S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9125
 
                           I N  A S S E M B L Y
 
                             January 21, 2020
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the executive law, in relation to establishing the right
   to legal counsel in immigration court proceedings  and  providing  for
   the administration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "the access  to
 representation act".
   § 2. The executive law is amended by adding a new section 94-c to read
 as follows:
   §  94-C.  RIGHT TO COUNSEL IN IMMIGRATION COURT PROCEEDINGS. 1.  DEFI-
 NITIONS. AS USED IN THIS SECTION:
   (A) "ADMINISTRATOR" MEANS THE DIRECTOR OF THE NEW  YORK  STATE  OFFICE
 FOR NEW AMERICANS.
   (B)  "COVERED INDIVIDUAL" MEANS ANY INCOME-ELIGIBLE INDIVIDUAL SUBJECT
 TO REMOVAL PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C.  §  1225  AND  THEIR
 IMPLEMENTING  REGULATIONS,  OR A FINAL ORDER OF REMOVAL UNDER 8 C.F.R. §
 1241.1, REGARDLESS OF AGE, IN A COVERED PROCEEDING WHO IS:
   (I) A NEW YORK STATE DOMICILIARY WHO IS A NON-UNITED STATES CITIZEN;
   (II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED  STATES  CITIZEN  OR
 WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR
   (III)  AN  INDIVIDUAL  WHO IS NOT A NEW YORK STATE DOMICILIARY IF SUCH
 NON-DOMICILIARY AND THEIR PROCEEDINGS HAVE A SIGNIFICANT  NEXUS  TO  NEW
 YORK  STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE,
 AS DETERMINED BY THE ADMINISTRATOR OR DESIGNEE OF THE ADMINISTRATOR ON A
 CASE-BY-CASE BASIS.
   (C) "COVERED PROCEEDING" MEANS ANY PROCEEDING IN A  COVERED  VENUE  IN
 WHICH  A  COVERED INDIVIDUAL IS SEEKING AN AVENUE OF RELIEF FROM REMOVAL
 FROM THE UNITED STATES, OR IS CHALLENGING HIS OR HER ARREST OR DETENTION
 UNDER THE IMMIGRATION AND NATIONALITY ACT ("INA"), AS AMENDED,  AND  ITS
 IMPLEMENTING REGULATIONS.  A COVERED PROCEEDING INCLUDES, IF APPLICABLE,
 A  PROCEEDING  OR HEARING IN IMMIGRATION COURT; A PROCEEDING IN NEW YORK
 STATE FAMILY COURT FOR PURPOSES OF OBTAINING A SPECIAL FINDINGS ORDER; A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14707-03-0

 A. 9125                             2
 
 HABEAS CORPUS PETITION TO A FEDERAL DISTRICT COURT LOCATED IN  NEW  YORK
 CHALLENGING  DETENTION  UNDER  THE  INA; MOTIONS TO REOPEN OR RECONSIDER
 UNDER 8 U.S.C. § 1229(A); A PETITION FOR REVIEW UNDER 8 U.S.C. § 1252; A
 REMAND TO A FEDERAL DISTRICT COURT FROM THE UNITED STATES CIRCUIT COURTS
 OF  APPEALS  FOR FACT-FINDING PURPOSES; AND ANY APPEAL RELATED TO ANY OF
 THE FOREGOING TO THE BOARD OF IMMIGRATION  APPEALS,  THE  UNITED  STATES
 CIRCUIT COURTS OF APPEALS, AND/OR THE UNITED STATES SUPREME COURT.
   (D)  "COVERED  VENUE"  MEANS: (I) ANY TRIBUNAL LOCATED WITHIN NEW YORK
 STATE, INCLUDING FAMILY COURTS, IMMIGRATION COURTS, AND FEDERAL DISTRICT
 COURTS; (II) IMMIGRATION  COURTS  LOCATED  IN  NEW  JERSEY;  (III)  WITH
 RESPECT  TO  THE PROVISION OF LEGAL SERVICES IN THE CONTEXT OF EXPEDITED
 REMOVALS, ANY LOCATION WITHIN THE BORDERS OF NEW YORK STATE WHERE  EXPE-
 DITED REMOVALS ARE PROCESSED; (IV) THE BOARD OF IMMIGRATION APPEALS; (V)
 THE  UNITED STATES CIRCUIT COURTS OF APPEALS; AND (VI) THE UNITED STATES
 SUPREME COURT.
