NY State Senate Bill 2021-S81B

Senate Bill S81B

2021-2022 Legislative Session

Establishes the right to legal counsel in immigration court proceedings and provides for the administration thereof

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2022	print number 81b
Aug 17, 2022	amend and recommit to finance
Jan 05, 2022	referred to finance
Mar 01, 2021	print number 81a
Mar 01, 2021	amend and recommit to finance
Jan 06, 2021	referred to finance

Bill Amendments

Original

B (Active)

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2021-S81 - Details

See Assembly Version of this Bill:: A1961
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §94-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7261, A9125
2023-2024: S999, A170

2021-S81 - Summary

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

2021-S81 - Sponsor Memo

                                
 
BILL NUMBER: S81

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

The Access to Representation Act would: (1) establish a universal right
to counsel for indigent New Yorkers who are subject to removal
proceedings under federal immigration law, as well as related
proceedings such as efforts to obtain special findings orders or certif-
ications of helpfulness in state court; (2) appoint the Director of the
New York State Office for New Americans as the administrator in charge
of effectuating this right, and empowering the administrator to promul-
gate rules, policies, and procedures as needed; (3) monitor and improve
the legal services provided to covered individuals and submit an annual
report to state officials summarizing its activities; (4) require that
New York State appropriate the sums necessary to effectuate the right to

counsel; (5) encourage local governments and private sources that
currently provide funding for legal services to continue providing such
funding; and (6) establish an advisory committee to advise and assist
the administrator in carrying out its responsibilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the title clause, establishing the Access to
Representation Act.

Section 2 of the bill creates a new Section 94-C to Article 6 of the New
York State Executive Law ("Right to Counsel in Immigration Court
Proceedings") with the following provisions:

-Subdivision 1 establishes the definitions used throughout the Act,
including establishing that the Director of the Office for New Americans
is be the administrator of the right to counsel program.  Other defi-
nitions delineate exactly which individuals are covered individuals
under this statute, and therefore have a right to counsel, and the
circumstances in which they benefit from those rights.

-Subdivision 2 mandates that covered individuals be provided with legal
counsel, and enumerates the points at which the right to counsel
attaches, differentiating between removal proceedings, expedited removal
proceedings, the reinstatement of a final order of removal, instances
where an individual's proceedings are consolidated with those of a
covered individual, and instances involving a minor whose parent is a
covered individual in immigration proceedings. This subdivision also
enumerates the circumstances under which the rights granted by this
statute will terminate, including if such individual's proceedings are
terminated or dismissed by an immigration court or other, competent
authority, if a final order or judgment is issued and there remains no
reasonable pathway to seek relief, if an individual ceases to be a New
York domiciliary, if an individual's income is found to be too high to
qualify for coverage, or if an individual waives the right to counsel
knowingly and voluntarily on the record.

-Subdivision 3 delegates responsibility to the administrator to effectu-
ate the right to counsel, and grants the administrator authority to
promulgate rules, policies, and procedures in order to do so.

-Subdivision 4 requires the state to establish a dedicated fund, and
appropriate sufficient sums in to such fund, to allow for the provision
of legal services to covered individuals. This subdivision contains
provisions to ensure that funds appropriated will be used only to
supplement and not supplant any existing state, local, or private fund-
ing that is, or is anticipated to be, expended for the provision of
legal services to covered individuals. This subdivision also makes clear
that the state is not required to expend funds to provide services to
covered individuals to the extent that local governments, or private
sources, are already providing such funds.

-Subdivision 5 establishes an advisory committee to assist the adminis-
trator effectuating the right to counsel. The advisory committee is made
up of appointees from the governor, the temporary president of the
senate, and the speaker of the assembly, and must include three repre-
sentatives from legal services providers designated by the administra-
tor, one representative from community-based organizations that provide
services to covered individuals in immigration proceedings, and one
representative from the private bar. The administrator serves on the
committee in an ex-officio capacity.

-Subdivision 6 clarifies that private rights of action to enforce the
provisions of this statute are explicitly barred. -Subdivision 7
contains miscellaneous provisions including a preemption clause and a
severability clause.

-Section 3 of the bill is the effective date.

 
JUSTIFICATION:

This legislation is necessary to ensure due process and access to
justice for immigrant New Yorkers for three main reasons: * Immigrants
face potentially severe consequences in immigration proceedings, includ-
ing removal and family separation; ** Immigrant New Yorkers face signif-
icant challenges in accessing counsel in immigration court proceedings;
and *** Immigrants with access to counsel fare dramatically better in
immigration court proceedings.  Each reason is discussed in detail
below.

