S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3864
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT establishing  the  New  York  state  public  defense  commission,
   providing  for  the  members, powers and duties thereof, and providing
   fiscal relief to localities; and to amend the county law, in  relation
   to public defense services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declaration. The legislature finds
 and declares that in  certain  proceedings  the  state  is  required  to
 provide  high  quality legal assistance to persons otherwise financially
 unable to obtain counsel and/or afford the necessary expenses of  repre-
 sentation.  Providing  public  defense  services  to  those  who face an
 economic barrier to obtaining legal counsel serves the ends  of  justice
 in  accordance with rights and privileges guaranteed by the constitution
 of the state of New York and the constitution of the  United  States  of
 America.  The  availability  of  high  quality  public  defense services
 affirms the faith of our citizens in our government of laws.
   The legislature further finds that the  present  system  of  requiring
 localities  to  provide public defense services with little state finan-
 cial assistance and no state oversight does  not  and  cannot  meet  the
 foregoing  objectives.  The existing statutory limit on fees for counsel
 assigned to provide public defense services has resulted in  a  shortage
 of  qualified  lawyers  to  provide defense services, thereby denying or
 delaying the representation to which public defense  clients  are  enti-
 tled.  The  present  system  has  caused court congestion and delay, and
 eroded public trust and confidence in the legal system.
   The legislature further finds that localities are struggling to  carry
 the increasing burden of fulfilling the state mandate to provide defense
 services,  and  cannot  bear  alone the cost of raising assigned counsel

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07387-01-9
              

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 fees to reasonable levels. Local property owners should  be  given  some
 relief from the obligation of providing public defense services.
   The  legislature  further finds that no mechanism currently exists for
 state oversight of the provision of public defense services, despite its
 character as a state mandate and the appropriation of some  state  funds
 to support public defense services. Sound fiscal and governmental policy
 requires  oversight of defense services to ensure that the state mandate
 is being met, and to determine the most effective and  efficient  future
 allocation of state funds. Certain defense services can most efficiently
 and  effectively be provided by an independent commission.  Some locali-
 ties, especially those with smaller  populations,  could  benefit  by  a
 mechanism for delivering defense services directly by the state.
   The  legislature  further  finds  that public defense services must be
 provided in a manner that ensures the  independence  of  public  defense
 providers.
   Therefore, to address these needs, the legislature establishes in this
 act  the  New  York  state  public  defense commission to oversee public
 defense services in this state, reimburse localities for public  defense
 expenditures,  and  provide  defense  services  in extraordinary circum-
 stances.
   § 2. Short title. This act shall be known and may be cited as the "New
 York state public defense commission act".
   § 3. Definitions. As used in this act, the following terms are defined
 as follows:
   1. "Client" means a person who is currently receiving or  received  in
 the past public defense services.
   2. "Client community" means clients, their families, geographic neigh-
 borhoods  in  which  a significant number of clients live, and organiza-
 tions dedicated to providing support  and/or  advocacy  to  clients  and
 their families and neighborhoods.
   3.  "Commission"  means  the  New York state public defense commission
 established pursuant to section four of this act.
   4. "Committee" shall mean the nominating committee established  pursu-
 ant to section five of this act.
   5.  "Director"  shall  mean  the  director  of public defense services
 appointed pursuant to section six of this act.
   6. "Eligible person" means any person  financially  unable  to  obtain
 counsel  and/or  afford  the  necessary expenses of representation, when
 such person is suspected or accused of, charged with,  or  convicted  of
 committing  an offense, or is a party in family court, surrogate's court
 or other proceedings, and is entitled to counsel by law.
   7. "Locality" means a county, except that within  any  county  in  the
 city of New York such term shall mean the city of New York.
   8.  "Public  defense  services"  or  "defense services" means publicly
 financed legal representation, including the services of an attorney and
 all necessary ancillary services, provided to persons financially unable
 to obtain counsel and/or afford  the  necessary  expenses  of  represen-
 tation,  when such persons are suspected or accused of, charged with, or
 convicted of committing an offense, or  are  parties  in  family  court,
 surrogate's  court  or other proceedings, and are entitled to counsel by
 law.
   § 4. New York state public defense  commission.  1.  There  is  hereby
 established  the New York state public defense commission, a body corpo-
 rate and public constituting a public benefit corporation.  The  commis-
 sion shall be composed of thirteen members.
   2. a. The members of the commission shall be appointed as follows:

