIXED ANNUAL LOCAL OFFSET CONTRIBUTION.
  S 499-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AS AND MAY BE  CITED
AS THE "PUBLIC DEFENSE ACT OF 2009".
  S 499-B. PURPOSES. THE PURPOSES OF THIS ARTICLE ARE TO: 1. IMPROVE THE
QUALITY OF PUBLIC DEFENSE SERVICES STATEWIDE BY IMPLEMENTING STATE OVER-
SIGHT,  FUNDING  AND CONTROL OF PUBLIC DEFENSE SERVICES, WHILE PROVIDING
FOR THE PLANNING AND IMPLEMENTATION OF THE STATE'S ASSUMPTION  OF  THESE
RESPONSIBILITIES IN A MANNER THAT IS RESPONSIVE TO REGIONAL AND COMMUNI-
TY NEEDS;
  2.  ENSURE  THAT  PUBLIC  DEFENSE  REPRESENTATION IS PROVIDED WITHIN A
TRULY INDEPENDENT ATMOSPHERE FREE FROM POLITICAL INFLUENCE AND CONFLICTS
OF INTEREST;
  3. LIMIT THE FISCAL BURDEN ON LOCALITIES BY  IMPLEMENTING  FULL  STATE
ADMINISTRATION  AND  FUNDING  OF  PUBLIC  DEFENSE SERVICES SUBJECT TO AN
EQUITABLE FIXED ANNUAL OFFSET CONTRIBUTION;
  4. GUARANTEE THAT STATE AND LOCAL FUNDS FOR  PUBLIC  DEFENSE  SERVICES
ARE  MANAGED IN AN EFFICIENT AND COST EFFECTIVE MANNER WITHOUT SACRIFIC-
ING QUALITY OF REPRESENTATION;
  5. ESTABLISH A PUBLIC DEFENSE COMMISSION AS A  PUBLIC  BENEFIT  CORPO-
RATION  RESPONSIBLE  FOR OVERSEEING PUBLIC DEFENSE SERVICES AND PLANNING
AND  IMPLEMENTING  STATE  ADMINISTRATION  OF  PUBLIC  DEFENSE   SERVICES
THROUGHOUT THE STATE; ENSURING THAT SUCH SERVICES ARE DELIVERED BY QUAL-
IFIED  AND  COMPETENT  ATTORNEYS IN A MANNER THAT IS FAIR, EFFECTIVE AND
UNIFORM; AND DEVELOPING  POLICIES,  PROCEDURES  AND  STANDARDS  FOR  THE
DELIVERY OF SUCH SERVICES; AND
  6.  ENHANCE  OVERSIGHT  OF  THE DELIVERY OF PUBLIC DEFENSE SERVICES BY
GENERATING RELIABLE STATISTICAL INFORMATION AND DATA NEEDED TO  EVALUATE
THE SERVICES PROVIDED AND FUNDS EXPENDED.
  S  499-C. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE: 1. "CLIENT" MEANS
ANY PERSON WHO RECEIVES OR HAS RECEIVED PUBLIC DEFENSE SERVICES.
  2. "CLIENT COMMUNITY" MEANS CLIENTS, THEIR FAMILIES,  LOCAL  NEIGHBOR-
HOODS  IN  WHICH  A SIGNIFICANT NUMBER OF CLIENTS LIVE AND ORGANIZATIONS
DEDICATED TO PROVIDING SUPPORT OR ADVOCACY TO  CLIENTS,  THEIR  FAMILIES
AND LOCAL NEIGHBORHOODS.
  3.  "COMMISSION"  MEANS  THE  THIRTEEN  MEMBERS  COMPRISING THE PUBLIC
DEFENSE COMMISSION.
  4. "ELIGIBLE PERSON" MEANS  ANY  PERSON  ELIGIBLE  TO  RECEIVE  PUBLIC
DEFENSE SERVICES.
  5. "LOCALITY" MEANS ANY REGION IN NEW YORK, INCLUDING A COUNTY, A PART
OF  A  COUNTY  OR  A  GROUP OF COUNTIES OR PARTS OF COUNTIES EXCEPT THAT
WITHIN A COUNTY IN THE CITY OF NEW YORK SUCH TERM SHALL MEAN THE CITY OF
NEW YORK.
  6. "PUBLIC DEFENSE SERVICES" MEANS PUBLICLY-FINANCED  LEGAL  REPRESEN-
TATION, INCLUDING THE SERVICES OF ATTORNEYS AND/OR ALL INVESTIGATIVE AND
NECESSARY  ANCILLARY  SERVICES PROVIDED TO PERSONS UNABLE TO AFFORD THEM
AND SUSPECTED OF, ACCUSED OF, CHARGED WITH, OR CONVICTED OF,  COMMITTING
A  FELONY, MISDEMEANOR, OR THE BREACH OF ANY LAW OF THIS STATE OR OF ANY
LAW, LOCAL LAW OR ORDINANCE OF A POLITICAL SUBDIVISION OF THIS STATE FOR
WHICH  A  SENTENCE  TO  A  TERM  OF  IMPRISONMENT  IS  AUTHORIZED   UPON
CONVICTION  THEREOF,  INCLUDING  REPRESENTATION  AT THE PRETRIAL, TRIAL,
APPELLATE AND POST-CONVICTION STAGES IN CRIMINAL CASES, OR  ENTITLED  TO
REPRESENTATION  UNDER  SECTION TWO HUNDRED SIXTY-TWO OF THE FAMILY COURT
ACT OR OTHERWISE ENTITLED TO  PUBLIC  REPRESENTATION  IN  FAMILY  COURT,
SUPREME COURT, SURROGATE'S COURT, PAROLE PROCEEDINGS AND RELATED APPEALS