Federal law does not provide a guaranteed right to counsel in immi-
gration proceedings.(1) In certain removal proceedings, whether an immi-
grant is allowed to remain in the United States, or instead forced to
return to her country of origin, is a matter of life and death. In other
cases, an immigrant in immigration proceedings may face the loss of
home, family, or community. For some immigrants, this loss may be espe-
cially draconian, as the United States may have been the only home they
have ever known, and losing this home means being separated from their
families and communities and deported to a country that they do not know
or recognize.

Immigrants can be detained indefinitely in prison-type settings under
civil, administrative authority only, without the constitutional
protections available in the criminal context. Immigration court
proceedings directly affect the liberty interests of these detained
immigrants, and their success in these proceedings could mean the
difference between freedom or continued imprisonment.

In immigration proceedings, the government is always represented by a
trained attorney, but many indigent immigrants have no choice but to
defend their cases alone. New and ever-changing administrative policies
compound the difficulties indigent immigrants face in navigating a
complex legal system with which they are not familiar.  Increasing
access to representation is thus imperative to ensure due process and
access to justice.

Because immigration is primarily an area of federal law, and given the
critical interests involved, both the New York State Bar Association and
the American Bar Association have called for the creation of a federally
funded system of appointed counsel for indigent immigrants in immi-
gration court proceedings. However, until such a federally funded system
is established, both Associations have noted that states must act to
protect the rights of immigrants.

New York is home to more than 4.5 million immigrants, (2) all of whom
could potentially face immigration court proceedings. It is estimated
that nearly 1 million of those immigrants lack lawful status(3) and are
thus particularly vulnerable to immigration enforcement. Many others are
ineligible to become United States citizens and are at risk of removal
from the United States.

Despite the critical interests at risk in such proceedings, immigrant
New Yorkers face numerous challenges in their access to counsel, includ-
ing geographic distances, political fears, financial considerations,
long waiting lists, and language barriers.(4)

Indigent immigrant New Yorkers cannot afford an attorney to defend them
in immigration court proceedings, and they often cannot obtain low-cost
or pro bono legal counsel either due to a lack of funding, or restric-
tive funding, a lack of such providers in many areas of New York, or
other barriers. The legal service providers that exist to serve these
vulnerable populations are understaffed and overburdened, located far
from the vulnerable populations, or lack the necessary resources to help
non-English-speaking immigrants.

Immigrants wishing to appeal negative immigration court decisions face
even greater challenges in accessing counsel. Only 58% of nonprofits
even handle appeals of immigration court cases,(5) and the burden on
them to do so is tremendous, given the current challenges of adequate
funding and staffing.

This legislation would help ensure appropriate funding for immigration
legal services and remove these common barriers so that immigrant New
Yorkers can access counsel, regardless of their income, language, or
geographic location.

Access to counsel is inexorably linked to access to justice in immi-
gration court. Having legal representation is one of the most important
variables in obtaining a successful outcome.(6) A study by the American
Immigration Council, which analyzed data on case outcomes obtained from
the Department of Justice Executive Office for Immigration Review,
demonstrated that having an attorney made it more likely for an immi-
grant to:
-Be released from custody: 44% of represented immigrants were given a
custody hearing, compared to 18% of unrepresented immigrants, and 44% of
represented immigrants were actually released from custody, compared to
11% of unrepresented immigrants;(7)

-Appear in immigration court: "Ninety percent of unrepresented immi-
grants with removal orders were removed in absentia versus only 29
percent of their represented counterparts with removal orders;"(8)

-Defend themselves against removal charges: 21% of represented detained
immigrants fought off removal either by filing successful applications
for relief or successfully challenging the proceedings in the first
instance, compared to 2% of unrepresented detained immigrants, and 60%
of never-detained represented immigrants did the same versus 17% of
never-detained unrepresented immigrants;(9) and Win their cases: Of
those that filed applications for relief from removal, 32% of detained
immigrants won their case, compared to 3% of unrepresented detained
immigrants, and 78% of never-detained represented immigrants won their
case versus 15% of never-detained unrepresented immigrants.(10)

The benefits of legal representation in immigration court proceedings
has become even more evident through the successes of the New York Immi-
grant Family Unity Project (NYIFUP), the pioneering public defender
model for detained immigrants that began in New York City in 2013. The
first round of assessment of NYIFUP shows that access to lawyers has
resulted in a 48% success rate for detained New Yorkers, compared to 4%
pre-NYIFUP.(11) This represents a 1,100% increase in a detained individ-
ual's chances of winning their cases before an immigration judge.(12)

The proven impact of legal representation on case outcomes makes it
imperative to provide access to counsel for immigrant New Yorkers facing
immigration proceedings, especially given the quasi-criminal and adver-
sarial nature of such proceedings. This is true despite additional
burdens that may be placed on legal services providers in New York
State. This legislation will help ensure that due process is served for
vulnerable immigrant New Yorkers and that the principles of fundamental
fairness are observed.