 A. 3864                             3
 
   (i)  seven  members  shall  be appointed by the governor in accordance
 with the provisions of paragraph c of this subdivision;
   (ii)  one  member shall be appointed by the temporary president of the
 senate;
   (iii) one member shall be appointed by the speaker of the assembly;
   (iv) one member shall be appointed  by  the  minority  leader  of  the
 senate;
   (v) one member shall be appointed by the minority leader of the assem-
 bly;
   (vi)  one member shall be appointed by the chief judge of the court of
 appeals; and
   (vii) one member shall be appointed by the administrative board of the
 courts.
   b. No member of the commission  shall  be  a  judge,  prosecutor,  law
 enforcement officer or employee thereof, or public official, unless such
 official is engaged exclusively in providing and/or administering public
 defense services.
   c.    (i) Five of the seven members appointed by the governor shall be
 appointed as follows:
   (A) one with the qualifications enumerated in paragraph a of  subdivi-
 sion  three  of  section  five  of this act, shall be appointed upon the
 recommendation of the New York State  Association  of  Criminal  Defense
 Lawyers;
   (B)  one with the qualifications enumerated in paragraph b of subdivi-
 sion three of section five of this act,  shall  be  appointed  upon  the
 recommendation of the Vera Institute of Justice;
   (C)  one with the qualifications enumerated in paragraph c of subdivi-
 sion three of section five of this act,  shall  be  appointed  upon  the
 recommendation of the Community Action Association of New York;
   (D)  one with the qualifications enumerated in paragraph d of subdivi-
 sion three of section five of this act,  shall  be  appointed  upon  the
 recommendation of the New York State Defenders Association; and
   (E)  one with the qualifications enumerated in paragraph e of subdivi-
 sion three of section five of this act,  shall  be  appointed  upon  the
 recommendation of the New York State Bar Association.
   (ii)  In  the case of members to be appointed pursuant to subparagraph
 (i) of this paragraph, the governor may request the provision  of  addi-
 tional  recommended qualified candidates from the appropriate recommend-
 ing entity.  The two members of the commission appointed solely  by  the
 governor and all other members appointed by the other appointing author-
 ities  shall  be  selected  from  the pool of candidates provided by the
 committee pursuant to section five of this  act.    A  majority  of  the
 members  of  the  commission  shall be attorneys admitted to practice in
 this state.
   d. The members of the commission shall  serve  terms  of  four  years;
 provided,  however, that the members initially appointed shall serve the
 following terms:
   (i) two members appointed by the governor, two years;
   (ii) two members appointed by the governor, and the members  appointed
 by  the chief judge of the court of appeals and the administrative board
 of the courts, three years; and
   (iii) all remaining members, four years.
   All members may be reappointed to additional  terms  and  shall  serve
 until their successors are appointed.  Vacancies on the commission shall
 be  filled  for  the remainder of the term in the manner provided for by
 the original appointment.

