S T A T E O F N E W Y O R K
________________________________________________________________________
1961--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 13, 2021
___________
Introduced by M. of A. CRUZ, ROZIC, COLTON, CARROLL, REYES, DARLING,
SIMON, KIM, EPSTEIN, L. ROSENTHAL, WEPRIN, O'DONNELL, HYNDMAN, RAMOS,
CAHILL, TAYLOR, COOK, THIELE, DAVILA, QUART, JOYNER, FALL, WILLIAMS,
GOTTFRIED, ABINANTI, SEAWRIGHT, BURGOS, DINOWITZ, CLARK, MITAYNES,
MAMDANI, FORREST, KELLES, JACKSON, GONZALEZ-ROJAS, BURDICK, OTIS,
GALLAGHER, NIOU, JACOBSON, DE LOS SANTOS, CUNNINGHAM, DICKENS, FERNAN-
DEZ, J. D. RIVERA -- read once and referred to the Committee on Codes
-- 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 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-d to read
as follows:
§ 94-D. 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 IN
DETENTION IN NEW YORK, TRANSFERRED FROM DETENTION IN NEW YORK TO IMMI-
GRATION DETENTION IN ANOTHER STATE, OR WHO IS SUBJECT TO REMOVAL OR
INSPECTION PURSUANT TO 8 U.S.C. § 1229A OR 8 U.S.C. § 1225 AND THEIR
IMPLEMENTING REGULATIONS, OR SUBJECT TO 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02529-05-2
A. 1961--A 2
(II) A NEW YORK STATE DOMICILIARY WHO IS A UNITED STATES CITIZEN OR
WHOSE UNITED STATES CITIZENSHIP IS IN DISPUTE; OR
(III) ANY INDIVIDUAL WHOSE PROCEEDINGS HAVE A SIGNIFICANT NEXUS TO NEW
YORK STATE SUCH THAT THEY SHOULD BE PROVIDED RELIEF UNDER THIS STATUTE.
SIGNIFICANT NEXUS SHALL BE ESTABLISHED IN THE FOLLOWING CIRCUMSTANCES:
IF AN INDIVIDUAL IS IN DETENTION OR INCARCERATED IN THE STATE OF NEW
YORK, IF AN INDIVIDUAL IS TRANSFERRED BY FEDERAL IMMIGRATION AUTHORITIES
FROM NEW YORK TO IMMIGRATION DETENTION IN ANOTHER STATE, IF AN INDIVID-
UAL HAS AN IMMIGRATION CASE IN A TRIBUNAL LOCATED IN THE STATE OF NEW
YORK, IF AN INDIVIDUAL IS A NEW YORK DOMICILIARY AND DETAINED BY FEDERAL
IMMIGRATION AUTHORITIES ANYWHERE IN THE UNITED STATES, IF AN INDIVIDUAL
HAD AN IMMIGRATION CASE LOCATED IN A TRIBUNAL IN NEW YORK BEFORE BEING
TRANSFERRED BY IMMIGRATION AUTHORITIES FROM DETENTION IN NEW JERSEY TO
IMMIGRATION DETENTION IN ANOTHER STATE OR, AS DETERMINED BY THE ADMINIS-
TRATOR OR DESIGNEE OF THE ADMINISTRATOR.
(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 BEFORE THE
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; A PROCEEDING IN A
TRIBUNAL LOCATED IN NEW YORK FOR PURPOSES OF OBTAINING ANY ORDER NECES-
SARY FOR OR RELEVANT TO IMMIGRATION RELIEF; A HABEAS CORPUS OR OTHER
RELEVANT PETITION TO A FEDERAL DISTRICT COURT 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) AN IMMIGRATION COURT ANYWHERE IN THE
UNITED STATES WHERE THE CASE OF A COVERED INDIVIDUAL IS LOCATED; (II)
ANY TRIBUNAL LOCATED WITHIN NEW YORK STATE, INCLUDING, BUT NOT LIMITED
TO, FAMILY COURTS AND FEDERAL DISTRICT COURTS; (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 EXPEDITED REMOVALS
ARE PROCESSED; (IV) THE BOARD OF IMMIGRATION APPEALS; (V) THE UNITED
STATES CIRCUIT COURTS OF APPEALS; (VI) THE UNITED STATES SUPREME COURT;
(VII) UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; AND (VIII) ANY
TRIBUNAL AS DETERMINED BY THE ADMINISTRATOR OR A DESIGNEE OF THE ADMIN-
ISTRATOR ON A CASE-BY-CASE BASIS.
(E) "DOMICILE" MEANS A PRINCIPAL LOCATION WHERE A PERSON, WHEREVER
TEMPORARILY LOCATED, INTENDS TO RESIDE.
(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
A. 1961--A 3
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, INCLUDING BUT NOT LIMITED TO SOCIAL SERVICE ASSIST-
ANCE, 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 SHALL HAVE THE
RIGHT TO ONGOING LEGAL REPRESENTATION UNTIL TERMINATION IS AUTHORIZED
PURSUANT TO PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION.
(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:
(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;
A. 1961--A 4
(III) IF AN INDIVIDUAL COVERED BY VIRTUE OF BEING A NEW YORK STATE
DOMICILIARY CEASES TO BE A NEW YORK STATE DOMICILIARY AND ESTABLISHES
DOMICILE IN A JURISDICTION OUTSIDE OF NEW YORK STATE;
(IV) IF AN INDIVIDUAL COVERED BY VIRTUE OF BEING TRANSFERRED FROM NEW
YORK TO IMMIGRATION DETENTION IN ANOTHER STATE IS RELEASED FROM
DETENTION AND IS NOT A NEW YORK STATE DOMICILIARY;
(V) 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;
(VI) IF A COVERED INDIVIDUAL KNOWINGLY AND VOLUNTARILY WAIVES THE
RIGHT TO COUNSEL; OR
(VII) 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 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.