S. 6002                             3

UNDER  THE  EXECUTIVE  LAW,  IN CLASSIFICATION PROCEEDINGS UNDER ARTICLE
SIX-C OF THE CORRECTION LAW AND RELATED APPEALS AND IN ALL  OTHER  CASES
WHERE COUNSEL IS OR MAY BE PROVIDED FOR BY LAW.
  7.  "PUBLIC  DEFENSE  SERVICE PROVIDER" OR "SERVICE PROVIDER" MEANS AN
ENTITY OR  INDIVIDUAL  AUTHORIZED  BY  LAW  TO  PROVIDE  PUBLIC  DEFENSE
SERVICES.
  S  499-D.  PUBLIC  DEFENSE  COMMISSION ESTABLISHED. 1. THERE IS HEREBY
ESTABLISHED THE NEW YORK STATE PUBLIC DEFENSE COMMISSION, A BODY  CORPO-
RATE CONSTITUTING A PUBLIC BENEFIT CORPORATION.
  2.  THE  COMMISSION  SHALL  RECEIVE AN APPROPRIATION FROM THE INDIGENT
LEGAL SERVICES FUND, ESTABLISHED PURSUANT TO SECTION  NINETY-EIGHT-B  OF
THE STATE FINANCE LAW, IN THE AMOUNT OF THREE MILLION DOLLARS FOR FISCAL
YEAR  TWO  THOUSAND  NINE-TWO  THOUSAND  TEN  TO  ESTABLISH AND STAFF AN
OFFICE, ADAPT THE PUBLIC DEFENSE CASE MANAGEMENT  SYSTEM,  CONTRACT  AND
CONSULT  WITH  COMPETENT  EVALUATORS,  EXPERTS,  AND  THE NEW YORK STATE
DEFENDERS ASSOCIATION PUBLIC DEFENSE BACKUP CENTER, BEGIN THE ESTABLISH-
MENT OF APPROPRIATE PRIVATE-PUBLIC PARTNERSHIPS AND DEVELOP A WORK  PLAN
FOR  AND OTHERWISE CARRY OUT ITS GENERAL POWERS, DUTIES AND RESPONSIBIL-
ITIES AS DEFINED IN THIS ARTICLE.
  3. THE COMMISSION SHALL OPERATE INDEPENDENTLY FOR THE  IMPROVEMENT  OF
THE PUBLIC DEFENSE SYSTEM AND SHALL BE FREE FROM POLITICAL INTERFERENCE.
  4. THE BUDGET FOR THE COMMISSION SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE  SALARIES  OF  ALL  COMMISSION  PERSONNEL,  AN ALLOCATION FOR OFFICE
EXPENSES, FURNITURE, COMPUTERS, LIBRARY,  AND  AN  ALLOCATION  FOR  SUCH
ADDITIONAL  ITEMS  AS MAY BE NECESSARY FOR THE COMMISSION TO PERFORM ITS
FUNCTIONS PURSUANT TO THIS ARTICLE.
  5. THE COMMISSION WILL BE PERFORMING AN ESSENTIAL  GOVERNMENTAL  FUNC-
TION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS ARTICLE AND
THE  COMMISSION  SHALL  NOT BE REQUIRED TO PAY TAXES OR ASSESSMENTS UPON
ANY OF THE PROPERTY  ACQUIRED  BY  IT  OR  UNDER  ITS  JURISDICTION  AND
CONTROL.
  6.  ALL  CONTRIBUTIONS MADE TO THE COMMISSION WHETHER BY GIFT, DEVISE,
GRANT, DONATION OR BEQUEST SHALL QUALIFY AS DEDUCTIONS IN COMPUTING  THE
NET TAXABLE INCOME OF THE DONOR FOR THE PURPOSE OF INCOME TAX IMPOSED BY
THE STATE OR ANY POLITICAL SUBDIVISION THEREOF.
  7.  THE  COMMISSION  SHALL  PROTECT  THE  CONFIDENCES  AND  SECRETS OF
CLIENTS.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
RECORD OR REPORT SHALL BE DEEMED DEFICIENT BECAUSE OF  THE  OMISSION  OF
INFORMATION,  THE  PROVISION  OF WHICH WOULD RESULT IN THE DISCLOSURE OF
SUCH CONFIDENCES OR SECRETS, OR WOULD OTHERWISE COMPROMISE THE  INTEREST
OF ANY CLIENT.
  8.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
COMMISSION SHALL BE EXEMPT FROM THE  APPLICATION  OF  ANY  PROVISION  OF
ARTICLES SIX AND SEVEN OF THE PUBLIC OFFICERS LAW.
  S  499-E.  PUBLIC DEFENSE COMMISSION; APPOINTMENTS AND QUALIFICATIONS.
1.  THE COMMISSION SHALL BE COMPOSED OF THIRTEEN MEMBERS  WHO  SHALL  BE
SELECTED WITH REGARD FOR THE GEOGRAPHIC, RACIAL, ETHNIC AND GENDER MAKE-
UP OF THE STATE AND THE CULTURAL DIVERSITY OF THE STATE'S PUBLIC DEFENSE
CLIENTS.  A  PERSON APPOINTED TO THE COMMISSION MUST HAVE A DEMONSTRABLE
COMMITMENT TO QUALITY REPRESENTATION OF LOWER INCOME PEOPLE, TO  IMPROV-
ING  THE  PUBLIC  DEFENSE SYSTEM AND TO THE PRINCIPLE OF INDEPENDENCE OF
THE DEFENSE FUNCTION. WHILE SERVING ON THE COMMISSION, NO MEMBER OF  THE
COMMISSION  SHALL  BE  A JUDGE, PROSECUTOR, PUBLIC DEFENSE PROVIDER, LAW
ENFORCEMENT OFFICER, COUNTY ATTORNEY, ATTORNEY  GENERAL,  UNITED  STATES
ATTORNEY,  OR  EMPLOYEE THEREOF, OR A FULL TIME EMPLOYEE OF THE STATE OR

