A06202 Summary:

BILL NOA06202C
 
SAME ASSAME AS S06341-B
 
SPONSORFahy
 
COSPNSRLentol, Aubry, McDonald, Steck, Gottfried, Magnarelli, Crespo, Sepulveda, Arroyo, Simotas, Magee, Colton, Duprey, Crouch, Montesano, Raia, Rosenthal, Woerner, Russell, Brindisi, Mosley, Palmesano, Lavine, Bronson, Skoufis, Barclay, Blankenbush, Cahill, Stec, Murray, Barrett, Peoples-Stokes, Butler, Lupardo, Lalor, Pichardo, Linares, Rivera, Stirpe, Walker, Jaffee, O'Donnell, Finch, Ramos, Ryan, Hunter, Davila, Graf, Rodriguez, Brabenec, Otis, Titus, Perry, Oaks, Mayer, Gunther, Englebright, Weprin, Kearns, Ortiz, Richardson, Hyndman, Abbate
 
MLTSPNSRBlake, Brennan, Cook, Galef, Giglio, Glick, Hawley, Hevesi, Hikind, Lifton, Lopez, Markey, Robinson, Schimel, Simon, Skartados, Weinstein
 
Amd §722-e, County L; amd §832, Exec L; amd §98-b, St Fin L
 
Requires state reimbursement to counties and cities in which a county is located of the full amount of expenditures for indigent legal services.
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A06202 Actions:

BILL NOA06202C
 
03/17/2015referred to codes
05/12/2015reported referred to ways and means
06/01/2015amend and recommit to ways and means
06/01/2015print number 6202a
12/23/2015amend and recommit to ways and means
12/23/2015print number 6202b
01/06/2016referred to codes
04/22/2016amend (t) and recommit to codes
04/22/2016print number 6202c
05/04/2016reported referred to ways and means
05/17/2016reported
05/19/2016advanced to third reading cal.670
06/02/2016passed assembly
06/02/2016delivered to senate
06/02/2016REFERRED TO FINANCE
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A06202 Committee Votes:

WAYS AND MEANS Chair:Farrell DATE:05/17/2016AYE/NAY:34/0 Action: Favorable
FarrellAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttAyeFitzpatrickAye
WeinsteinAyeSaladinoAye
GlickAyeHawleyAye
NolanAyeDupreyAye
PretlowAyeCorwinAye
PerryAyeMalliotakisAye
ColtonAyeWalterAye
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
WrightAye
CusickAye
OrtizAye
BenedettoAye
MarkeyAye
MoyaAye
WeprinAye
RodriguezExcused
RamosAye
BraunsteinAye

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A06202 Floor Votes:

DATE:06/02/2016Assembly Vote  YEA/NAY: 132/0
AbbateYCrespoYGottfriedYLopezYPalumboYSimonY
AbinantiYCrouchYGrafYLupardoYPaulinYSimotasY
ArroyoYCurranYGuntherYLupinacciYPeoples-StokesYSkartadosY
AubryYCusickYHarrisYMageeYPerryYSkoufisY
BarclayYCymbrowitzYHawleyYMagnarelliYPichardoYSolagesY
BarrettYDavilaYHevesiYMalliotakisYPretlowYStecY
BarronYDenDekkerYHikindERMarkeyYQuartYSteckY
BenedettoYDilanYHooperYMayerYRaYStirpeY
BichotteERDinowitzYHunterYMcDonaldYRaiaYTediscoY
BlakeYDiPietroYHyndmanERMcDonoughYRamosERTenneyY
BlankenbushYDupreyERJaffeeYMcKevittYRichardsonYThieleY
BrabenecYEnglebrightYJean-PierreYMcLaughlinYRiveraYTitoneY
BraunsteinYFahyYJohnsYMillerYRobinsonYTitusER
BrennanERFarrellYJoynerYMontesanoYRodriguezYWalkerY
BrindisiYFinchYKatzERMorelleYRosenthalYWalterY
BronsonYFitzpatrickYKavanaghYMosleyYRozicYWeinsteinY
BuchwaldYFriendYKearnsYMoyaYRussellYWeprinY
ButlerERGalefYKimERMurrayYRyanERWilliamsY
CahillYGanttYKolbYNojayERSaladinoYWoernerY
CancelYGarbarinoERLalorYNolanYSantabarbaraYWozniakY
CastorinaYGiglioYLavineYOaksYSchimelERWrightER
CerettoYGjonajYLawrenceYO'DonnellYSchimmingerYZebrowskiY
ColtonYGlickYLentolYOrtizYSeawrightYMr. SpeakerY
CookYGoldfederYLiftonYOtisYSepulvedaER
CorwinYGoodellYLinaresYPalmesanoYSimanowitzY