   (E) "DOMICILE" HAS THE MEANING ASCRIBED TO  IT  BY  THE  ADMINISTRATOR
 PURSUANT  TO  ITS RULEMAKING AUTHORITY UNDER THIS SECTION, PROVIDED THAT
 IN ANY EVENT IT SHALL INCLUDE A FIXED, PERMANENT, AND PRINCIPAL HOME  TO
 WHICH A PERSON WHEREVER TEMPORARILY LOCATED ALWAYS INTENDS TO RETURN.
   (F)  "DOMICILIARY"  MEANS  A PERSON THAT HAS ESTABLISHED DOMICILE WITH
 RESPECT TO A PARTICULAR JURISDICTION.
   (G) "IMMIGRATION COURT" MEANS A TRIBUNAL OF THE EXECUTIVE  OFFICE  FOR
 IMMIGRATION  REVIEW OR A SUCCESSOR ENTITY TASKED WITH DECIDING THE INAD-
 MISSIBILITY OR DEPORTABILITY OF A NONCITIZEN OF THE UNITED  STATES  THAT
 IS  PRESIDED  OVER  BY  AN  IMMIGRATION  JUDGE  AS DEFINED IN 8 U.S.C. §
 1101(B)(4).
   (H) "INCOME-ELIGIBLE INDIVIDUAL" MEANS AN  INDIVIDUAL  WHO  IS  DEEMED
 ELIGIBLE  FOR  LEGAL  SERVICES  IN A COVERED PROCEEDING BASED ON PRE-SET
 INCOME-RELATED CRITERIA PROMULGATED BY THE  ADMINISTRATOR,  BUT  IN  ANY
 EVENT MUST AT A MINIMUM INCLUDE ANY INDIVIDUAL WHOSE ANNUAL GROSS HOUSE-
 HOLD  INCOME  IS  NOT  IN  EXCESS  OF TWO HUNDRED PERCENT OF THE FEDERAL
 POVERTY GUIDELINES AS UPDATED PERIODICALLY IN THE  FEDERAL  REGISTER  BY
 THE  UNITED  STATES  DEPARTMENT  OF  HEALTH AND HUMAN SERVICES UNDER THE
 AUTHORITY OF 42 U.S.C. § 9902(2).
   (I) "LEGAL SERVICES" MEANS INDIVIDUALIZED LEGAL ASSISTANCE IN A SINGLE
 CONSULTATION AND/OR ONGOING LEGAL REPRESENTATION, PROVIDED  BY  A  LEGAL
 SERVICES PROVIDER TO A COVERED INDIVIDUAL, AND ALL LEGAL ADVICE, ADVOCA-
 CY, AND ASSISTANCE ASSOCIATED WITH SUCH SERVICE.
   (J)  "LEGAL  SERVICES  PROVIDER" MEANS AN INDIVIDUAL, ORGANIZATION, OR
 ASSOCIATION THAT HAS THE AUTHORITY TO  PROVIDE  LEGAL  SERVICES  AND  IS
 DESIGNATED BY THE ADMINISTRATOR TO PROVIDE SUCH SERVICES.
   2.  RIGHT TO COUNSEL IN IMMIGRATION PROCEEDINGS. (A) ALL COVERED INDI-
 VIDUALS SHALL HAVE THE RIGHT TO LEGAL SERVICES AS PROVIDED IN THIS PARA-
 GRAPH.
   (I) COVERED INDIVIDUALS FACING A COVERED PROCEEDING IN AN  IMMIGRATION
 COURT  IN  NEW  YORK OR NEW JERSEY SHALL HAVE THE RIGHT TO ONGOING LEGAL
 REPRESENTATION.
   (II) COVERED INDIVIDUALS FACING A  COVERED  PROCEEDING  IN  A  COVERED
 VENUE  OTHER  THAN  AN IMMIGRATION COURT IN NEW YORK OR NEW JERSEY SHALL
 HAVE THE RIGHT TO A CONSULTATION PROVIDED BY A LEGAL SERVICES  PROVIDER,
 AND IF FOUND BY THE LEGAL SERVICES PROVIDER TO HAVE A VIABLE APPLICATION
 FOR  APPEAL,  CHALLENGE  TO  A COURT ORDER, OR OTHER FORM OF RELIEF FROM
 REMOVAL FROM THE UNITED STATES, SHALL HAVE THE RIGHT  TO  ONGOING  LEGAL
 REPRESENTATION.