S. 6002                             4

ANY POLITICAL SUBDIVISION,  OR  OF  ANY  BOARD,  COMMISSION,  AGENCY  OR
AUTHORITY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF.
  2. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED BY THE GOVERNOR AS
FOLLOWS:
  A.  THREE  ATTORNEYS  WITH  A DEMONSTRABLE COMMITMENT TO IMPROVING THE
QUALITY OF PUBLIC DEFENSE REPRESENTATION FROM NOMINEES SUBMITTED BY  THE
CHIEF JUDGE OF THE NEW YORK STATE COURT OF APPEALS AS FOLLOWS:
  (I)  ONE FROM NOT LESS THAN THREE NOMINEES WITH SUBSTANTIAL EXPERIENCE
IN THE HANDLING OF CRIMINAL TRIALS OR APPEALS;
  (II) ONE FROM NOT LESS THAN THREE NOMINEES WITH SUBSTANTIAL EXPERIENCE
IN THE HANDLING OF FAMILY-RELATED TRIALS OR APPEALS; AND
  (III) ONE FROM NOT LESS THAN THREE NOMINEES DRAWN FROM A LIST OF INDI-
VIDUALS RECOMMENDED TO THE CHIEF JUDGE BY THE DEANS OF THE  STATE'S  LAW
SCHOOLS;
  B. ONE ATTORNEY WITH A DEMONSTRABLE COMMITMENT TO IMPROVING THE QUALI-
TY  OF  PUBLIC  DEFENSE REPRESENTATION FROM NOT LESS THAN THREE NOMINEES
SUBMITTED BY THE TEMPORARY PRESIDENT OF THE STATE SENATE;
  C. ONE ATTORNEY WITH A DEMONSTRABLE COMMITMENT TO IMPROVING THE QUALI-
TY OF PUBLIC DEFENSE REPRESENTATION FROM NOT LESS  THAN  THREE  NOMINEES
SUBMITTED BY THE SPEAKER OF THE STATE ASSEMBLY;
  D. ONE ATTORNEY WITH A DEMONSTRABLE COMMITMENT TO IMPROVING THE QUALI-
TY  OF  PUBLIC  DEFENSE REPRESENTATION WHO HAS SUBSTANTIAL EXPERIENCE IN
THE DELIVERY OF PUBLIC DEFENSE SERVICES FROM NOT LESS THAN  THREE  NOMI-
NEES SUBMITTED BY THE MINORITY LEADER OF THE STATE SENATE;
  E. ONE ATTORNEY WITH A DEMONSTRABLE COMMITMENT TO IMPROVING THE QUALI-
TY  OF  PUBLIC  DEFENSE REPRESENTATION WHO HAS SUBSTANTIAL EXPERIENCE IN
ADULT RESPONDENT REPRESENTATION IN FAMILY COURT FROM NOT LESS THAN THREE
NOMINEES SUBMITTED BY THE MINORITY LEADER OF THE STATE ASSEMBLY;
  F. ONE ATTORNEY IN PRIVATE PRACTICE WITH A DEMONSTRABLE COMMITMENT  TO
IMPROVING  THE  QUALITY  OF  PUBLIC DEFENSE REPRESENTATION FROM NOT LESS
THAN THREE NOMINEES SUBMITTED BY THE NEW YORK STATE BAR ASSOCIATION;
  G. ONE PERSON WITH A DEMONSTRABLE COMMITMENT TO IMPROVING THE  QUALITY
OF  PUBLIC  DEFENSE  REPRESENTATION  FROM  NOT  LESS THAN THREE NOMINEES
SUBMITTED BY THE NEW YORK STATE DEFENDERS ASSOCIATION;
  H. ONE PERSON WITH A DEMONSTRABLE COMMITMENT TO IMPROVING THE  QUALITY
OF  PUBLIC  DEFENSE  REPRESENTATION  FROM  NOT  LESS THAN THREE NOMINEES
SUBMITTED BY THE NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS;
  I. ONE PERSON WHO IS A MEMBER OF AN   ORGANIZATION THAT  ADVOCATES  ON
BEHALF  OF  A  RACIAL MINORITY POPULATION IN NEW YORK FROM NOT LESS THAN
THREE NOMINEES SUBMITTED BY THE  NAACP  LEGAL  DEFENSE  AND  EDUCATIONAL
FUND;
  J.  ONE  PERSON  WHO  IS A MEMBER OF AN ORGANIZATION THAT ADVOCATES ON
BEHALF OF A RACIAL MINORITY POPULATION IN NEW YORK FROM  NOT  LESS  THAN
THREE  NOMINEES  SUBMITTED  BY  THE  LATINO  JUSTICE  PUERTO RICAN LEGAL
DEFENSE AND EDUCATION FUND; AND
  K. ONE PERSON WITH EXPERIENCE AS A CONSUMER OF PUBLIC DEFENSE SERVICES
WHO, HAVING BEEN EXONERATED OR HAVING PAID HIS OR HER DEBT TO SOCIETY BY
SERVICE OF A SENTENCE, HAS DEMONSTRATED A COMMITMENT TO THE  IMPROVEMENT
OF  LEGAL SERVICES FOR THOSE UNABLE TO AFFORD COUNSEL FROM NOT LESS THAN
THREE NOMINEES SUBMITTED BY THE FORTUNE SOCIETY.
  3. THE APPOINTMENT OF MEMBERS OF THE  COMMISSION  SHALL  BE  COMPLETED
WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE.
  S  499-F.  PUBLIC  DEFENSE COMMISSION; TERMS OF OFFICE; DESIGNATION OF
CHAIRPERSON; RE-APPOINTMENT; VACANCIES AND COMPENSATION. 1.  MEMBERS  OF
THE  COMMISSION SHALL SERVE TERMS OF FOUR YEARS; PROVIDED, HOWEVER, THAT
THE MEMBERS INITIALLY APPOINTED SHALL SERVE THE FOLLOWING TERMS: A.  THE