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   3. The members of the commission shall  receive  no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties.
   4. The powers of the corporation shall be vested in and shall be exer-
 cised  by  the  commission  at  any meeting duly called and held where a
 quorum of eight members is present. No action  shall  be  taken  by  the
 commission  except  pursuant  to  the  favorable  vote of at least seven
 members present at the meeting at which such action is taken.
   5. Any action required or permitted to be taken by the  commission  or
 any  committee  thereof may be taken without a meeting if all members of
 the commission or the committee consent in writing to the adoption of  a
 resolution  authorizing  such  action.  The  resolution  and the written
 consents thereto by the members of the commission or committee shall  be
 filed  with  the minutes of the proceedings of the commission or commit-
 tee.
   6. The members of the commission or any committee thereof may  partic-
 ipate in a meeting of such commission or committee by means of a confer-
 ence  telephone or similar communications equipment allowing all persons
 participating in the meeting to  hear  each  other  at  the  same  time;
 participation  by such means shall constitute presence in person at such
 meeting.
   7. The commission shall establish an advisory committee representative
 of public defenders, attorneys-in-charge of private legal aid bureaus or
 societies  and  not-for-profit  corporations,  voluntary   associations,
 organizations  providing  public  defense services, and assigned counsel
 administrators in all areas of the state.
   § 5. Nominating committee. 1. There is hereby established  the  public
 defense   commission  nominating  committee.  Such  committee  shall  be
 composed of eleven members as follows:
   a. the commissioner of criminal justice services, or his or her desig-
 nee;
   b. a representative of the New York State Association of Counties;
   c. a representative of the New York State Bar Association;
   d. a representative of the Vera Institute of Justice;
   e. a representative of the Community Action Association of New York;
   f. a representative of the Fund for Modern Courts;
   g. a representative of the Puerto Rican Legal  Defense  and  Education
 Fund;
   h. a representative of the National Association for the Advancement of
 Colored People Legal Defense and Educational Fund;
   i.  a  representative  of  the  New York State Association of Criminal
 Defense Lawyers;
   j. a representative of the New York State Defenders Association; and
   k. the president or chief executive officer of  the  League  of  Women
 Voters of New York state, or their designee, who shall chair the commit-
 tee.
   2. The committee shall deliberate upon and apply the categories estab-
 lished  in  subdivision  three  of this section to select and maintain a
 pool of not less than twenty nor more than thirty-five qualified  candi-
 dates  for  appointment  to  the commission. In such selection, it shall
 take into account the  need  for  broad  representation  reflecting  the
 geographic, racial, ethnic, gender and cultural diversity of the state's
 public defense clients. Organizations including, but not limited to, the
 following shall be solicited on a need basis to recommend candidates:
   a.  entities  or  plans  providing public defense services and related
 human services;

 A. 3864                             5
 
   b. professional legal organizations, including bar associations; and
   c.  social  justice  organizations and civic organizations, especially
 organizations composed of or concerned with persons or groups  who  have
 been public defense clients and communities that include a high percent-
 age of public defense clients.
   The committee shall meet biennially to select a new pool of candidates
 which  may include candidates selected for previous pools. The League of
 Women Voters of New York State shall be entitled to reasonable  expenses
 incurred in organizing the work of the committee.
   3.  The  following  shall be the categories of qualifications that the
 nominating committee shall utilize  in  nominating  candidates  for  the
 commission:
   a.  experienced and distinguished trial and appellate criminal defense
 practitioners with a demonstrated and  deep-rooted  sensitivity  to  the
 complex  issues  affecting  people in poverty and a proven commitment to
 enhancing the constitutional rights of clients and the client community;
   b. persons with established credentials that demonstrate  the  ability
 to  make innovations designed to conserve public resources while enhanc-
 ing legal or other human services to low income clients in the  criminal
 justice system;
   c.  former consumers of public defense services who, having been exon-
 erated or having paid their debt to society by service  of  a  sentence,
 have  demonstrated a commitment to the improvement of legal services for
 those unable to afford counsel;
   d. persons with a proven commitment to  enhancing  the  constitutional
 rights  of  low income clients and who administer or have administered a
 public defense system in this state or a state public defense system  in
 one of the United States of America whose experience can aid New York in
 formulating  an  organized  statewide approach to ensuring quality local
 defense services; and
   e. lawyers from moderate to large sized  general  practice  law  firms
 with  an  established  and demonstrated commitment to resolving problems
 associated with the representation of low income people whose experience
 in the representation of clients  can  enhance  the  ability  of  public
 sector lawyers to take advantage of private sector firm management tech-
 niques.
   § 6. Director of public defense services. The commission shall appoint
 a  full  time director of public defense services who shall be the chief
 administrative officer of the commission. The director shall be  commit-
 ted to the professional representation of low income people, admitted or
 eligible  and  willing  to seek admission to the practice of law in this
 state, have significant experience as an administrator of or practition-
 er in a public defense program or service and be appointed for a renewa-
 ble term of four years.  The salary of the director shall  be  not  less
 than the salary of the highest paid district attorney in the state.
   §  7.  General  powers  of  the  commission. The commission shall have
 power:
   1. to sue and be sued, and to participate in actions and  proceedings,
 whether judicial, administrative, arbitrative or otherwise;
   2.  to  have  a corporate seal, to alter such seal at pleasure, and to
 use it by causing it or a  facsimile  to  be  affixed  or  impressed  or
 reproduced in any other manner;
   3.  to  purchase,  receive,  take  by  grant, gift, devise, bequest or
 otherwise, lease, otherwise acquire, own, hold,  improve,  employ,  use,
 and  otherwise deal in and with real or personal property, or any inter-
 est therein, wherever situated;