   (B) THE RIGHT TO COUNSEL ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL ATTACH:

 A. 9125                             3
 
   (I)  IN  THE  CASE  OF  PROCEEDINGS FOR REMOVAL PURSUANT TO 8 U.S.C. §
 1229A, UPON RECEIPT OF A NOTICE TO APPEAR, AS  DEFINED  IN  8  U.S.C.  §
 1229.   THE OBLIGATIONS OF THIS SECTION SHALL BE SATISFIED IF COUNSEL IS
 PROVIDED TO A COVERED INDIVIDUAL NO LATER THAN THEIR FIRST APPEARANCE IN
 A COVERED PROCEEDING, OR AS SOON THEREAFTER AS IS PRACTICABLE.
   (II)  IN  THE CASE OF REMOVAL PROCEEDINGS PURSUANT TO 8 U.S.C. § 1225,
 UPON THE COMMENCEMENT OF SUCH PROCEEDINGS, OR AS SOON THEREAFTER  AS  IS
 PRACTICABLE.
   (III)  IN THE CASE OF A REFERRAL TO AN IMMIGRATION JUDGE FOR A HEARING
 PURSUANT TO 8 U.S.C.  § 1231(B)(3) OR 8 U.S.C. § 1158, UPON RECEIPT OF A
 NOTICE OF REFERRAL TO IMMIGRATION JUDGE, OR AS  SOON  THEREAFTER  AS  IS
 PRACTICABLE.
   (IV)  IN THE CASE OF A REINSTATEMENT OF A FINAL ORDER OF REMOVAL, UPON
 SUCH REINSTATEMENT, OR AS SOON THEREAFTER AS IS PRACTICABLE.
   (V) IN ALL OTHER CASES, AS SOON AS IS PRACTICABLE.
   (C) SUBJECT TO THE PROVISIONS OF PARAGRAPH (D)  OF  THIS  SUBDIVISION,
 THE  RIGHT  TO  COUNSEL ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL TERMINATE:
   (I) UPON THE TERMINATION OR DISMISSAL OF REMOVAL  PROCEEDINGS  OR  ANY
 RELATED APPELLATE MATTER IN RESPECT OF A COVERED INDIVIDUAL BY THE IMMI-
 GRATION COURT OR OTHER COMPETENT TRIBUNAL OR AUTHORITY;
   (II)  UPON  THE  ISSUANCE OF A FINAL ORDER OR JUDGMENT IN RESPECT TO A
 COVERED INDIVIDUAL'S REMOVAL PROCEEDINGS FROM  WHICH  THERE  REMAINS  NO
 OPPORTUNITY  FOR  APPEAL  OR  OTHER AVENUE FOR RELIEF INCLUDING, BUT NOT
 LIMITED TO, MOTIONS TO REOPEN, MOTIONS TO RECONSIDER, AND PETITIONS  FOR
 REVIEW;  PROVIDED,  HOWEVER,  THAT LEGAL SERVICES PROVIDERS SHALL NOT BE
 REQUIRED TO PURSUE APPEALS OR OTHER AVENUES FOR RELIEF THAT ARE SPECULA-
 TIVE OR FRIVOLOUS;
   (III) IF A COVERED INDIVIDUAL CEASES TO BE A NEW YORK STATE  DOMICILI-
 ARY  AND  ESTABLISHES  DOMICILE  IN  A  JURISDICTION OUTSIDE OF NEW YORK
 STATE;
   (IV) IF IT IS DISCOVERED THAT THE INITIAL DETERMINATION THAT AN  INDI-
 VIDUAL  WAS AN INCOME-ELIGIBLE INDIVIDUAL WAS ERRONEOUS AT THE TIME THAT
 SUCH DETERMINATION WAS MADE, AS SOON AS SUCH DISCOVERY OCCURS; PROVIDED,
 HOWEVER, THAT SUCH INDIVIDUAL WILL CONTINUE TO BE  PROVIDED  WITH  LEGAL
 SERVICES PURSUANT TO THIS SUBDIVISION FOR A REASONABLE AMOUNT OF TIME TO
 ENABLE  SUCH  PERSON  TO  OBTAIN ALTERNATIVE COUNSEL, SO AS NOT TO MATE-
 RIALLY PREJUDICE SUCH INDIVIDUAL'S CHANCE  OF  SUCCESS  IN  ANY  COVERED
 PROCEEDING;
   (V) IF A COVERED INDIVIDUAL KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT
 TO COUNSEL ON THE RECORD IN THE PRESENCE OF COUNSEL; OR
   (VI)  UPON  A  DETERMINATION  BY  A  LEGAL SERVICES PROVIDER AFTER THE
 CONSULTATION DESCRIBED IN SUBPARAGRAPH (II) OF  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  THAT  A COVERED INDIVIDUAL FACING A COVERED PROCEEDING IN A
 COVERED VENUE OTHER THAN AN IMMIGRATION COURT IN NEW YORK OR NEW  JERSEY
 HAS  NO  VIABLE  APPLICATION FOR APPEAL, CHALLENGE TO A COURT ORDER, NOR
 OTHER FORM OF RELIEF FROM REMOVAL FROM THE UNITED STATES.