S. 6002                             5

THREE  MEMBERS  APPOINTED PURSUANT TO PARAGRAPHS I, J, AND K OF SUBDIVI-
SION TWO OF SECTION FOUR HUNDRED  NINETY-NINE-E  OF  THIS  ARTICLE,  ONE
YEAR; B.  THE THREE MEMBERS APPOINTED PURSUANT TO SUBPARAGRAPHS (II) AND
(III)  OF PARAGRAPH A AND PARAGRAPH F OF SUBDIVISION TWO OF SECTION FOUR
HUNDRED NINETY-NINE-E OF THIS ARTICLE, TWO YEARS; C. THE  THREE  MEMBERS
APPOINTED  PURSUANT  TO SUBPARAGRAPH (I) OF PARAGRAPH A AND PARAGRAPHS G
AND H OF SUBDIVISION TWO OF SECTION FOUR HUNDRED NINETY-NINE-E  OF  THIS
ARTICLE,  THREE  YEARS;  AND  D.  THE FOUR MEMBERS APPOINTED PURSUANT TO
PARAGRAPHS B, C, D AND E OF SUBDIVISION  TWO  OF  SECTION  FOUR  HUNDRED
NINETY-NINE-E OF THIS ARTICLE, FOUR YEARS.
  2.  MEMBERS  OF  THE COMMISSION SHALL SELECT BY MAJORITY VOTE A CHAIR-
PERSON FROM AMONG THEIR RANKS FOR A TERM OF TWO YEARS.
  3. MEMBERS OF THE COMMISSION MAY BE RE-APPOINTED TO  ADDITIONAL  TERMS
AND SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED.
  4.  VACANCIES  ON  THE COMMISSION SHALL BE FILLED PROMPTLY AND FOR THE
REMAINDER OF THE TERM  IN  THE  MANNER  PROVIDED  FOR  BY  THE  ORIGINAL
APPOINTMENT.
  5.  MEMBERS  OF  THE  COMMISSION  SHALL SERVE WITHOUT PAY BUT SHALL BE
REIMBURSED FOR THEIR REASONABLE, ACTUAL AND NECESSARY EXPENSES  INCURRED
IN THE PERFORMANCE OF THEIR DUTIES.
  S 499-G. PUBLIC DEFENSE COMMISSION; GENERAL POWERS, DUTIES AND RESPON-
SIBILITIES.  THE  COMMISSION SHALL HAVE THE POWER, DUTY AND RESPONSIBIL-
ITY:
  1. COMMENCING APRIL FIRST, TWO THOUSAND TWELVE, AND IN ACCORDANCE WITH
THE STRATEGIC PLAN PROMULGATED PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
SECTION,  TO  OVERSEE  AND ADMINISTER ALL PUBLIC DEFENSE SERVICES IN THE
STATE THROUGH THE COMBINED APPLICATION OF SUCH STATE  FUNDS  AS  MAY  BE
APPROPRIATED  THEREFOR AND FIXED ANNUAL LOCAL OFFSET CONTRIBUTION MONIES
AS DESCRIBED IN SECTION FOUR  HUNDRED  NINETY-NINE-M  OF  THIS  ARTICLE,
INCLUDING  BUT  NOT  LIMITED  TO MONIES FROM THE INDIGENT LEGAL SERVICES
FUND;
  2. TO ENGAGE IN AN EVALUATION OF EXISTING PUBLIC DEFENSE  SYSTEMS  AND
SERVICE  PROVIDERS  IN  THE  STATE BASED ON THE "STANDARDS FOR PROVIDING
MANDATED REPRESENTATION" AS ADOPTED BY THE NEW YORK  STATE  BAR  ASSOCI-
ATION'S  HOUSE  OF  DELEGATES AND THE "STANDARDS FOR PROVIDING CONSTITU-
TIONALLY AND STATUTORILY  MANDATED  LEGAL  REPRESENTATION  IN  NEW  YORK
STATE" AS ADOPTED BY THE NEW YORK STATE DEFENDERS ASSOCIATION'S BOARD OF
DIRECTORS, AND SUCH OTHER STATE AND NATIONAL STANDARDS AS THE COMMISSION
DEEMS APPROPRIATE, AND DEVELOP AND OVERSEE A SELF-EVALUATION PROCESS FOR
EXISTING PUBLIC DEFENSE PROVIDERS;
  3. TO CALCULATE THE COST OF PUBLIC DEFENSE SERVICES, INCLUDING BUT NOT
LIMITED  TO  THE  TOTAL  ACTUAL COST OF THE CURRENT SYSTEM FOR PROVIDING
SUCH SERVICES; THE PROJECTED COST WHEN THE SYSTEM IS SUBJECTED TO  MEAN-
INGFUL ECONOMIES OF SCALE, REDUCTION OF WASTE, AND ELIMINATION OF DUPLI-
CATION; AND THE PROJECTED ADDITIONAL COSTS REQUIRED TO ENSURE COMPLIANCE
WITH  NATIONAL,  ETHICAL AND STATE PROFESSIONAL STANDARDS AND BEST PRAC-
TICES;
  4. IN CONSULTATION WITH THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO
SUBDIVISION EIGHT OF THIS SECTION AND THE FINANCING TRANSITION  ADVISORY
COUNCIL  ESTABLISHED BY SECTION FOUR HUNDRED NINETY-NINE-K OF THIS ARTI-
CLE, TO PROMULGATE A STRATEGIC PLAN FOR THE ADMINISTRATION  AND  FUNDING
OF  TRIAL,  APPELLATE,  FAMILY  AND  CONFLICT  PUBLIC  DEFENSE  SERVICES
THROUGHOUT THE STATE. SUCH PLAN SHALL BE CONSISTENT WITH THE  PROVISIONS
AND  FURTHER  THE  PURPOSES  OF  THIS  ARTICLE  AND SHALL, AT A MINIMUM,
PROVIDE FOR: A. THE DESIGNATION OF GEOGRAPHIC REGIONS TO ALLOW  FOR  THE
MORE  EFFICIENT  AND  EFFECTIVE  PROVISION  OF  PUBLIC DEFENSE SERVICES,