 A. 3864                             6
 
   4. to purchase, take, receive, subscribe for, otherwise acquire,  own,
 hold,  vote,  employ,  sell,  lend, lease, exchange, transfer, otherwise
 dispose of, mortgage, pledge, use, and otherwise deal in and with  bonds
 and  other  obligations, shares, or other securities or interests issued
 by  others,  whether  engaged  in similar or different business, govern-
 mental or other activities;
   5. to offer participation in the New York state and  local  employees'
 retirement  system  for all its officers and employees, and to establish
 and carry out other retirement plans authorized pursuant to the  retire-
 ment  and  social security law, which may be offered to all of its offi-
 cers and employees not participating in the New  York  state  and  local
 employees'  retirement  systems,  and  to  establish and carry out other
 incentive and benefit plans, trusts and provisions for any or all of its
 officers and employees, subject to the applicable provisions of  article
 fourteen of the civil service law;
   6. to fix, compromise and collect rates, rentals, fees, lease payments
 and  other  charges  for  the  services rendered by it or for use of the
 facilities owned, controlled or administered by, or in the  exercise  of
 the powers of the commission;
   7.  to  conduct  the activities of the commission and have offices and
 exercise the powers granted by this act but not to  interfere  with  the
 professional  responsibilities  of  any  attorney to any client absent a
 clear violation by the attorney of the disciplinary rules of the code of
 professional responsibility set out in part 1200 of title 22 of the  New
 York codes, rules and regulations;
   8.  to  appoint  such officers, employees and agents as the commission
 may require for the performance of its duties and to fix  and  determine
 their qualifications, duties and compensation;
   9. to retain or employ counsel, auditors and other private consultants
 on  a contract basis or otherwise for rendering professional, management
 or technical services and advice;
   10. to make, adopt, amend, enforce and repeal rules for its governance
 and internal management and personnel practices;
   11. to make and alter by-laws for its organization and management;
   12. to designate the depositories of its money;
   13. to establish its fiscal year; and
   14. to do all things necessary,  convenient  or  desirable,  including
 ancillary  and  incidental activities, to carry out its purposes and for
 the exercise of the powers granted in this act.
   § 8. Public defense services standards. The  commission  shall  adopt,
 maintain  and  publish  standards  for  the  provision of public defense
 services. Such standards shall reflect national professional  guidelines
 and standards in the field and shall include, but not be limited to:
   1.  independence  of  the  defense  function  and  quality  of defense
 services;
   2. reliability and sufficiency of defense funding;
   3. vertical or continuous representation at the  pre-trial  and  trial
 stages  by  the attorney either assigned or appointed, unless the client
 would demonstrably benefit from a change in counsel;
   4. required participation by each attorney in approved training in the
 fundamentals and/or advanced techniques of criminal defense practice;
   5. specified caseload/workload limitation levels;
   6. investigative services;
   7. the provision of social services or social services referrals;
   8. availability of expert witnesses to assist counsel;

