S5143-2011: Provides funding for the public defense backup center of the New York State Defenders Association


This bill has been amended.
Same as: / Versions: S5143-2011 S5143A-2011 S5143B-2011
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Provides funding for the public defense backup center of the New York State Defenders Association; appropriates $2 million from the indigent legal services fund.
Sponsor: GRISANTI / Committee: FINANCE
Law Section: State Finance Law / Law: Amd S98-b, St Fin L

S5143-2011 Actions

S5143-2011 Memo

BILL NUMBER:S5143

TITLE OF BILL:
An act
to amend the state finance law, in relation to providing funds for the
public defense backup center of the New York State Defenders Association

PURPOSE:
To provide for funding under the indigent legal services fund
for the New York State Defenders Association.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 98-b of the State
Finance Law to include services and expenses of the public defense
backup center of the New York State Defenders Association.
Further allocates $2 million to be made available for the public
defense backup center of the New York State Defenders Association.

JUSTIFICATION:
The New York State Defenders Association through their
public defense backup center provides important legal services for
those needing legal defense. As there is no dedicated funding for
this program each year this program must worry about its
sustainability due to the possibility of a lack of state funds.
Further by including this under the Indigent Legal Services Fund, the
program finds a statutory home that is germane to their core mission.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None. As Money is already appropriate for this
program in the budget.

EFFECTIVE DATE:
This act shall take effect immediately.

S5143-2011 Text

 S T A T E   O F   N E W   Y O R K
 
5143 2011-2012 Regular Sessions I N SENATE May 3, 2011
Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation to providing funds for the public defense backup center of the New York State Defenders Association
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1. Paragraph (a) of subdivision 2 and paragraph (d) of subdi vision 3 of section 98-b of the state finance law, paragraph (a) of subdivision 2 as amended and paragraph (d) of subdivision 3 as added by section 2 of part E of chapter 56 of the laws of 2010, are amended to read as follows:
(a) The purpose of such fund shall be to (i) assist counties and, in the case of a county wholly contained within a city, such city, in providing legal representation for persons who are financially unable to afford counsel pursuant to article eighteen-B of the county law; (ii) assist the state, in improving the quality of public defense services and funding representation provided by assigned counsel paid in accord ance with section thirty-five of the judiciary law; [and] (iii) provide support for the operations, duties, responsibilities and expenses of the office of indigent legal services and the indigent legal services board established, respectively, pursuant to sections eight hundred thirty-two and eight hundred thirty-three of the executive law; AND (IV) PROVIDE FOR SERVICES AND EXPENSES OF THE PUBLIC DEFENSE BACKUP CENTER OF THE NEW YORK STATE DEFENDERS ASSOCIATION. (d) AN ANNUAL AMOUNT OF TWO MILLION DOLLARS SHALL BE MADE AVAILABLE TO THE NEW YORK STATE DEFENDERS ASSOCIATION FROM SUCH FUND FOR THE SERVICES AND EXPENSES OF ITS PUBLIC DEFENSE BACKUP CENTER. (E) Remaining amounts within such fund, after accounting for annual payments required in paragraphs (a), (b) [and], (c) AND (D) of this subdivision and subparagraph (iii) of paragraph (a) of subdivision two of this section shall be distributed in accordance with sections eight hundred thirty-two and eight hundred thirty-three of the executive law.

S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11387-01-1

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