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A06202 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6202C
 
SPONSOR: Fahy (MS)
  TITLE OF BILL: An act to amend the county law, the executive law and the state finance law, in relation to indigent defense services   PURPOSE OR GENERAL IDEA OF BILL: To ensure that all persons accused of crimes in New York are able to receive effective legal representation whether or not they have the ability to pay for a lawyer by establishing a system of direct state funding at the requisite adequate level to eliminate the geographic disparity in representation.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: provides legislative findings and declaration. Section 2: amends Section 722-e of the County law to require the State to reimburse, over a seven year four year phase in period, counties and cities in which a county is wholly located the full amount of expenses of counsel services for indigent legal defendants. Section 3: "Subdivision 3 of section 832 of the executive law, as added by section 1 of part E of chapter 56 of the laws of 2010, is amended and a new paragraph (o) is added to read as follows: (o) to adopt, promul- gate, amend or rescind rules and regulations to carry out the provisions of this section, including to (i) ensure the presence of counsel at the first appearance of any eligible defendant charged with a crime, (ii) establish caseload/workload regulations for attorneys providing mandated representation that allow for meaningful and effective assistance of counsel, and (iii) improve the quality of mandated representation." Section 4: makes technical amendments to paragraph (1) and (m) of Section 832 of the Executive Law and adds a new paragraph (n) to subdi- vision 3 of section 832 of the Executive Law granting the office of Indigent Legal Services the power to approve reimbursement to counties to provide indigent legal services. Section 5: amends subdivision 3 of section 98-b of the state finance law, a amended by part E of chapter 56 of the laws of 2010 Section 6: effective date   JUSTIFICATION: The state has just recently settled a lawsuit with five counties - Suffolk, Washington, Ontario, Onondaga, and Schuyler - in which the settlement calls for the Office of Indigent Legal Services to be in charge of the public defense operations in the five counties. This would be the first time in New York that a statewide entity will be responsi- ble for legal representation of all indigent criminal defendants. Coun- ties statewide are currently responsible for funding indigent legal services by federal mandate but adherence is uneven and dependent on a particular county's ability or inability to properly fund the program. Many counties have no system for supervising caseloads or quality, no staffing formula to ensure an appropriate number of public defenders, and no standard ensuring comparable compensation for defenders. My legislation would amend the law to provide for the state to take over full funding of the program in 2023, and relieve all counties of this financial strain. As the Governor noted during the State of Opportunity agenda, local governments have been struggling while the state's finances have generally improved. Now is the time for the state to rein- vest in its counties and relieve the counties of this unfunded mandate.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately
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A06202 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6202--C
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 17, 2015
                                       ___________
 
        Introduced  by M. of A. FAHY, LENTOL, AUBRY, McDONALD, STECK, GOTTFRIED,
          MAGNARELLI, CRESPO, SEPULVEDA, ARROYO, SIMOTAS, MAGEE, COLTON, DUPREY,
          CROUCH,  MONTESANO,  RAIA,  ROSENTHAL,  WOERNER,  RUSSELL,   BRINDISI,
          MOSLEY,  PALMESANO,  LAVINE,  BRONSON,  SKOUFIS, BARCLAY, BLANKENBUSH,
          CAHILL, STEC, MURRAY, BARRETT, PEOPLES-STOKES, BUTLER, LUPARDO, LALOR,
          PICHARDO, LINARES, RIVERA, STIRPE, WALKER, JAFFEE,  O'DONNELL,  FINCH,
          RAMOS,  RYAN,  HUNTER, DAVILA, GRAF, RODRIGUEZ, BRABENEC, OTIS, TITUS,
          PERRY, OAKS, MAYER, GUNTHER, ENGLEBRIGHT -- Multi-Sponsored by  --  M.
          of  A.  BLAKE,  BRENNAN,  COOK,  GALEF, GIGLIO, GLICK, HAWLEY, HEVESI,
          HIKIND, LIFTON, LOPEZ, MARKEY, ROBINSON,  SCHIMEL,  SIMON,  SKARTADOS,
          WEINSTEIN  --  read  once  and  referred  to the Committee on Codes --
          reported and referred to the Committee on Ways and Means --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said  committee
          --  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, the executive law and the state finance
          law, in relation to indigent defense services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Legislative findings and declaration. It is a fundamental
     2  right of all persons in the United States to be represented  by  counsel
     3  in  all criminal prosecutions. In the case of Gideon v.  Wainwright, 372
     4  U.S. 335, the United States Supreme Court ruled  that  indigent  persons
     5  accused  in  state  felony cases who were unable to afford counsel had a
     6  constitutional right to be defended by an appointed attorney paid by the
     7  state. Subsequently, the Supreme Court determined that indigent  persons
     8  accused of any criminal charge that could result in imprisonment, wheth-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06929-10-6