   (D) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION, THE RIGHTS ESTABLISHED IN PARAGRAPH (A) OF THIS SUBDIVISION  SHALL
 NOT TERMINATE IF:
   (I)  AN  IMMIGRATION JUDGE DECLINES TO ALLOW A LEGAL SERVICES PROVIDER
 TO WITHDRAW FROM REPRESENTING A COVERED INDIVIDUAL; OR
   (II) A LEGAL SERVICES PROVIDER IS PROHIBITED FROM CEASING  TO  PROVIDE
 LEGAL SERVICES PURSUANT TO THE NEW YORK RULES OF PROFESSIONAL CONDUCT OR
 THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW'S PRACTICE MANUAL.

 A. 9125                             4

   3.  POWERS  AND  DUTIES  OF  THE  ADMINISTRATOR.  THE ADMINISTRATOR IS
 CHARGED WITH IMPLEMENTING THE REQUIREMENTS OF THIS SECTION NO LATER THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND MAY PROMULGATE  SUCH  RULES,
 POLICIES,  AND  PROCEDURES AS MAY BE NECESSARY AND APPROPRIATE TO ACCOM-
 PLISH  SUCH IMPLEMENTATION.   THE ADMINISTRATOR SHALL HAVE THE POWER AND
 RESPONSIBILITY TO:
   (A) ENSURE THAT ALL COVERED INDIVIDUALS BE ADVISED OF THEIR  RIGHT  TO
 COUNSEL  AND  BE  OFFERED LEGAL SERVICES AS PROVIDED IN PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION;
   (B) ENSURE  INDEPENDENT,  COMPETENT,  AND  ZEALOUS  REPRESENTATION  OF
 COVERED  INDIVIDUALS  RECEIVING LEGAL SERVICES PROVIDED PURSUANT TO THIS
 SECTION;
   (C) EXAMINE, EVALUATE, AND MONITOR LEGAL SERVICES PROVIDED PURSUANT TO
 THIS SECTION;
   (D) COLLECT AND RECEIVE INFORMATION AND DATA REGARDING  THE  PROVISION
 OF LEGAL SERVICES NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, WORK PROD-
 UCT  PRIVILEGE,  OR  ANY  OTHER  APPLICABLE  PRIVILEGE,  OR  THAT CAN BE
 DISCLOSED BY LEGAL SERVICES PROVIDERS WITHOUT  VIOLATING  THE  NEW  YORK
 RULES OF PROFESSIONAL CONDUCT, INCLUDING BUT NOT LIMITED TO:
   (I)  THE TYPES AND COMBINATIONS OF SUCH SERVICES BEING UTILIZED ACROSS
 THE STATE;
   (II) THE SALARIES AND OTHER COMPENSATION PAID TO  INDIVIDUAL  ADMINIS-
 TRATORS,  ATTORNEYS,  AND STAFF IN CONNECTION WITH THE PROVISION OF SUCH
 SERVICES;
   (III) THE  CASELOADS  OF  LEGAL  SERVICES  PROVIDERS  PROVIDING  LEGAL
 SERVICES IN CONNECTION WITH THE PROVISION OF SUCH SERVICES;
   (IV) THE TYPES, NATURE, AND TIMING OF DISPOSITIONS OF CASES HANDLED BY
 LEGAL SERVICES PROVIDERS PROVIDING LEGAL SERVICES;
   (V)  THE  ACTUAL  EXPENDITURES CURRENTLY BEING MADE IN CONNECTION WITH
 THE PROVISION OF LEGAL SERVICES; AND
   (VI) THE TIME, FUNDS, AND IN-KIND RESOURCES CURRENTLY BEING  SPENT  ON
 PROVIDING  SUCH  LEGAL  SERVICES AND THE AMOUNT BEING SPENT ON ANCILLARY
 SERVICES SUCH AS SUPPORT STAFF AND EXPERT WITNESSES;
   (E) ANALYZE AND EVALUATE COLLECTED DATA, AND UNDERTAKE  ANY  NECESSARY
 RESEARCH  AND  STUDIES,  IN  ORDER TO CONSIDER AND RECOMMEND MEASURES TO
 ENHANCE THE PROVISION OF EFFECTIVE LEGAL SERVICES  AND  TO  ENSURE  THAT