S. 6002                             6

PROVIDED, HOWEVER, THAT REGIONS  ENCOMPASSING  MULTIPLE  COUNTIES  SHALL
INCLUDE  AT  LEAST  ONE  STAFFED  OFFICE IN EACH COUNTY SO AS TO PROVIDE
ADEQUATE ACCESS BY CLIENTS TO PUBLIC DEFENSE SERVICES; B. THE  AUTHORITY
OF THE COMMISSION TO CONTRACT WITH NOT-FOR-PROFIT PUBLIC DEFENSE SERVICE
PROVIDERS  TO  PROVIDE  PUBLIC  DEFENSE  SERVICES TO CLIENTS; AND C. THE
AUTHORITY OF THE COMMISSION TO DIRECTLY EMPLOY CRIMINAL  DEFENSE  ATTOR-
NEYS,  INVESTIGATORS AND OTHER PROFESSIONAL AND SUPPORT STAFF TO PROVIDE
PUBLIC DEFENSE SERVICES TO CLIENTS.
  5. COMMENCING TWELVE MONTHS AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE
AND  UNTIL MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, WHERE THE COMMISSION
DEEMS IT APPROPRIATE, TO ENTER INTO AN AGREEMENT WITH  ANY  COUNTY  THAT
SEEKS TO DISCONTINUE ITS PLAN FOR PROVIDING COUNSEL AND RELATED SERVICES
PURSUANT  TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION SIX OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE
COUNTY LAW;
  6. TO ADOPT PROCEDURES FOR THE IMPLEMENTATION OF  SUBDIVISION  SIX  OF
SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW;
  7.  TO  ESTABLISH  THE QUALIFICATIONS, DUTIES AND COMPENSATION FOR THE
STAFF OF THE COMMISSION AND APPOINT THE  STATE  DEFENDER  IN  ACCORDANCE
WITH  SECTION  FOUR  HUNDRED NINETY-NINE-H OF THIS ARTICLE, AND CONFLICT
DEFENDER, IF ANY;
  8.  TO ESTABLISH AN ADVISORY COMMITTEE  WHOSE  MEMBERS  SHALL  INCLUDE
PUBLIC  DEFENSE  PROVIDERS, REPRESENTATIVES FROM VOLUNTARY ORGANIZATIONS
SUCH AS BAR ASSOCIATIONS,  OTHER  CRIMINAL  JUSTICE  PROFESSIONALS,  AND
CLIENT  COMMUNITY  REPRESENTATIVES  TO ADVISE THE COMMISSION ABOUT DEFI-
CIENCIES IN PUBLIC DEFENSE SERVICES, POTENTIAL  WAYS  TO  CORRECT  THOSE
DEFICIENCIES AND THE COMMISSION'S OVERSIGHT AND  PLANNING FUNCTIONS;
  9.  SUBJECT TO THE PROHIBITION SET FORTH IN SECTION FOUR HUNDRED NINE-
TY-NINE-L OF THIS ARTICLE, TO ESTABLISH AND ENFORCE STATEWIDE  STANDARDS
FOR  PUBLIC  DEFENSE  SERVICES  TO ENSURE THAT QUALITY REPRESENTATION IS
PROVIDED BY COMPETENT COUNSEL IN A MANNER  THAT  IS  ZEALOUS,  FAIR  AND
CONSISTENT  THROUGHOUT  THE STATE. SUCH STANDARDS SHALL REFLECT NATIONAL
AND STATE PROFESSIONAL GUIDELINES AND BEST PRACTICES;
  10. TO PREPARE REPORTS, IN CONJUNCTION WITH THE STATE DEFENDER,  WHICH
SHALL INCLUDE DETAILED EXPENDITURE AND CASELOAD DATA, DESCRIBE, EVALUATE
AND  ANALYZE THE NEEDS OF THE PUBLIC DEFENSE SYSTEM AND MAKE RECOMMENDA-
TIONS FOR STATUTORY CHANGES, INCLUDING CHANGES IN THE CRIMINAL PROCEDURE
LAW, THE PENAL LAW, THE FAMILY COURT ACT, AND RELATED STATUTES AND COURT
RULES WHICH MAY BE APPROPRIATE FOR THE IMPROVEMENT OF THE ADMINISTRATION
OF JUSTICE, THE REHABILITATION  AND  RE-ENTRY  OF  OFFENDERS  AND  OTHER
RELATED  OBJECTIVES.    COMMENCING  IN TWO THOUSAND TEN, ONE SUCH REPORT
SHALL BE SUBMITTED ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER  OF  EACH
YEAR  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE STATE SENATE, THE
SPEAKER OF THE STATE ASSEMBLY, THE RESPECTIVE MINORITY LEADERS  OF  BOTH
HOUSES,  THE  CHIEF JUDGE OF THE COURT OF APPEALS AND THE CHIEF ADMINIS-
TRATIVE JUDGE OF THE UNIFIED COURT SYSTEM; AND
  11. TO PROPOSE SUCH AMENDMENTS TO EXISTING LAW AS MAY BE NECESSARY AND
APPROPRIATE TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS ARTICLE  AND
DO  ALL  THINGS  NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING ANCILLARY
AND INCIDENTAL ACTIVITIES, TO CARRY OUT ITS PURPOSES AND FOR  THE  EXER-
CISE OF THE POWERS GRANTED IN THIS ARTICLE.
  S  499-H. STATE DEFENDER.  1. THE STATE DEFENDER APPOINTED PURSUANT TO
SUBDIVISION SEVEN OF SECTION FOUR HUNDRED NINETY-NINE-G OF THIS  ARTICLE
SHALL  BE AN ATTORNEY, SHALL SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE
COMMISSION, SHALL HAVE THE AUTHORITY, IN CONSULTATION WITH  THE  COMMIS-
SION,  TO  HIRE  ATTORNEYS  AND  OTHER  STAFF AND TO TAKE ALL OTHER SUCH