 A. 3864                             7
 
   9. clerical assistance, interview facilities and the  availability  of
 law library and research materials to counsel; and
   10.  adequate  supervision provided by experienced attorneys including
 mentoring to less experienced attorneys.
   § 9. State financial  assistance  to  localities  and  public  defense
 providers  for  provision of public defense services. 1.  Within amounts
 appropriated therefor, such moneys as are reasonable and  necessary  for
 the  commission  to  operate  and  to pay the state financial assistance
 provided for in this act shall be disbursed to the commission.
   2. Within funds appropriated therefor, the commission  shall  adopt  a
 plan  for  state financial assistance to localities for the provision of
 public defense services.
   3. A locality may apply to the commission for state financial  assist-
 ance  for defense services, or may elect to allow public defense provid-
 ers that receive local funds to seek state financial assistance  direct-
 ly.  To receive full state financial assistance pursuant to this section
 for the provision of defense services after the adoption by the  commis-
 sion  of  standards  for  the  provision of defense services pursuant to
 section eight of this act, a locality or provider shall  demonstrate  to
 the  commission  that  it  meets such standards; provided, however, that
 from the effective date of this act until one year after  the  promulga-
 tion of the public defense services standards, pursuant to section eight
 of this act, compliance shall be presumed.
   4.  Localities providing defense services, in whole or in part, pursu-
 ant to a plan of a bar association whereby the services of private coun-
 sel are rotated and coordinated by an administrator, pursuant to  subdi-
 vision  3  or  subdivision  4  of  section  722  of  the  county law and
 localities providing defense services, in  whole  or  in  part,  through
 representation  by  a public defender appointed pursuant to article 18-A
 of the county law or representation by counsel furnished  by  a  private
 legal  aid bureau or society designated by the county or city, or by any
 not-for-profit  corporation,  voluntary  association,  or   organization
 pursuant  to  subdivisions 1 and 2 of section 722 of the county law, may
 receive state financial assistance in an amount up to forty  percent  of
 the cost of such representation.
   5.  Financial assistance for defense services in the amount determined
 by the commission shall be a state charge payable on  vouchers  approved
 by the director of defense services after audit, within the restrictions
 of subdivision one of section sixteen of this act, by and on the warrant
 of the comptroller.
   6.  Any  locality  or  provider  receiving  payments  pursuant  to the
 provisions of this section shall be obligated to expend local funds  for
 defense  services  in the year it receives state assistance in an amount
 not less than the total amount it expended for defense services  in  the
 preceding  year  unless it can demonstrate to the commission that it has
 maintained or improved the quality of defense services with less expend-
 iture of funds.
   § 10. Provision of defense services. The commission may establish  the
 capability  to provide defense services to public defense clients at the
 request of judges, public defense providers or local  governments.  Such
 services shall be provided pursuant to contract between the director and
 the public provider or locality.
   §  11.  Guidelines for eligibility for public defense services. Within
 policy parameters established by  the  commission,  the  director  shall
 establish  and  disseminate at least annually guidelines for determining
 the eligibility of persons seeking public defense services.

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   § 12. Training. 1. The director shall provide training to  or  facili-
 tate  training  of  attorneys  providing  public  defense services. Such
 training shall be systematic, comprehensive and at least equal in  scope
 to  that  received  by  attorneys  appearing  as  adversaries of defense
 services providers. Training for attorneys shall include:
   a. intensive entry-level training; and
   b.  regular  in-service  training  and  participation  in regional and
 national training programs to keep attorneys abreast of changes  in  law
 and procedure, make attorneys aware of relevant developments in science,
 technology  and  social  science,  and continue development of advocacy,
 negotiation and communication skills.
   2. The director shall provide training to or  facilitate  training  of
 non-legal  public  defense  professionals  in  investigation, sentencing
 advocacy, paralegal skills and other relevant areas.
   3. The director shall provide training to or  facilitate  training  of
 appropriate support staff working with public defense providers, includ-
 ing  training  in the use of automation technology, communication skills
 and other relevant areas to increase efficiency and morale.
   § 13. Oversight.  1.  Within  policy  guidelines  established  by  the
 commission,  the director shall establish methods for gathering informa-
 tion about the provision of defense services including, but not  limited
 to:
   a.  requiring  localities  and/or public defense services providers to
 furnish information about how defense services are provided;
   b. publicizing the commission's oversight function  and  inviting  the
 client  community, concerned citizens, defense services providers, judg-
 es, members of the criminal justice  community  and  others  to  provide
 information   and  express  concerns  about  the  provision  of  defense
 services;
   c. instituting formal procedures  for  soliciting  the  views  of  the
 client  community  on specific issues affecting defense services and the
 criminal justice system; and
   d. establishing formal and informal relationships  with  governmental,
 non-profit,  community,  judicial  and  other  groups for the purpose of
 gathering information and opinions about defense services.
   2. Within policy guidelines established by the commission, the  direc-
 tor  shall  establish  methods  for  improving  the  provision of public
 defense services. The director shall:
   a. produce reports on problems in  the  provision  of  public  defense
 services  whenever  the director deems that there is sufficient informa-
 tion to warrant such reports;
   b. bring to the attention of any individual  attorney,  other  defense
 services professional, institutional public defense provider or locality
 complaints  made  known  to  the director about the provision of defense
 services by that individual, institution or locality; and
   c. Where a locality or public defense provider within a locality fails
 to meet the standards established by the commission pursuant to  section
 eight  of  this  act,  make such failure known to the locality or public
 defense services provider as soon as it is apparent to the director, and
 work with the locality or public defense provider to bring the  locality
 or public defense provider into compliance.
   §  14.  Annual  report.  The  commission shall submit to the governor,
 temporary president of the senate, speaker of the assembly and the chief
 judge of the court of appeals an annual financial report  on  or  before
 the  thirtieth day of September. Such report shall contain all pertinent
 data for the prior twelve months on  the  operation  of  the  commission