 RECIPIENTS  OF  LEGAL  SERVICES ARE PROVIDED WITH QUALITY REPRESENTATION
 FROM FISCALLY RESPONSIBLE PROVIDERS, WHICH  SHALL  INCLUDE  BUT  NOT  BE
 LIMITED TO STANDARDS, CRITERIA, AND A PROCESS FOR QUALIFYING AND RE-QUA-
 LIFYING LEGAL SERVICES PROVIDERS TO PROVIDE LEGAL SERVICES;
   (F)  ESTABLISH  MEASURES OF PERFORMANCE WHICH PROGRAMS SHALL REGULARLY
 REPORT TO THE ADMINISTRATOR TO ASSIST THE  ADMINISTRATOR  IN  MONITORING
 THE QUALITY OF LEGAL SERVICES;
   (G) ESTABLISH THE STANDARDS AND CRITERIA USED IN PROGRAMS TO DETERMINE
 WHETHER  INDIVIDUAL  LEGAL  SERVICES  PROVIDERS ARE QUALIFIED TO PROVIDE
 LEGAL SERVICES;
   (H) ESTABLISH THE CRITERIA AND PROCEDURES USED TO DETERMINE WHETHER  A
 PERSON  IS  ELIGIBLE  TO  RECEIVE LEGAL SERVICES, INCLUDING REQUIREMENTS
 RELATED TO INCOME AND DOMICILE, AND  TO  TRACK  THE  NUMBER  OF  PERSONS
 CONSIDERED  FOR AND APPLICANTS DENIED SUCH SERVICES, THE REASONS FOR THE
 DENIALS, AND THE RESULTS OF ANY REVIEW OF SUCH DENIALS;
   (I) ESTABLISH STANDARDS  AND  CRITERIA  FOR  THE  PROVISION  OF  LEGAL
 SERVICES IN CASES INVOLVING A CONFLICT OF INTEREST;
   (J) DEVELOP RECOMMENDATIONS TO IMPROVE THE DELIVERY OF LEGAL SERVICES;

 A. 9125                             5
 
   (K)   TARGET  GRANTS  IN  SUPPORT  OF  INNOVATIVE  AND  COST-EFFECTIVE
 SOLUTIONS THAT ENHANCE THE PROVISION OF LEGAL SERVICES, INCLUDING COLLA-
 BORATIVE EFFORTS SERVING MULTIPLE JURISDICTIONS WITHIN NEW YORK STATE;
   (L) INVESTIGATE AND MONITOR ANY OTHER MATTER RELEVANT TO THE PROVISION
 OF LEGAL SERVICES WHICH THE ADMINISTRATOR DEEMS IMPORTANT;
   (M)  REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION OF
 THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION, AND DATA
 AS WILL ENABLE THE ADMINISTRATOR TO PROPERLY CARRY  OUT  ITS  FUNCTIONS,
 POWERS, AND DUTIES, SUBJECT TO LIMITATIONS ON THE DISCLOSURE OF INFORMA-
 TION PROVIDED ON A PRIVILEGED BASIS TO LEGAL SERVICES PROVIDERS, AS WELL
 AS  LIMITATIONS  ON  THE  DISCLOSURE  OF  INFORMATION  BY LEGAL SERVICES
 PROVIDERS UNDER THE NEW YORK RULES OF PROFESSIONAL CONDUCT;
   (N) APPLY FOR AND ACCEPT ANY GRANT OR  OTHER  SOURCE  OF  FUNDING  FOR
 PURPOSES  OF  CARRYING OUT THE REQUIREMENTS OF THIS SECTION. ANY SUMS SO
 RECEIVED MAY BE EXPENDED BY THE ADMINISTRATOR TO EFFECTUATE THE FULFILL-
 MENT OF ANY SUCH  REQUIREMENT,  SUBJECT  TO  ANY  RELEVANT  REQUIREMENTS
 RELATED  TO  THE  APPROVAL  OF  EXPENDITURE  OF FUNDS AND AUDITS OF SUCH
 EXPENDITURES;
   (O) DEVELOP, PUBLISH, AND IMPLEMENT A WRITTEN  PLAN  THAT  ESTABLISHES
 NUMERICAL  CASELOAD/WORKLOAD STANDARDS FOR ALL LEGAL SERVICES PROVIDERS,
 WITH SUCH PLAN TO BE COMPLETED AND PUBLISHED WITHIN ONE  HUNDRED  EIGHTY
 DAYS  AFTER  THE  ENACTMENT  OF THIS SECTION, AND TO MONITOR AND PERIOD-
 ICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH THE PLAN;
   (P) DEVELOP AND IMPLEMENT A WRITTEN PLAN, AND TO MONITOR  AND  PERIOD-
 ICALLY REPORT ON THE IMPLEMENTATION OF AND COMPLIANCE WITH SUCH PLAN, TO
 IMPROVE  THE  QUALITY OF LEGAL SERVICES PROVIDED TO COVERED INDIVIDUALS,
 AND TO ENSURE THAT LEGAL SERVICES  PROVIDERS  PROVIDING  SUCH  REPRESEN-
 TATION  RECEIVE  EFFECTIVE  SUPERVISION AND TRAINING, HAVE ACCESS TO AND
 APPROPRIATELY UTILIZE INTERPRETERS AND EXPERT  WITNESSES  ON  BEHALF  OF
 CLIENTS,  COMMUNICATE EFFECTIVELY WITH THEIR CLIENTS, HAVE THE NECESSARY
 QUALIFICATIONS AND EXPERIENCE; AND
   (Q) BEGINNING IN TWO THOUSAND TWENTY-TWO, AND BY  SEPTEMBER  FIFTEENTH
 OF EACH YEAR THEREAFTER, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF
 THE  ASSEMBLY,  AND  THE  TEMPORARY  PRESIDENT OF THE SENATE, DESCRIBING
 COMPLIANCE WITH THE REQUIREMENTS OF  THIS  SECTION,  INCLUDING  BUT  NOT
 LIMITED TO:
   (I)  THE  CRITERIA USED TO DETERMINE WHETHER AN INDIVIDUAL IS ELIGIBLE
 FOR LEGAL SERVICES;
   (II) THE PROCEDURES USED TO DETERMINE WHETHER AN INDIVIDUAL IS  ELIGI-
 BLE TO RECEIVE LEGAL SERVICES;
   (III)  THE  NUMBER  OF  INDIVIDUALS DEEMED ELIGIBLE AND INELIGIBLE FOR
 LEGAL SERVICES;
   (IV) THE NUMBER OF CASES STARTED AND COMPLETED  AND  THE  OUTCOMES  OF
 THOSE CASES; AND
   (V) QUALITATIVE REVIEW OF THE LEGAL SERVICES PROVIDED.
   4.  FUNDING.  (A) THE STATE SHALL ESTABLISH A DEDICATED FUND AND SHALL
 APPROPRIATE SUFFICIENT SUMS INTO  SUCH  FUND  TO  FULLY  CARRY  OUT  THE
 REQUIREMENTS  OF  THIS  SECTION.  FUNDS NECESSARY TO FULLY CARRY OUT THE
 REQUIREMENTS OF THIS SECTION SHALL BE DETERMINED  ANNUALLY  BY  DECEMBER
 FIRST  OF  EACH YEAR BY THE SECRETARY OF STATE, IN CONSULTATION WITH THE
 ADMINISTRATOR AND THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (B) THE ADMINISTRATOR WILL BE CHARGED WITH ENSURING THAT  APPROPRIATED
 FUNDS  ARE  TIMELY  DISTRIBUTED  TO  LEGAL  SERVICES  PROVIDERS  FOR THE
 PROVISION OF LEGAL SERVICES.

 A. 9125                             6
 
   (C) NOTWITHSTANDING THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, SUMS APPROPRIATED TO CARRY OUT  THE  REQUIREMENTS  OF  THIS
 SECTION  SHALL  BE USED TO SUPPLEMENT AND NOT SUPPLANT ANY STATE, LOCAL,
 OR PRIVATE FUNDING THAT IS, OR IS ANTICIPATED TO BE,  EXPENDED  FOR  THE
 PROVISION  OF LEGAL SERVICES TO COVERED INDIVIDUALS, AND THE STATE SHALL
 NOT BE REQUIRED TO APPROPRIATE ANY  FUNDS  FOR  LEGAL  SERVICES  TO  THE
 EXTENT  THAT OBLIGATIONS ASSOCIATED WITH THE PROVISION OF LEGAL SERVICES
 ARE OTHERWISE FULLY SATISFIED BY FUNDS RECEIVED FROM  STATE,  LOCAL,  OR
 PRIVATE  SOURCES,  OR BY THE UNITED STATES GOVERNMENT IN SATISFACTION OF
 ANY LEGAL OBLIGATION.
