§ 832 — Office of indigent legal services

§ 832. Office of indigent legal services. 1. There is hereby created\nwithin the executive department the office of indigent legal services,\nhereinafter referred to in this section as the "office". The purpose of\nsuch office is to monitor, study and make efforts to improve the quality\nof services provided pursuant to article eighteen-B of the county law.\nThe office shall report to the indigent legal services board established\npursuant to section eight hundred thirty-three of this article,\nprovided, however, that administrative matters of general application\nwithin the executive department shall also be applicable to such office.\n 2. (a) Following the initial appointment of the members of the\nindigent legal services board established pursuant to section eight\nhundred thirty-three of this article, such board shall promptly nominate\na full-time director of the office and notify the governor of such\nnomination. After approval or disapproval of the first nominee as\ndirector of the office, or at any time thereafter when a vacancy shall\nexist or is anticipated in the position of director of the office, the\nindigent legal services board shall promptly nominate a full-time\ndirector of the office, and notify the governor of such nomination.\nNothing in this paragraph shall prohibit the board from appointing an\ninterim director if there is a vacancy.\n (b) The governor, within thirty days after receiving written notice of\nany nomination of a director made pursuant to paragraph (a) of this\nsubdivision, may approve or disapprove the nomination. If the governor\napproves such nomination, or fails to act on such nomination within such\nthirty day period, the nominee shall thereupon commence his or her term\nas director of the office. If, within such thirty day period, the\ngovernor serves upon the chair of such board a written notice\ndisapproving such nomination, the nominee shall not be authorized to\nserve as director of the office provided, however, that such board may\nauthorize an interim director appointed pursuant to paragraph (a) of\nthis subdivision to serve or continue to serve as interim director until\nsuch time as a director of the office is approved, or not timely\ndisapproved, by the governor. Following any disapproval, the board shall\nhave sixty days to submit another nominee, although such period may be\nextended, upon request of the board, by the governor. A person appointed\nas interim director may exercise all of the powers available to the\ndirector of such office.\n (c) The director of the office shall serve full-time and for a term of\nfive years. The director may be removed during this term for good cause\nshown, after notice and an opportunity to be heard, by a vote of\ntwo-thirds or more of the nine members of such board. The person serving\nas director shall, upon assuming such position, be admitted to practice\nlaw and shall have not less than five years professional experience in\nthe area of public defense services, and have a demonstrated commitment\nto the provision of quality public defense representation and to the\ncommunities served by public defense providers.\n (d) The director shall appoint employees and perform such other\nfunctions as are appropriate to ensure the efficient operation of the\noffice within the amounts available therefor by appropriation.\n 3. Duties and responsibilities. The office shall, in consultation with\nthe indigent legal services board established pursuant to section eight\nhundred thirty-three of this article, have the following duties and\nresponsibilities:\n (a) to examine, evaluate and monitor services provided in each county\npursuant to article eighteen-B of the county law;\n (b) to collect and receive information and data regarding the\nprovision of services pursuant to article eighteen-B of the county law\nincluding, but not limited to:\n (i) the types and combinations of such services being utilized in each\ncounty;\n (ii) the salaries and other compensation paid to individual\nadministrators, attorneys and staff providing such services;\n (iii) the actual caseloads of attorneys providing such services\npursuant to article eighteen-B of the county law;\n (iv) how the caseloads of attorneys providing such services compare\nwith the caseloads of attorneys providing prosecution-related services\nin each county;\n (v) the types, nature and timing of dispositions of cases handled by\nattorneys providing such services and attorneys providing\nprosecution-related services;\n (vi) the actual expenditures currently being made in each county on\nsuch services and prosecution-related services;\n (vii) the time, funds and in-kind resources currently being spent on\nsuch services and prosecution-related services and the amount being\nspent on ancillary services such as investigators, support staff, social\nworkers and expert witnesses, including consideration of all funds\nreceived for such services from all sources;\n (viii) the criteria and procedures used to determine whether a person\nis eligible to receive such services, the number of persons considered\nfor and applicants denied such services, the reasons for the denials,\nand the