 
PRIOR LEGISLATIVE HISTORY:

S.7216 of 2020 (Holyman): Died in Local Government A.8736 of 2019-2020
(Galef): Died in Ways and Means

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.
* Immigrants Face Potentially Severe Consequences in Immigration
Proceedings, Including Removal and Family Separation.
** Immigrant New Yorkers Face Significant Challenges in Accessing Coun-
sel in Immigration Court Proceedings.  *** Immigrants with Access to
Counsel Fare Dramatically Better in Immigration Court Proceedings.
(1) John R. Mills, Kristen M. Echemendia & Stephen Yale-Loehr, "Death is
Different" and a Refugee's Right to Counsel, 42 CORNELL INT'L L.J.  361,
366-67 (2009)
(2) Immigrants and the Economy in New York, New Am. Econ.,
https://www.newamericaneconomy.org/locations/new-york/ (last visited
1444 29, 2019).
(3) Profile of Unauthorized Population: New York, Migration Pol'y Inst.,
https://www.migrationpolicy.org/data/unauthorized-immigrant-population
/state/NY (last visited Mar. 23, 2019)
(4) See N.Y Immigration Coalition & Immigration Advocates Response
Collaborative, No Safe Harbor: Challenges in Obtaining Immigration Legal
Services in New York State 6 (2018 Update), www.nyic.org/nosafeharbor.
(5)Id. at 6.
(6) Stacy Caplow, Peter L. Markowitz, et al., Accessing Justice: The
Availablity and Adequacy of Counsel in Removal Proceedings New YorkImmi-
grant Representation Study Report: Part 1, 33 Cardozo L.  Rev357, 363
(Dec. 2011)
(7) Ingrid Eagly & Steven Shafer, Am. Immigration Council, Access to
Counsel in Immigration Court 17 (2016),
https://www.americanimmigrationcouncil.org/sites/default/files/research/
access_to_counsel_in_immigration_court.pdf.
(8) Id. at 18.
(9) Id. at 19.
(10) Id. at 20
(11) Jennifer Stave et al., Vera Inst. of Justice, Evaluation of the New
York Immigrant Family Unity Project: Assessing the Impact of Legal
Representation on Family and Community Unity 5-6 (Nov. 2017),
https://storage.googleapis.com/vera-web-assets/downloads/Publications/
new-york-immigrant-family-unity-project-evaluation/legacy_downloads/
newyork-immigrant-family-unity-project-evaluation.pdf.
(12) Id. at 6.

2021-S81 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    81
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, GIANARIS, KAVANAGH, PERSAUD, RAMOS, RIVERA,
   SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
   to be committed to the Committee on Finance
 
 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02529-01-1

 S. 81                               2
 
 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
 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

 S. 81                               3
 
 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;
   (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:

 S. 81                               4
 
   (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 TWENTY-TWO, 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;

 S. 81                               5
 
   (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  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-THREE, 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.

 S. 81                               6
 
   (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.
   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-TWO  AND
 EXPIRING  ON  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-THREE. 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-ONE
 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

 S. 81                               7

 DATE OF A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE 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
 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-THREE, 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 (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 on or before
 such date.

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2021-S81A - Details

See Assembly Version of this Bill:: A1961
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §94-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7261, A9125
2023-2024: S999, A170

2021-S81A - Summary

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

2021-S81A - Sponsor Memo

                                
 
BILL NUMBER: S81A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

The Access to Representation Act would: (1) establish a universal right
to counsel for indigent New Yorkers who are subject to removal
proceedings under federal immigration law, as well as related
proceedings such as efforts to obtain special findings orders or certif-
ications of helpfulness in state court; (2) appoint the Director of the
New York State Office for New Americans as the administrator in charge
of effectuating this right, and empowering the administrator to promul-
gate rules, policies, and procedures as needed; (3) monitor and improve
the legal services provided to covered individuals and submit an annual
report to state officials summarizing its activities; (4) require that
New York State appropriate the sums necessary to effectuate the right to

counsel; (5) encourage local governments and private sources that
currently provide funding for legal services to continue providing such
funding; and (6) establish an advisory committee to advise and assist
the administrator in carrying out its responsibilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the title clause, establishing the Access to
Representation Act.

Section 2 of the bill creates a new Section 94-C to Article 6 of the New
York State Executive Law ("Right to Counsel in Immigration Court
Proceedings") with the following provisions:

-Subdivision 1 establishes the definitions used throughout the Act,
including establishing that the Director of the Office for New Americans
is be the administrator of the right to counsel program. Other defi-
nitions delineate exactly which individuals are covered individuals
under this statute, and therefore have a right to counsel, and the
circumstances in which they benefit from those rights.