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 including cost of operation and financial assistance to localities. Such
 report  shall also include the proposed budget for the succeeding twelve
 months including funds for financial assistance to localities.
   § 15.  Exempt status. It is hereby found, determined and declared that
 the  creation  of  the  commission and the carrying out of its corporate
 purposes is in all respects for the benefit of the people of  the  state
 and is a public purpose. The commission shall be performing an essential
 governmental function in the exercise of the powers conferred upon it by
 this  act  and  the  commission  shall  not  be required to pay taxes or
 assessments upon any of the property acquired by it or under its  juris-
 diction  and  control,  or  use  of any moneys, revenues or other income
 received by the commission. All contributions  made  to  the  commission
 whether  by  gift,  devise  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.
   §  16.    Confidentiality of public defense records. 1. The commission
 shall protect the confidences and secrets of public defense  clients  in
 accordance  with  the  disciplinary  rules  of  the code of professional
 responsibility set out in part 1200.19 of  title  22  of  the  New  York
 codes,  rules  and regulations, including clients to whom the commission
 provided, directly or indirectly, assistance or services.  Notwithstand-
 ing 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  any  such  confi-
 dences  or  secrets,  or  would otherwise compromise the interest of any
 public defense client.
   2. Notwithstanding any other provision of law  to  the  contrary,  the
 commission  shall  be  exempt  from  the application of any provision of
 articles 6 and 7 of the public officers law.
   § 17. Section 719 of the county law, as amended by chapter 682 of  the
 laws of 1975, is amended to read as follows:
   § 719. Expenses. If a public defender serves more than one county, the
 expenses  of  salaries,  maintenance  and operation of [his] SUCH PUBLIC
 DEFENDER'S office shall be  shared  by  the  participating  counties  in
 accordance with the provisions of the agreement establishing the office.
 Expenses  incidental to individual cases shall be paid by the county for
 which the services were rendered. All expenses chargeable  to  a  county
 [hereunder] PURSUANT TO THIS SECTION shall be a county charge to be paid
 upon  certification by the county treasurer out of an appropriation made
 for such purposes, EXCEPT THAT CERTAIN EXPENSES MAY BE PAID WITH  FINAN-
 CIAL  ASSISTANCE FROM THE STATE AS AUTHORIZED BY SECTION NINE OF THE NEW
 YORK STATE PUBLIC DEFENSE COMMISSION ACT.
   § 18. Section 720 of the county law, as amended by chapter 761 of  the
 laws of 1966, is amended to read as follows:
   §  720. Annual report. The public defender shall make an annual report
 to the board or boards of supervisors AND TO THE NEW YORK  STATE  PUBLIC
 DEFENSE  COMMISSION  covering  all  cases  handled  by [his] SUCH PUBLIC
 DEFENDER'S office during the preceding year.
   § 19. Section 722-c of the county law, as amended by section 3 of part
 J of chapter 62 of the laws of 2003, is amended to read as follows:
   § 722-c. Services other than counsel. Upon a finding in  an  ex  parte
 proceeding  that  investigative,  expert or other services are necessary
 and that the defendant or other person described in section two  hundred
 forty-nine  or  section  two  hundred sixty-two of the family court act,
 article six-C of the correction law or section four hundred seven of the
 surrogate's court procedure act, is financially unable to  obtain  them,