results of any review of such denials, including the number of\norders issued pursuant to section seven hundred twenty-two-d of the\ncounty law; and\n (ix) the standards and criteria used in programs and by each county to\ndetermine whether individual attorneys are qualified to provide indigent\nlegal services, on a case by case basis;\n (c) to analyze and evaluate the collected data, and undertake any\nnecessary research and studies, in order to consider and recommend\nmeasures to enhance the provision of indigent legal services and to\nensure that recipients of services provided pursuant to article\neighteen-B of the county law are provided with quality representation\nfrom fiscally responsible providers, which shall include but not be\nlimited to: establishing criteria and procedures to guide courts in\ndetermining whether a person is eligible for such representation;\nestablishing standards, criteria and a process for qualifying and\nre-qualifying attorneys to provide such services pursuant to article\neighteen-B of the county law;\n (d) to establish standards and criteria for the provision of such\nservices in cases involving a conflict of interest and to assist\ncounties to develop plans consistent with such standards and criteria;\n (e) to develop recommendations to improve the delivery of such\nservices in a manner that is consistent with the needs of the counties,\nthe efficiency and adequacy of the public defense plan operated in the\ncounties and the quality of representation offered, which may include\nreceiving applications for and distributing grants pursuant to specified\ncriteria;\n (f) to develop recommendations regarding the distribution and\nexpenditure of any monies appropriated for indigent legal services,\nincluding but not limited to monies from the indigent legal services\nfund created pursuant to section ninety-eight-b of the state finance\nlaw, for consideration by the indigent legal services board established\npursuant to section eight hundred thirty-three of this article; and, in\nmaking such recommendations, may consider, in addition to measures of\nperformance, the commitment of local resources to such services and the\nchanges thereto; the geographic balance of funding among the regions of\nthe state, population, crime rates, poverty rates and individual\ncommunity needs;\n (g) to target grants in support of innovative and cost effective\nsolutions that enhance the provision of quality indigent legal services,\nincluding collaborative efforts serving multiple counties;\n (h) to investigate and monitor any other matter related to indigent\nlegal services that the director deems important;\n (i) to request and receive from any department, division, board,\nbureau, commission or other agency of the state or any political\nsubdivision of the state or any public authority such assistance,\ninformation and data, subject to limitations on the disclosure of\ninformation provided confidentially to indigent legal service providers,\nas will enable the office to properly carry out its functions, powers\nand duties;\n (j) to establish measures of performance which programs and counties\nshall regularly report to the office, to assist the office in monitoring\nthe quality of indigent legal services;\n (k) to apply for and accept any grant or gift for any of the purposes\nof the office or the indigent legal services board. Any monies so\nreceived may be expended by the office to effectuate any such purpose,\nsubject to the same limitations as to approval of expenditures and audit\nas are prescribed for state monies appropriated for such purposes;\n (l) to present findings and make recommendations for consideration by\nthe indigent legal services board established pursuant to section eight\nhundred thirty-three of this article; and\n (m) to execute decisions of the indigent legal services board\nestablished pursuant to section eight hundred thirty-three of this\narticle, including the distribution of funds.\n 4. Additional duties and responsibilities. The office shall, in\nconsultation with the indigent legal services board established pursuant\nto section eight hundred thirty-three of this article, have the\nfollowing duties and responsibilities, and any plan developed pursuant\nto this subdivision shall be submitted by the office to the director of\nthe division of budget for review and approval, provided, however that\nthe director's approval shall be limited solely to the plan's projected\nfiscal impact of the required appropriation for the implementation of\nsuch plan and his or her approval shall not be unreasonably withheld:\n (a) Counsel at arraignment. * Develop and implement a written plan to\nensure that each criminal defendant who is eligible for publicly funded\nlegal representation is represented by counsel physically present or\npursuant to the requirements of article one hundred eighty-two of the\ncriminal procedure law at their arraignment; provided, however, that a\ntimely arraignment with counsel shall not be delayed pending a\ndetermination of a defendant's eligibility.