        A. 6202--C                          2
 
     1  er  a  felony  or misdemeanor, are entitled to counsel at the expense of
     2  the state.
     3    New  York state has chosen to fulfill its obligation to provide repre-
     4  sentation to indigent persons accused of a crime by requiring each coun-
     5  ty outside New York city and New York city to implement and fund a  plan
     6  to  provide such representation. In 2006 the Commission on the Future of
     7  Indigent Legal Services concluded that a system of county  operated  and
     8  funded  indigent  defense  services failed to satisfy the constitutional
     9  obligation to protect the rights of indigent persons accused of a crime.
    10  Such Commission recommended that funding  for  indigent  legal  services
    11  come from the State's general fund rather than from the counties.
    12    New  York state has entered into an agreement to settle a class action
    13  lawsuit that alleged deprivation of the right to counsel in  five  coun-
    14  ties.  The  agreement  acknowledges  that  the  Office of Indigent Legal
    15  Services and the Indigent Legal Services Board are authorized "to  moni-
    16  tor  and  study indigent legal services in the state, to recommend meas-
    17  ures to improve those services, to award grant  monies  to  counties  to
    18  support  their  indigent  representation  capability,  and  to establish
    19  criteria for the distribution  of  such  funds."  While  the  settlement
    20  agreement pertains to only five counties, its criteria establish a stan-
    21  dard for providing indigent legal services that should apply statewide.
    22    The  legislature  finds  and declares that in all criminal proceedings
    23  against people unable to afford counsel, New  York  state  is  constitu-
    24  tionally  required  to  provide public defense services. The legislature
    25  further finds that the state is obligated to  undertake  initiatives  to
    26  improve  the  quality  of  indigent  defense,  ensure  representation at
    27  arraignment, implement caseload  standards  for  providers  of  indigent
    28  legal services, and implement statewide standards for determining eligi-
    29  bility  for  mandated  representation. Mandating counties to finance the
    30  state's obligation to provide indigent legal services imposes a  signif-
    31  icant  uncontrollable  financial  burden  on  counties dependent on real
    32  property taxes to fund needed services, and subject to a  state  imposed
    33  tax cap.
    34    The  legislature  finds  and  declares  that  in  order to fulfill its
    35  constitutional obligation to provide indigent legal services, the  state
    36  shall  pay  counties the full amount necessary to ensure the delivery of
    37  quality legal services for indigent criminal defendants in a  consistent
    38  manner throughout the State.
    39    §  2.  Section 722-e of the county law, as added by chapter 878 of the
    40  laws of 1965, is amended to read as follows:
    41    § 722-e. Expenses. All expenses for  providing  counsel  and  services
    42  other  than counsel hereunder shall be a county charge or in the case of
    43  a county wholly located within a city a city charge to be paid out of an
    44  appropriation for such purposes and shall be reimbursed by the state  to
    45  the  county  or city providing such services, provided, however, that in
    46  the state fiscal year beginning:
    47    (a) April first, two  thousand  seventeen,  the  state  shall  provide
    48  reimbursement  for  not  less than twenty-five percent of such expenses;
    49  and
    50    (b) April first,  two  thousand  eighteen,  the  state  shall  provide
    51  reimbursement  for  not  less than thirty-five percent of such expenses;
    52  and
    53    (c) April first,  two  thousand  nineteen,  the  state  shall  provide
    54  reimbursement for not less than forty-five percent of such expenses; and
    55    (d)  April  first,  two  thousand  twenty,  the  state  shall  provide
    56  reimbursement for not less than fifty-five percent of such expenses; and