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 the court shall authorize counsel, whether or not assigned in accordance
 with  a  plan, to obtain the services on behalf of the defendant or such
 other person. The court upon a finding that timely procurement of neces-
 sary  services  could  not  await  prior authorization may authorize the
 services nunc pro tunc. The court  shall  determine  reasonable  compen-
 sation  for  the  services and direct payment to the person who rendered
 them or to the person entitled to reimbursement. [Only in  extraordinary
 circumstances  may  the  court provide for compensation in excess of one
 thousand dollars per investigative, expert or other service provider.]
   Each claim for compensation shall be supported by  a  sworn  statement
 specifying  the  time expended, services rendered, expenses incurred and
 reimbursement or compensation applied for or received in the  same  case
 from any other source.
   §  20.  Section  722-e  of the county law, as amended by section 11 of
 part VVV of chapter 59 of the laws  of  2017,  is  amended  to  read  as
 follows:
   §  722-e.  Expenses.  All  expenses for providing counsel and services
 other than counsel [hereunder] PURSUANT TO THIS ARTICLE shall be a coun-
 ty charge or in the case of a county wholly located within a city a city
 charge to be paid out of an appropriation for such purposes, EXCEPT THAT
 CERTAIN EXPENSES MAY BE PAID FOR  WITH  FINANCIAL  ASSISTANCE  FROM  THE
 STATE AS AUTHORIZED BY SECTION NINE OF THE NEW YORK STATE PUBLIC DEFENSE
 COMMISSION  ACT.  Provided,  however,  that any such additional expenses
 incurred for the provision of counsel and services as a  result  of  the
 implementation  of  a  plan  established pursuant to subdivision four of
 section eight hundred thirty-two of the  executive  law,  including  any
 interim  steps  taken to implement such plan, shall be reimbursed by the
 state to the county or city providing such services.   Such plans  shall
 be submitted by the office of indigent legal services to the director of
 the division of budget for review and approval.  However, the director's
 approval  shall  be limited solely to the plan's projected fiscal impact
 of the required appropriation for the implementation of such  plan,  and
 his  or her approval shall not be unreasonably withheld. The state shall
 appropriate funds sufficient to provide for the  reimbursement  required
 by this section.
   §  21.  Subdivision  1 of section 722-f of the county law, as added by
 chapter 761 of the laws of 1966 and as designated by section 4 of part J
 of chapter 62 of the laws of 2003, is 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  associ-
 ation  appointed  pursuant to subdivision three of section seven hundred
 twenty-two of this [chapter] ARTICLE shall file an  annual  report  with
 the  [judicial  conference]  NEW YORK STATE PUBLIC DEFENSE COMMISSION at
 such times and in such detail and form as [the judicial conference] SUCH
 COMMISSION may direct.
   § 22. Subdivision 1 of section 722-f of the county law, as amended  by
 section  3  of  part MM of chapter 55 of the laws of 2018, is 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 article, an administrator of a plan of a bar association  appointed
 pursuant  to  subdivision  three  of section seven hundred twenty-two of
 this article and an office of conflict defender established pursuant  to

 A. 3864                            11
 
 such  subdivision shall file an annual report with the chief administra-
 tor of the courts [and], the office of indigent legal services  AND  THE
 NEW  YORK STATE PUBLIC DEFENSE COMMISSION. Such report shall be filed at
 such  times  and in such detail and form as the office of indigent legal
 services AND THE NEW YORK STATE PUBLIC DEFENSE COMMISSION may direct.
   § 23. No existing right or remedy of any character shall  be  lost  or
 impaired  by  reason  of the provisions of this act. Any public employee
 transferred as a result of the provisions of this act  shall  be  trans-
 ferred without further examination or qualification and shall retain his
 or her respective civil service classification and status.
   § 24. Severability. If any clause, sentence, paragraph, subdivision or
 section  of  this act shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 the clause, sentence, paragraph, subdivision or section thereof directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included.
   § 25. This act shall take effect immediately;  provided  however  that
 the  appointment of members to the New York state public defense commis-
 sion shall be completed within 90 days of such effective date,  and  the
 public  defense  services  standards,  required by section eight of this
 act, shall be promulgated within 180 days  of  the  appointment  of  all
 members  of  the  New  York  state  public  defense commission; provided
 further, the provisions of section twenty-two of  this  act  shall  take
 effect  on  the same date and in the same manner as section 3 of part MM
 of chapter 55 of the laws of 2018, as amended, takes effect.