S. 6002                             7

ACTIONS AS THE STATE DEFENDER AND THE COMMISSION DEEM NECESSARY TO CARRY
OUT THE PURPOSES OF THIS ARTICLE. IN ADDITION, THE STATE DEFENDER  SHALL
HAVE  COMPLETE  AUTHORITY,  TO THE EXCLUSION OF ALL OTHERS, TO SUPERVISE
THE  PERSONNEL  OF  THE  COMMISSION EXCEPT FOR THE CONFLICT DEFENDER, IF
ANY, AND RELATED CONFLICT STAFF WITH REGARD TO CASE-RELATED MATTERS.
  2. SALARY. A. THE SALARY OF THE STATE DEFENDER SHALL NOT BE LESS  THAN
THE  COMPENSATION  SET  FOR  THE  HIGHEST  PAID DISTRICT ATTORNEY IN THE
STATE.
  B. ALL STAFF MEMBERS EMPLOYED BY THE COMMISSION UNDER THIS ARTICLE ARE
ENTITLED TO FULL SALARIES, WAGES, BENEFITS AND PROMOTIONAL OPPORTUNITIES
AS ACCORDED TO OTHER FULL-TIME STATE EMPLOYEES AND/OR MANAGEMENT  CONFI-
DENTIAL EMPLOYEES OF THE STATE OF NEW YORK.
  C. THE COMMISSION SHALL DEVELOP A PLAN TO ESTABLISH FOR PUBLIC DEFENSE
PROVIDERS NOT LESS THAN COMPARABLE RATES FOR COMPARABLE POSITIONS WITHIN
THE  DISTRICT  ATTORNEYS  OFFICES  OR  WITHIN THAT OF OTHER GOVERNMENTAL
ADVERSARIES.
  S 499-I. ASSISTANCE BY STATE OFFICES, DEPARTMENTS,  BOARDS,  DIVISIONS
AND COMMISSIONS AND FROM LOCALITIES AND PUBLIC DEFENSE PROVIDERS. AT THE
REQUEST OF THE COMMISSION, ALL OTHER STATE OFFICES, DEPARTMENTS, BOARDS,
DIVISIONS AND COMMISSIONS, LOCALITIES AND PUBLIC DEFENSE PROVIDERS SHALL
RENDER  SUCH  INFORMATION, ASSISTANCE AND COOPERATION AS SHALL BE WITHIN
THEIR LEGAL AUTHORITY IN FURTHERANCE OF THE PURPOSES OF THIS ARTICLE.
  S 499-J. INDEPENDENCE; FISCAL DISCIPLINE. THE COMMISSION, WHILE  MAIN-
TAINING  THE INDEPENDENCE OF THE DEFENSE FUNCTION, PROTECTING THE CONFI-
DENTIALITY OF CLIENT RECORD  KEEPING,  AND  ASSURING  THE  INTEGRITY  OF
PROCEDURES  SUPPORTING  THE  REPRESENTATION  OF  PUBLIC DEFENSE CLIENTS,
SHALL, IN CONSULTATION WITH THE DIVISION OF THE BUDGET AND THE FINANCING
TRANSITION ADVISORY COUNCIL ESTABLISHED BY SECTION FOUR HUNDRED  NINETY-
NINE-K  OF  THIS  ARTICLE,  ADOPT SUCH POLICIES AND PROCEDURES AS MAY BE
NECESSARY AND APPROPRIATE TO ENSURE THAT THE COMMISSION OPERATES WITH  A
DEGREE  OF  FISCAL  DISCIPLINE  AND  ACCOUNTABILITY  COMPARABLE  TO THAT
REQUIRED OF EXECUTIVE AND OTHER AGENCIES OF THE STATE.
  S 499-K. FINANCING TRANSITION ADVISORY COUNCIL TO THE  COMMISSION.  1.
THERE SHALL BE ESTABLISHED FOR A PERIOD OF THREE YEARS A FINANCING TRAN-
SITION ADVISORY COUNCIL CONSISTING OF FIFTEEN MEMBERS TO BE APPOINTED BY
THE  GOVERNOR  TO SERVE AS AN ADVISORY BODY TO THE COMMISSION IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION. EIGHT OF THE MEMBERS SHALL  BE
APPOINTED  ON  THE BASIS OF THEIR PROFESSIONAL KNOWLEDGE OF THE WORKINGS
OF COUNTY OR CITY GOVERNMENT, THEIR EXPERIENCE AS A COUNTY  OFFICIAL  IN
THE  PROVISION  OF  COUNTY  SERVICES, THEIR EXPERIENCE AS AN OFFICIAL OR
STAFF MEMBER OF THE NEW YORK STATE ASSOCIATION OF COUNTIES OR  OTHERWISE
ON  THE  BASIS OF THEIR ADVOCACY FOR THE RIGHTS AND INTERESTS OF LOCALI-
TIES. AT LEAST FIVE OF THE MEMBERS SHALL BE APPOINTED ON  THE  BASIS  OF
THEIR EXPERIENCE IN THE ADMINISTRATION OF STATE AID TO LOCALITIES, THEIR
PROFESSIONAL  KNOWLEDGE  OF  THE  METHODS  AND PRACTICES OF THE NEW YORK
STATE DIVISION OF THE BUDGET, THEIR EXPERIENCE IN  DESIGNING  STATE  AID
PROGRAMS,  THEIR EXPERTISE IN DESIGNING AND CALCULATING REVENUE STREAMS,
OR SIMILAR STATE BUDGET EXPERTISE.  IN  MAKING  SUCH  APPOINTMENTS,  THE
GOVERNOR  SHALL  ENDEAVOR  TO  INSURE THAT THE OVERALL MEMBERSHIP OF THE
COUNCIL ADEQUATELY REFLECTS THE RURAL, SUBURBAN AND URBAN AREAS  OF  THE
STATE.
  2.  MEMBERS  OF  THE  COUNCIL  SHALL  BE APPOINTED FOR A TERM OF THREE
YEARS.   VACANCIES SHALL BE  FILLED  IN  THE  SAME  MANNER  AS  ORIGINAL
APPOINTMENTS FOR THE REMAINDER OF ANY UNEXPIRED TERM.
  3. THE GOVERNOR SHALL DESIGNATE ONE MEMBER OF THE COUNCIL AS ITS CHAIR
TO SERVE AS SUCH AT THE PLEASURE OF THE GOVERNOR.