   5. ADVISORY COMMITTEE. (A) THERE SHALL BE AN ADVISORY COMMITTEE  WHICH
 SHALL WORK, AS NECESSARY AND IN COLLABORATION WITH THE ADMINISTRATOR, TO
 DEVELOP PROGRAMS, POLICIES, TRAINING, AND PROCEDURES NECESSARY TO EFFEC-
 TUATE  THE REQUIREMENTS OF THIS SECTION. MATTERS TO BE CONSIDERED BY THE
 ADVISORY COMMITTEE INCLUDE, BUT ARE NOT LIMITED TO:
   (I) THE RATES OF COMPENSATION FOR LEGAL SERVICES;
   (II) COMMUNITY ENGAGEMENT EFFORTS;
   (III) THE SUFFICIENCY OF ACCESS TO LEGAL SERVICES IN COVERED VENUES;
   (IV) THE SUFFICIENCY OF SPACE AVAILABLE FOR  DESIGNATED  PROVIDERS  IN
 COVERED VENUES;
   (V)  ENSURING INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY HAVE ACCESS
 TO APPROPRIATE TRANSLATION SERVICES; AND
   (VI) OTHER EFFORTS BY  OTHER  STATES  TO  SUPPORT  INDIVIDUALS  FACING
 DEPORTATION.
   (B)  THE  ADVISORY  COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS.  THE
 GOVERNOR SHALL APPOINT FIVE MEMBERS OFFERING SERVICES TO INDIVIDUALS  IN
 COVERED  PROCEEDINGS,  INCLUDING  AT  LEAST  ONE  REPRESENTATIVE  OF THE
 PRIVATE BAR AND AN EQUAL NUMBER OF REPRESENTATIVES OF  DESIGNATED  LEGAL
 SERVICES PROVIDERS AND REPRESENTATIVES OF COMMUNITY-BASED ORGANIZATIONS.
 THE  SPEAKER OF THE ASSEMBLY AND TEMPORARY PRESIDENT OF THE SENATE SHALL
 APPOINT TWO MEMBERS EACH. THE ADMINISTRATOR SHALL SERVE EX OFFICIO.  THE
 GOVERNOR  SHALL  DESIGNATE  ONE MEMBER TO SERVE AS CHAIR OF THE ADVISORY
 COMMITTEE.
   (C) EACH MEMBER, OTHER THAN THE MEMBER SERVING IN AN EX OFFICIO CAPAC-
 ITY, SHALL SERVE FOR A TERM OF TWO YEARS, WITH INITIAL  TERMS  FOR  EACH
 COMMITTEE  SEAT COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND
 EXPIRING ON DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO.  INITIAL
 APPOINTMENTS  UNDER  THIS SUBDIVISION MUST BE MADE WITHIN TWENTY DAYS OF
 THE EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY  THAT
 ADDED  THIS SECTION.   ANY VACANCIES SHALL BE FILLED PROMPTLY AND IN THE
 SAME MANNER AS THE ORIGINAL APPOINTMENT, AND THE APPOINTEE FILLING  SUCH
 VACANCY  SHALL  SERVE  FOR  THE  UNEXPIRED  PORTION  OF  THE TERM OF THE
 SUCCEEDED MEMBER. ANY COMMITTEE MEMBER MAY BE REAPPOINTED FOR ADDITIONAL
 TERMS. A MEMBER OF THE ADVISORY COMMITTEE SHALL CONTINUE IN  SUCH  POSI-
 TION  UPON  THE EXPIRATION OF THEIR TERM AND UNTIL SUCH TIME AS THEY ARE
 REAPPOINTED OR THEIR SUCCESSOR IS APPOINTED, AS THE CASE MAY BE.
   (D) MEMBERS OF THE ADVISORY  COMMITTEE  SHALL  SERVE  WITHOUT  COMPEN-
 SATION,  BUT SHALL BE ALLOWED AND REIMBURSED FOR THEIR REASONABLE ACTUAL
 AND NECESSARY EXPENSES INCURRED IN PERFORMANCE OF THEIR FUNCTIONS  UNDER
 THIS SECTION BY THE ADMINISTRATOR.