\n * NB Effective until September 1, 2028\n * Develop and implement a written plan to ensure that each criminal\ndefendant who is eligible for publicly funded legal representation is\nrepresented by counsel in person at his or her arraignment; provided,\nhowever, that a timely arraignment with counsel shall not be delayed\npending a determination of a defendant's eligibility.\n * NB Effective September 1, 2028\n (i) For the purposes of the plan developed pursuant to this\nsubdivision, the term "arraignment" shall mean the first appearance by a\nperson charged with a crime before a judge or magistrate, with the\nexception of an appearance where no prosecutor appears and no action\noccurs other than the adjournment of the criminal process and the\nunconditional release of the person charged (in which event\n"arraignment" shall mean the person's next appearance before a judge or\nmagistrate).\n (ii) The written plan developed pursuant to this subdivision shall be\ncompleted by December first, two thousand seventeen and shall include\ninterim steps for each county and the city of New York for achieving\ncompliance with the plan.\n (iii) Each county and the city of New York shall, in consultation with\nthe office, undertake good faith efforts to implement the plan and such\nplan shall be fully implemented and adhered to in each county and the\ncity of New York by April first, two thousand twenty-three. Pursuant to\nsection seven hundred twenty-two-e of the county law, the state shall\nreimburse each county and the city of New York for any costs incurred as\na result of implementing such plan.\n (iv) The office shall, on an ongoing basis, monitor and periodically\nreport on the implementation of, and compliance with, the plan in each\ncounty and the city of New York.\n (b) Caseload relief. Develop and implement a written plan that\nestablishes numerical caseload/workload standards for each provider of\nconstitutionally mandated publicly funded representation in criminal\ncases for people who are unable to afford counsel.\n (i) Such standards shall apply to all providers whether public\ndefender, legal aid society, assigned counsel program or conflict\ndefender in each county and the city of New York.\n (ii) The written plan developed pursuant to this subdivision shall be\ncompleted by December first, two thousand seventeen and shall include\ninterim steps for each county and the city of New York for achieving\ncompliance with the plan. Such plan shall include the number of\nattorneys, investigators and other non-attorney staff and the amount of\nin-kind resources necessary for each provider of mandated representation\nto implement such plan.\n (iii) Each county and the city of New York shall, in consultation with\nthe office, undertake good faith efforts to implement the\ncaseload/workload standards and such standards shall be fully\nimplemented and adhered to in each county and the city of New York by\nApril first, two thousand twenty-three. Pursuant to section seven\nhundred twenty-two-e of the county law, the state shall reimburse each\ncounty and the city of New York for any costs incurred as a result of\nimplementing such plan.\n (iv) The office shall, on an ongoing basis, monitor and periodically\nreport on the implementation of, and compliance with, the plan in each\ncounty and the city of New York.\n (c) Initiatives to improve the quality of indigent defense. (i)\nDevelop and implement a written plan to improve the quality of\nconstitutionally mandated publicly funded representation in criminal\ncases for people who are unable to afford counsel and ensure that\nattorneys providing such representation: (A) receive effective\nsupervision and training; (B) have access to and appropriately utilize\ninvestigators, interpreters and expert witnesses on behalf of clients;\n(C) communicate effectively with their clients; (D) have the necessary\nqualifications and experience; and (E) in the case of assigned counsel\nattorneys, are assigned to cases in accordance with article eighteen-b\nof the county law and in a manner that accounts for the attorney's level\nof experience and caseload/workload.\n (ii) The office shall, on an ongoing basis, monitor and periodically\nreport on the implementation of, and compliance with, the plan in each\ncounty and the city of New York.\n (iii) The written plan developed pursuant to this subdivision shall be\ncompleted by December first, two thousand seventeen and shall include\ninterim steps for each county and the city of New York for achieving\ncompliance with the plan.\n (iv) Each county and the city of New York shall, in consultation with\nthe office, undertake good faith efforts to implement the initiatives to\nimprove the quality of indigent defense and such initiatives shall be\nfully implemented and adhered to in each county and the city of New York\nby April first, two thousand twenty-three. Pursuant to section seven\nhundred twenty-two-e of the county law, the state shall reimburse each\ncounty and the city of New York for any costs incurred as a result of\nimplementing such plan.\n (d) Appropriation of funds. In no event shall a county and a city of\nNew York be obligated to undertake any steps to implement the written\nplans under paragraphs (a), (b) and (c) of this subdivision until funds\nhave been appropriated by the state for such purpose.\n