S. 6002                             8

  4.  COUNCIL  MEMBERS  SHALL  NOT RECEIVE COMPENSATION, BUT EACH MEMBER
SHALL BE ENTITLED  TO  RECEIVE  HIS  OR  HER  REASONABLE  AND  NECESSARY
EXPENSES  INCURRED  IN  CONNECTION  WITH HIS OR HER SERVICES AS A MEMBER
WITHIN THE AMOUNTS APPROPRIATED THEREFOR.
  5.  THE  COUNCIL  SHALL  HAVE AN EXECUTIVE SECRETARY DESIGNATED BY THE
CHAIR OF THE COMMISSION. THE CHAIR OF THE  COMMISSION  MAY  ALSO  ASSIGN
SUCH  OTHER  COMMISSION  OFFICERS  AND EMPLOYEES AS THE COMMISSION DEEMS
PRUDENT TO ASSIST THE COUNCIL IN THE PERFORMANCE OF ITS DUTIES.
  6. THE COUNCIL SHALL ADVISE AND ASSIST THE  COMMISSION  IN  DEVELOPING
POLICIES,  PLANS  AND PROGRAMS TO CARRY OUT A SEAMLESS TRANSITION FROM A
PRIMARILY  LOCALLY-FUNDED  PUBLIC  DEFENSE   SYSTEM   TO   A   PRIMARILY
STATE-FUNDED  PUBLIC  DEFENSE  SYSTEM  ADMINISTERED  EXCLUSIVELY  BY THE
COMMISSION. THE COUNCIL MAY CONSIDER ANY MATTER RELATED TO ENSURING THAT
THE LONG-TERM RELATIONSHIP BETWEEN THE STATE  AND  LOCALITIES  REGARDING
THE ADMINISTRATION OF PUBLIC DEFENSE SERVICES BE EQUITABLE, TRANSPARENT,
FAIR  AND  PERMANENT AND SHALL ADVISE THE COMMISSION ON ANY SUCH MATTER,
INCLUDING BUT NOT LIMITED TO:
  A. DEVISING A FAIR AND EQUITABLE FORMULA FOR  FIXING  AND  PERMANENTLY
CAPPING  OFFSET CONTRIBUTIONS BY LOCALITIES TO THE TOTAL COST OF PROVID-
ING PUBLIC DEFENSE SERVICES, WHICH FORMULA  SHALL,  IF  ADOPTED  BY  THE
COMMISSION,  BECOME  EFFECTIVE  NO EARLIER THAN TWO THOUSAND TWENTY-TWO.
SUCH FORMULA SHOULD, AT A MINIMUM, ADDRESS AND CORRECT  CURRENT  INEQUI-
TIES  IN THE COMPARATIVE NET LOCAL EXPENDITURES MADE BY COUNTIES HISTOR-
ICALLY AND CURRENTLY IN PROVIDING SERVICES  PURSUANT  TO  ARTICLE  EIGH-
TEEN-B  OF  THE  COUNTY  LAW, AND INCLUDE RECOMMENDATIONS FOR METHODS TO
ASSURE COUNTIES OF THE BONA FIDES OF THE STATE IN ITS LONG-TERM  CAPPING
OF THE FISCAL LIABILITY OF LOCALITIES;
  B. IDENTIFICATION OF INDIRECT COSTS NOW BORNE BY COUNTIES WHICH SHOULD
BECOME  STATE  CHARGES  AT  THE  TIME  OF THE COMMISSION'S ASSUMPTION OF
RESPONSIBILITY FOR THE PUBLIC DEFENSE SYSTEM; AND
  C. SUCH OTHER MATTERS AS THE COUNCIL DEEMS NECESSARY  TO  CONSIDER  OR
THE COMMISSION OR THE DIVISION OF THE BUDGET MAY REQUEST THAT IT CONSID-
ER.
  7.  THE COUNCIL SHALL MEET AT THE REQUEST OF ITS CHAIR OR THE CHAIR OF
THE COMMISSION AS NECESSARY BUT IN NO EVENT LESS  THAN  FOUR  TIMES  PER
YEAR.
  S  499-L.  ENFORCEMENT  OF STANDARDS; PROHIBITION. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE COMMISSION SHALL HAVE NO POWER  OR
AUTHORITY  TO  IMPOSE,  ENFORCE  OR  OTHERWISE REQUIRE COMPLIANCE BY ANY
LOCALITY OR PUBLIC DEFENSE SERVICE PROVIDER WITH ANY STANDARDS,  INCLUD-
ING BUT NOT LIMITED TO STANDARDS RELATING TO ATTORNEY CASELOADS, ETHICS,
PROFESSIONAL   TRAINING   AND  CLIENT  ELIGIBILITY  FOR  PUBLIC  DEFENSE
SERVICES, UNTIL SUCH TIME AS THE COMMISSION, IN ACCORDANCE WITH SUBDIVI-
SION ONE OF SECTION FOUR HUNDRED  NINETY-NINE-G  OF  THIS  ARTICLE,  HAS
ASSUMED  COMPLETE RESPONSIBILITY FOR THE OVERSIGHT AND ADMINISTRATION OF
PUBLIC DEFENSE SERVICES IN THE STATE.
  S 499-M.  ELIMINATION  OF  LOCAL  RESPONSIBILITY  FOR  PUBLIC  DEFENSE
SERVICES; FIXED ANNUAL LOCAL OFFSET CONTRIBUTION. 1. NOTWITHSTANDING ANY
PROVISION  OF  LAW  TO THE CONTRARY, EACH LOCALITY IN THE STATE SHALL BE
PERMANENTLY RELIEVED OF THE OBLIGATION TO PROVIDE AND ADMINISTER  PUBLIC
DEFENSE  SERVICES,  AND THE ADMINISTRATION OF SUCH SERVICES SHALL BECOME
SOLELY A STATE OBLIGATION AND CHARGE SUBJECT  ONLY  TO  A  FIXED  OFFSET
CONTRIBUTION  TO BE PAID ANNUALLY BY EACH LOCALITY TO THE INDIGENT LEGAL
SERVICES FUND TO THE CREDIT OF THE  COMMISSION  WHICH  SHALL  ADMINISTER
SUCH  SERVICES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE; 2. THE
AGGREGATE OFFSET SHALL BE IN THE AMOUNT  OF  THREE  HUNDRED  THIRTY-NINE