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 THIRTY, AND SHALL PROMULGATE SUCH RULES,
POLICIES, AND PROCEDURES NECESSARY AND APPROPRIATE TO ACCOMPLISH SUCH
IMPLEMENTATION NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
SUCH RULES, POLICIES, AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE MEASURES DELINEATED IN THIS SUBDIVISION, WITH ANNUAL BENCHMARKS
TO ENSURE FULL IMPLEMENTATION BY JANUARY FIRST, TWO THOUSAND THIRTY.
THE ADMINISTRATOR SHALL HAVE THE POWER AND RESPONSIBILITY, INDEPENDENTLY
AND/OR THROUGH ONE OR MORE DESIGNEES, 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, HIGH QUALITY, AND ZEALOUS REPRESEN-
TATION 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;
A. 1961--A 5
(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;
(K) TARGET GRANTS AND ESTABLISH STRATEGIC PROGRAMS IN SUPPORT OF INNO-
VATIVE AND COST-EFFECTIVE SOLUTIONS THAT ENHANCE THE PROVISION OF AND
CAPACITY FOR LEGAL SERVICES, INCLUDING, BUT NOT LIMITED TO, A CAPACITY
BUILDING PIPELINE TO BRING NEW ATTORNEYS INTO THE FIELD AND INCLUDING
COLLABORATIVE EFFORTS SERVING MULTIPLE JURISDICTIONS WHERE COVERED INDI-
VIDUALS AND COVERED PROCEEDINGS ARE LOCATED;
(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;
A. 1961--A 6
(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;
(Q) BEGINNING IN TWO THOUSAND TWENTY-FIVE, 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; AND
(R) BEGINNING IN TWO THOUSAND TWENTY-FIVE, AND BY SEPTEMBER FIFTEENTH
OF EVERY SECOND YEAR THEREAFTER, IN CONSULTATION WITH THE ADVISORY
COMMITTEE, SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,
THE TEMPORARY PRESIDENT OF THE SENATE, AND THE DIRECTOR OF THE DIVISION
OF THE BUDGET, PRESENTING AN ANALYSIS OF QUALITATIVE AND QUANTITATIVE
DATA ON IMMIGRATION COURT CASES AND IMMIGRATION ENFORCEMENT ACTIVITY AND
RECOMMENDATIONS FOR ADJUSTMENTS IN FUNDING TO ENSURE COMPLIANCE WITH
THIS SECTION.
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 UPON REVIEW
OF THE REPORT SUBMITTED BY THE ADMINISTRATOR PURSUANT TO PARAGRAPH (R)
OF SUBDIVISION THREE OF THIS SECTION.
(B) THE ADMINISTRATOR WILL BE CHARGED WITH ENSURING THAT APPROPRIATED
FUNDS ARE TIMELY DISTRIBUTED TO LEGAL SERVICES PROVIDERS FOR THE
PROVISION OF LEGAL SERVICES.
(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.
A. 1961--A 7
5. ADVISORY COMMITTEE. (A) THERE SHALL BE AN ADVISORY COMMITTEE WHICH
SHALL WORK, IN COLLABORATION WITH THE ADMINISTRATOR, TO DEVELOP
PROGRAMS, POLICIES, TRAINING, AND PROCEDURES NECESSARY TO EFFECTUATE THE
REQUIREMENTS OF THIS SECTION. THE ADMINISTRATOR SHALL COLLABORATE WITH
THE ADVISORY COMMITTEE ON MATTERS INCLUDING, BUT NOT LIMITED TO:
(I) THE RATES OF COMPENSATION FOR LEGAL SERVICES;
(II) COMMUNITY ENGAGEMENT EFFORTS;
(III) THE SUFFICIENCY OF ACCESS TO AND THE QUALITY OF LEGAL SERVICES
PROVIDED TO COVERED INDIVIDUALS 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, REPRESENTING THE GEOGRAPHIC REGIONS WHERE COVERED
INDIVIDUALS AND COVERED VENUES ARE LOCATED. THE GOVERNOR'S APPOINTEES
SHALL FURTHER CONSIST OF NO MORE THAN ONE REPRESENTATIVE OF THE PRIVATE
BAR AND FOUR REPRESENTATIVES OF LEGAL SERVICES PROVIDERS AND REPRESEN-
TATIVES OF COMMUNITY-BASED ORGANIZATIONS OFFERING SERVICES TO COVERED
INDIVIDUALS. 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-FOUR AND
EXPIRING ON DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. INITIAL
APPOINTMENTS UNDER THIS SUBDIVISION MUST BE MADE WITHIN TWENTY DAYS OF
THE EFFECTIVE DATE OF 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 REAP-
POINTED FOR ADDITIONAL TERMS. A MEMBER OF THE ADVISORY COMMITTEE SHALL
CONTINUE IN SUCH POSITION 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 THIS SECTION, WHICHEVER IS SOONER. THE ADVISORY COMMITTEE SHALL
MEET NO LESS THAN FOUR TIMES PER YEAR. THE ADVISORY COMMITTEE MAY ESTAB-
LISH ITS OWN 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
A. 1961--A 8
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-FOUR, 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 PARA-
GRAPH (Q) 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 immediately.