   (E)  THE  ADVISORY COMMITTEE'S INITIAL MEETING SHALL TAKE PLACE WITHIN
 THIRTY DAYS OF THE APPOINTMENT OF ALL REQUIRED COMMITTEE  MEMBERS  UNDER
 PARAGRAPH (B) OF THIS SUBDIVISION, OR WITHIN SIXTY DAYS OF THE EFFECTIVE
 DATE  OF  A  CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS
 SECTION, WHICHEVER IS SOONER. THE ADVISORY COMMITTEE SHALL MEET NO  LESS
 THAN  FOUR  TIMES PER YEAR. THE ADVISORY COMMITTEE MAY ESTABLISH ITS OWN

 A. 9125                             7
 
 PROCEDURES WITH RESPECT TO THE CONDUCT OF ITS  MEETINGS  AND  ITS  OTHER
 AFFAIRS;  PROVIDED,  HOWEVER, THAT THE QUORUM AND MAJORITY PROVISIONS OF
 SECTION FORTY-ONE OF THE  GENERAL  CONSTRUCTION  LAW  SHALL  GOVERN  ALL
 ACTIONS TAKEN BY THE ADVISORY COMMITTEE.
   (F)  MEMBERSHIP  ON  THE  ADVISORY  COMMITTEE SHALL NOT CONSTITUTE THE
 HOLDING OF AN OFFICE.  THE ADVISORY COMMITTEE SHALL NOT HAVE  THE  POWER
 TO  EXERCISE  ANY PORTION OF THE SOVEREIGN POWER OF THE STATE. NO MEMBER
 OF THE ADVISORY COMMITTEE SHALL BE DISQUALIFIED FROM HOLDING ANY  PUBLIC
 OFFICE  OR  EMPLOYMENT,  NOR  SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR
 EMPLOYMENT, BY REASON  OF  HIS  OR  HER  APPOINTMENT  PURSUANT  TO  THIS
 SECTION,  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL,
 OR LOCAL LAW; ORDINANCE; OR CITY CHARTER.
   (G) BEGINNING IN TWO THOUSAND TWENTY-TWO, THE ADVISORY COMMITTEE SHALL
 PRODUCE A REPORT CONCERNING ITS DUTIES PURSUANT TO THIS SECTION AND  ANY
 RELATED RECOMMENDATIONS, AND SUCH REPORT SHALL BE INCLUDED IN THE REPORT
 SUBMITTED  BY  THE  ADMINISTRATOR  TO  THE  GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE UNDER PARAGRAPH  (P)
 OF SUBDIVISION THREE OF THIS SECTION.
   6. NO PRIVATE RIGHT OF ACTION. NOTHING IN THIS SECTION OR THE ADMINIS-
 TRATION  OR  APPLICATION  THEREOF SHALL BE CONSTRUED TO CREATE A PRIVATE
 RIGHT OF ACTION ON THE PART OF ANY PERSON OR ENTITY AGAINST THE STATE OR
 ANY AGENCY, INSTRUMENTALITY, OFFICIAL, OR EMPLOYEE THEREOF.
   7. MISCELLANEOUS PROVISIONS. (A) ANY LEGAL  SERVICES  PERFORMED  BY  A
 LEGAL  SERVICES  PROVIDER  PURSUANT  TO THIS SECTION SHALL NOT SUPPLANT,
 REPLACE, OR SATISFY ANY OBLIGATIONS OR RESPONSIBILITIES  OF  SUCH  LEGAL
 SERVICES PROVIDER PURSUANT TO ANY OTHER PROGRAM, AGREEMENT, OR CONTRACT.
   (B)  THE  PROVISIONS OF THIS SECTION SHALL SUPERSEDE CONFLICTING STATE
 OR LOCAL LAWS, RULES, POLICIES, PROCEDURES, AND PRACTICES, EXCEPT TO THE
 EXTENT THAT THE PROVISIONS OF ANY SUCH STATE OR LOCAL LAW, RULE, POLICY,
 PROCEDURE, OR PRACTICE MAY PROVIDE ANY ADDITIONAL OR  GREATER  RIGHT  OR
 PROTECTION.  NOTHING  IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO
 AS TO CREATE ANY POWER, DUTY, OR OBLIGATION PROHIBITED BY FEDERAL LAW.
   (C) IF ANY PROVISION OF THIS SECTION OR ANY APPLICATION THEREOF TO ANY
 PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT
 ANY PROVISION OR APPLICATION OF THIS SECTION THAT CAN  BE  GIVEN  EFFECT
 WITHOUT   THE  INVALID  PROVISION  OR  APPLICATION.  TO  THIS  END,  THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.  Effective immediately the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.