S T A T E O F N E W Y O R K
________________________________________________________________________
6389--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 23, 2015
___________
Introduced by M. of A. LENTOL -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes --
recommitted to the Committee on Codes in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the county law, in relation to plans for representation
of persons accused of a crime or certain parties in family court or
surrogate's court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b) and (c) of subdivision 3 of section 722 of
the county law, as amended by section 3 of part E of chapter 56 of the
laws of 2010, are amended to read as follows:
(b) Any plan of a bar association must receive the approval of the
[state administrator] OFFICE OF INDIGENT LEGAL SERVICES before the plan
is placed in operation. In the county of Hamilton, representation pursu-
ant to a plan of a bar association in accordance with subparagraph (i)
of paragraph (a) of this subdivision may be by counsel furnished by the
Fulton county bar association pursuant to a plan of the Fulton county
bar association, following approval of the [state administrator] OFFICE
OF INDIGENT LEGAL SERVICES. When considering approval of an office of
conflict defender pursuant to this section, the [state administrator]
OFFICE OF INDIGENT LEGAL SERVICES shall employ the guidelines IT HAS
HERETOFORE established [by the office of indigent legal services] pursu-
ant to paragraph (d) of subdivision three of section eight hundred thir-
ty-two of the executive law.
(c) Any county operating an office of conflict defender, as described
in subparagraph (ii) of paragraph (a) of this subdivision, as of March
thirty-first, two thousand ten may continue to utilize the services
provided by such office provided that the county submits a plan to the
state administrator within one hundred eighty days after the promulga-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08416-04-6
A. 6389--A 2
tion of criteria for the provision of conflict defender services by the
office of indigent legal services. The authority to operate such an
office pursuant to this paragraph shall expire when the state adminis-
trator (OR, ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, THE OFFICE
OF INDIGENT LEGAL SERVICES) approves or disapproves such plan. Upon
approval, the county is authorized to operate such office in accordance
with paragraphs (a) and (b) of this subdivision.
S 2. Subdivision 3 of section 722 of the county law is amended by
adding a new paragraph (d) to read as follows:
(D) FOR PURPOSES OF THIS SUBDIVISION, ANY PLAN OF A BAR ASSOCIATION
APPROVED HEREUNDER PURSUANT TO THIS SUBDIVISION, AS PROVIDED PRIOR TO
APRIL FIRST, TWO THOUSAND SEVENTEEN, SHALL REMAIN IN EFFECT UNTIL IT IS
SUPERSEDED BY A PLAN APPROVED BY THE OFFICE OF INDIGENT LEGAL SERVICES
OR DISAPPROVED BY SUCH OFFICE.
S 3. Subdivision 1 and paragraph (a) of subdivision 2 of section 722-f
of the county law, subdivision 1 as added by chapter 761 of the laws of
1966 and as designated and paragraph (a) of subdivision 2 as added by
section 4 of part J of chapter 62 of the laws of 2003, are amended to
read as follows:
1. A public defender appointed pursuant to article eighteen-A of this
chapter, a private legal aid bureau or society designated by a county or
city pursuant to subdivision two of section seven hundred twenty-two of
this [chapter] ARTICLE, [and] an administrator of a plan of a bar asso-
ciation appointed pursuant to subdivision three of section seven hundred
twenty-two of this [chapter] ARTICLE AND AN OFFICE OF CONFLICT DEFENDER
ESTABLISHED PURSUANT TO SUCH SUBDIVISION shall file an annual report
with the [judicial conference] CHIEF ADMINISTRATOR OF THE COURTS AND THE
OFFICE OF INDIGENT LEGAL SERVICES. SUCH REPORT SHALL BE FILED at such
times and in such detail and form as the [judicial conference] OFFICE OF
INDIGENT LEGAL SERVICES may direct.
(a) 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
file an annual report which specifies in detail and certifies to the
state comptroller the total expenditures of such county or city, identi-
fying "local funds", as defined in subdivision [four] TWO of section
ninety-eight-b of the state finance law, state funds, federal funds and
funds received from a "private source" as described in subdivision
[four] TWO of section ninety-eight-b of the state finance law, for
providing legal representation to persons who were financially unable to
afford counsel, pursuant to this article. Such annual report, A COPY OF
WHICH ALSO SHALL BE FILED WITH THE OFFICE OF INDIGENT LEGAL SERVICES,
shall be made on a form developed for such purpose by the state comp-
troller.
S 4. This act shall take effect April 1, 2017.