S. 6002                             9

MILLION  DOLLARS  AND LOCALITIES SHALL BE OBLIGATED TO PAY, ON AN ANNUAL
BASIS, A PERCENTAGE OF THAT AMOUNT BASED ON THE AVERAGE OF THE  PERCENT-
AGES  OF  TOTAL NET LOCAL EXPENDITURES MADE BY THEM BETWEEN TWO THOUSAND
TWO  AND  TWO  THOUSAND  EIGHT  AS CALCULATED BY THE OFFICE OF THE STATE
COMPTROLLER IN THE ADMINISTRATION OF THE INDIGENT LEGAL  SERVICES  FUND;
PROVIDED HOWEVER, THAT (A) IN ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION
SIX  OF  SECTION FOUR HUNDRED NINETY-NINE-K OF THIS ARTICLE, THE COMMIS-
SION MAY, COMMENCING IN TWO THOUSAND TWENTY-TWO, ADOPT AND  IMPLEMENT  A
REVISED  FIXED ANNUAL LOCAL OFFSET CONTRIBUTION AMOUNT FOR EACH LOCALITY
BASED ON THE FORMULA RECOMMENDED TO  THE  COMMISSION  BY  THE  FINANCING
TRANSITION  ADVISORY  COUNCIL;  AND (B) THE AGGREGATE AMOUNT OF ANY SUCH
REVISED FIXED ANNUAL LOCAL OFFSET CONTRIBUTIONS SHALL NOT  EXCEED  THREE
HUNDRED THIRTY-NINE MILLION DOLLARS.
  S 2. Section 722 of the county law is amended by adding a new subdivi-
sion 6 to read as follows:
  6.  DISCONTINUANCE  OF  PLAN  AT COUNTY REQUEST. (A) REQUEST TO PUBLIC
DEFENSE COMMISSION. NOTWITHSTANDING ANY PROVISION  OF  THIS  ARTICLE  OR
ARTICLE  EIGHTEEN-A  OF THIS CHAPTER TO THE CONTRARY, THE CHIEF ADMINIS-
TRATIVE OFFICER OF A COUNTY OTHER THAN A COUNTY WHOLLY CONTAINED  WITHIN
A  CITY MAY, WITH THE APPROVAL OF THE GOVERNING BOARD OF SUCH COUNTY AND
IN ACCORDANCE WITH APPLICABLE PROCEDURES PROMULGATED  BY  THE  NEW  YORK
STATE   PUBLIC   DEFENSE  COMMISSION  ESTABLISHED  PURSUANT  TO  ARTICLE
FIFTEEN-A OF THE JUDICIARY LAW, REQUEST SUCH COMMISSION TO  ASSUME  FULL
RESPONSIBILITY  FOR  PROVIDING  COUNSEL AND RELATED SERVICES PURSUANT TO
THIS ARTICLE TO PERSONS CHARGED WITH A CRIME OR  OTHERWISE  ENTITLED  TO
ASSIGNMENT OF COUNSEL PURSUANT TO THIS SECTION. (B) GRANTING OF REQUEST;
ASSUMPTION  OF RESPONSIBILITIES. WHERE, UPON SUCH TERMS AS MAY BE AGREED
TO BY SUCH COUNTY AND THE COMMISSION, RESPONSIBILITY FOR PROVIDING COUN-
SEL AND RELATED SERVICES PURSUANT TO THIS SUBDIVISION IS TRANSFERRED  TO
AND  ASSUMED  BY  THE COMMISSION, SUCH COUNTY SHALL DISCONTINUE THE PLAN
PLACED IN OPERATION PURSUANT TO THIS SECTION,  WHEREUPON  THE  COST  FOR
PROVIDING  COUNSEL  AND  ALL  SERVICES  OTHER  THAN  COUNSEL PURSUANT TO
SECTION SEVEN HUNDRED TWENTY-TWO-C OF THIS ARTICLE SHALL BECOME SOLELY A
COMMISSION CHARGE; PROVIDED, HOWEVER THAT SUCH COUNTY, DURING THE PERIOD
OF SUCH DISCONTINUANCE AND IN ACCORDANCE WITH THE TERMS OF  SUCH  AGREE-
MENT, SHALL PAY TO THE INDIGENT LEGAL SERVICES FUND ESTABLISHED PURSUANT
TO SECTION NINETY-EIGHT-B OF THE STATE FINANCE LAW AN ANNUAL AGREED UPON
DISCONTINUANCE  OFFSET  CONTRIBUTION  TO  THE  CREDIT OF THE COMMISSION.
NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED  TO  PRECLUDE  THE
SUBMISSION  OF A JOINT REQUEST TO THE COMMISSION BY TWO OR MORE COUNTIES
PURSUANT TO THIS SUBDIVISION.
  S 3. Articles 18-A and 18-B of the county law are REPEALED.
  S 4. Subdivisions 3 and 4 of section 98-b of the  state  finance  law,
subdivision  3  as  amended  by section 1 of part H of chapter 56 of the
laws of 2004, paragraph (b) of subdivision 3 as amended by section 1  of
part  G  of chapter 56 of the laws of 2005 and subdivision 4 as added by
section 12 of part J of chapter 62 of the laws of 2003, are  amended  to
read as follows:
  3.  (a)  As provided in this subdivision, moneys received by the indi-
gent 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,]  THE
STATE in providing legal representation [for persons who are financially
unable  to  afford  counsel pursuant to article eighteen-B of the county
law] PURSUANT TO THE PUBLIC DEFENSE ACT OF 2009;  and  (ii)  assist  the

S. 6002                            10

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  coun-
ties and such city in providing representation pursuant to article eigh-
teen-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 arti-
cle 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 para-
graph, 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  coun-
ties  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 subdi-
vision; and

S. 6002                            11

  (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 percent-
age 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 comp-
troller. 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] THE PUBLIC DEFENSE COMMISSION CREATED BY THE PUBLIC DEFENSE ACT
OF 2009.
  [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 coun-
ty 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 calen-
dar  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 subpar-
agraph,  whether  there  has  been an improvement in the quality of such
services shall be determined by considering the expertise, training  and

S. 6002                            12

resources made available to attorneys, experts and investigators provid-
ing 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.]
  S 5. This act shall take effect immediately; provided,  however,  that
section 499-m of the judiciary law, as added by section one of this act,
and  the provisions of section three of this act shall take effect April
1, 2012; provided further the provisions of section  four  of  this  act
shall  take effect January 1, 2012; and, provided further the amendments
to section 722 of the county law made by section two of this  act  shall
take effect one year after such effective date.