        A. 6202--C                          3
 
     1    (e) April first, two thousand  twenty-one,  the  state  shall  provide
     2  reimbursement for not less than sixty-five percent of such expenses; and
     3    (f)  April  first,  two  thousand  twenty-two, the state shall provide
     4  reimbursement for not less than seventy-five percent of  such  expenses;
     5  and
     6    (g)  every  year thereafter, the state shall provide reimbursement for
     7  the full amount of such expenses.
     8    § 3. Subdivision 3 of section 832 of the executive law is  amended  by
     9  adding a new paragraph (o) to read as follows:
    10    (o)  to  adopt,  promulgate, amend or rescind rules and regulations to
    11  carry out the provisions of this section, including to  (i)  ensure  the
    12  presence  of  counsel  at the first appearance of any eligible defendant
    13  charged with a crime, (ii) establish caseload/workload  regulations  for
    14  attorneys  providing  mandated  representation that allow for meaningful
    15  and effective assistance of counsel, and (iii) improve  the  quality  of
    16  mandated representation.
    17    §  4.  Paragraphs  (l)  and (m) of subdivision 3 of section 832 of the
    18  executive law, as added by section 1 of part E of chapter 56 of the laws
    19  of 2010, are amended and a  new  paragraph  (n)  is  added  to  read  as
    20  follows:
    21    (l)  to present findings and make recommendations for consideration by
    22  the indigent legal services board established pursuant to section  eight
    23  hundred thirty-three of this article; [and]
    24    (m)  to  execute decisions of the indigent legal services board estab-
    25  lished pursuant to section eight hundred thirty-three of  this  article,
    26  including the distribution of funds[.];
    27    (n)  to review the public defense operations of any county for compli-
    28  ance with applicable professional standards promulgated  by  the  office
    29  and  to  ensure that recipients of services provided pursuant to article
    30  eighteen-B of the county law are provided with meaningful and  effective
    31  representation  before  making  reimbursement  pursuant to section seven
    32  hundred twenty-two-e of the county law and before making payment  pursu-
    33  ant  to  paragraph (b) of subdivision three of section ninety-eight-b of
    34  the state finance law; and
    35    § 5. Subdivision 3 of section  98-b  of  the  state  finance  law,  as
    36  amended  by  section  2  of part E of chapter 56 of the laws of 2010, is
    37  amended to read as follows:
    38    3. Amounts distributed from such fund  shall  be  limited  to  amounts
    39  appropriated therefor and shall be distributed as follows:
    40    (a)  The  office  of  court administration may expend a portion of the
    41  funds available in such fund to provide assigned counsel paid in accord-
    42  ance with section thirty-five of the judiciary law, up to an annual  sum
    43  of twenty-five million dollars.
    44    (b)  [An]  In addition to the amounts paid to each county and the city
    45  of New York pursuant to section seven hundred twenty-two-e of the county
    46  law and in accordance with sections eight hundred thirty-two  and  eight
    47  hundred  thirty-three  of  the  executive law an annual amount [of forty
    48  million dollars shall be made available to the city  of  New  York  from
    49  such  fund  for the provision of services pursuant to article eighteen-B
    50  of the county law; provided that the city of New York shall continue  to
    51  provide  at  minimum  the aggregate amount of funding for public defense
    52  services including, but not  limited  to,  the  amount  of  funding  for
    53  contractors of public defense services and individual defense attorneys,
    54  that  it  provided,  pursuant  to  article  eighteen-B of the county law
    55  during its two thousand nine--two thousand ten  fiscal  year]  shall  be

        A. 6202--C                          4
 
     1  paid  to  such counties and city equal to the amount paid from such fund
     2  to such counties and city in March two thousand ten.
     3    (c)  [Within the first fifteen days of March two thousand eleven, each
     4  county other than a county wholly contained within the city of New York,
     5  shall receive ninety percent of the amount paid to such county in  March
     6  two  thousand  ten.  Within the first fifteen days of March two thousand
     7  twelve, each county other than a county wholly contained within the city
     8  of New York shall receive seventy-five percent of  the  amount  paid  to
     9  such  county in March two thousand ten. Within the first fifteen days of
    10  March two thousand thirteen, each county  other  than  a  county  wholly
    11  contained within the city of New York shall receive fifty percent of the
    12  amount  paid  to such county in March two thousand ten. Within the first
    13  fifteen days of March two thousand fourteen, each county  other  than  a
    14  county  wholly contained within the city of New York shall receive twen-
    15  ty-five percent of the amount paid to such county in March two  thousand
    16  ten. For all state fiscal years following the two thousand thirteen--two
    17  thousand  fourteen  fiscal  year,  there  shall  be  no  required annual
    18  payments pursuant to this paragraph. Notwithstanding the  provisions  of
    19  this  paragraph, for each of the four required payments made to counties
    20  within the first fifteen days of March two thousand eleven, two thousand
    21  twelve, two thousand thirteen and two thousand  fourteen,  Hamilton  and
    22  Orleans  counties  shall  receive  such percentage payments based on the
    23  amounts that each county would have received in March two  thousand  ten
    24  had  it  satisfied  the  maintenance  of effort requirement set forth in
    25  paragraph (c) of subdivision four of this  section  in  effect  on  such
    26  date.
    27    (d)]  Remaining  amounts within such fund, after accounting for annual
    28  payments required in paragraphs (a)[,] and (b) [and (c)] of this  subdi-
    29  vision  and  subparagraph  (iii)  of paragraph (a) of subdivision two of
    30  this section shall be distributed  in  accordance  with  sections  eight
    31  hundred thirty-two and eight hundred thirty-three of the executive law.
    32    § 6. This act shall take effect April 1, 2017.
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