This bill has been amended

Bill S1672-2013

Provides funding for the public defense backup center of the New York State Defenders Association

Provides funding for the public defense backup center of the New York State Defenders Association; appropriates $3 million from the indigent legal services fund.

Details

Actions

  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S1672

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; and to amend section 3 of part W of chapter 55 of the laws of 2012 amending the state finance law relating to support for the public defense backup center, in relation to making such provisions permanent

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 $3 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: S 5143C introduced to Senate Finance Committee

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

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1672 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. GRISANTI, MARTINS -- 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; and to amend section 3 of part W of chapter 55 of the laws of 2012 amending the state finance law relating to support for the public defense backup center, in relation to making such provisions permanent 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 by section 1 of part W of chapter 55 of the laws of 2012 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; (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 [support] for SERVICES AND EXPENSES OF the public defense backup center OF THE NEW YORK STATE DEFENDERS ASSOCIATION.
(d) BEGINNING IN STATE FISCAL YEAR TWO THOUSAND THIRTEEN AN ANNUAL AMOUNT OF THREE 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. Section 3 of part W of chapter 55 of the laws of 2012, amending the state finance law relating to support for the public defense backup center is amended to read as follows: S 3. This act shall take effect April 1, 2012 [and shall expire March 31, 2013 when upon such date the provisions of this act shall be deemed repealed]. S 3. This act shall take effect immediately.

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