-Subdivision 2 mandates that covered individuals be provided with legal
counsel, and enumerates the points at which the right to counsel
attaches, differentiating between removal proceedings, expedited removal
proceedings, the reinstatement of a final order of removal, instances
where an individual's proceedings are consolidated with those of a
covered individual, and instances involving a minor whose parent is a
covered individual in immigration proceedings. This subdivision also
enumerates the circumstances under which the rights granted by this
statute will terminate, including if such individual's proceedings are
terminated or dismissed by an immigration court or other, competent
authority, if a final order or judgment is issued and there remains no
reasonable pathway to seek relief, if an individual ceases to be a New
York domiciliary, if an individual's income is found to be too high to
qualify for coverage, or if an individual waives the right to counsel
knowingly and voluntarily on the record.

-Subdivision 3 delegates responsibility to the administrator to effectu-
ate the right to counsel, and grants the administrator authority to
promulgate rules, policies, and procedures in order to do so.

-Subdivision 4 requires the state to establish a dedicated fund, and
appropriate sufficient sums in to such fund, to allow for the provision
of legal services to covered individuals. This subdivision contains
provisions to ensure that funds appropriated will be used only to
supplement and not supplant any existing state, local, or private fund-
ing that is, or is anticipated to be, expended for the provision of
legal services to covered individuals. This subdivision also makes clear
that the state is not required to expend funds to provide services to
covered individuals to the extent that local governments, or private-
sources, are already providing such funds.

-Subdivision 5 establishes an advisory committee to assist the adminis-
trator effectuating the right to counsel. The advisory committee is made
up of appointees from the governor, the temporary president of the
senate, and the speaker of the assembly, and must include three repre-
sentatives from legal services providers designated by the administra-
tor, one representative from community-based organizations that provide
services to covered individuals in immigration proceedings, and one
representative from the private bar.  The administrator serves on the
committee in an ex-officio capacity.

-Subdivision 6 clarifies that private rights of action to enforce the
provisions of this statute are explicitly barred. -Subdivision 7
contains miscellaneous provisions including a preemption clause and a
severability clause.

-Section 3 of the bill is the effective date.

 
JUSTIFICATION:

This legislation is necessary to ensure due process and access to
justice for immigrant New Yorkers for three main reasons: * Immigrants
face potentially severe consequences in immigration proceedings, includ-
ing removal and family separation; ** Immigrant New Yorkers face signif-
icant challenges in accessing counsel in immigration court proceedings;
and *** Immigrants with access to counsel fare dramatically better in
immigration court proceedings. Each reason is discussed in detail below.
Federal law does not provide a guaranteed right to counsel in immi-
gration proceedings.(1) In certain removal proceedings, whether an immi-
grant is allowed to remain in the United States, or instead forced to
return to her country of origin, is a matter of life and death. In other
cases, an immigrant in immigration proceedings may face the loss of
home, family, or community. For some immigrants, this loss may be espe-
cially draconian, as the United States may have been the only home they
have ever known, and losing this home means being separated from their
families and communities and deported to a country that they do not know
or recognize.

Immigrants can be detained indefinitely in prison-type settings under
civil, administrative authority only, without the constitutional
protections available in the criminal context. Immigration court
proceedings directly affect the liberty interests of these detained
immigrants, and their success in these proceedings could mean the
difference between freedom or continued imprisonment.
In immigration proceedings, the government is always represented by a
trained attorney, but many indigent immigrants have no choice but to
defend their cases alone. New and ever-changing administrative policies
compound the difficulties indigent immigrants face in navigating a
complex legal system with which they are not familiar. Increasing access
to representation is thus imperative to ensure due process and access to
justice.

Because immigration is primarily an area of federal law, and given the
critical interests involved, both the New York State Bar Association and
the American Bar Association have called for the creation of a federally
funded system of appointed counsel for indigent immigrants in immi-
gration court proceedings. However, until such a federally funded system
is established, both Associations have noted that states must act to
protect the rights of immigrants.

New York is home to more than 4.5 million immigrants, (2) all of whom
could potentially face immigration court proceedings. It is estimated
that nearly 1 million of those immigrants lack lawful status(3) and are
thus particularly vulnerable to immigration enforcement. Many others are
ineligible to become United States citizens and are at risk of removal
from the United States.

Despite the critical interests at risk in such proceedings, immigrant
New Yorkers face numerous challenges in their access to counsel, includ-
ing geographic distances, political fears, financial considerations,
long waiting lists, and language barriers.(4) Indigent immigrant New
Yorkers cannot afford an attorney to defend them in immigration court
proceedings, and they often cannot obtain low-cost or pro bono legal
counsel either due to a lack of funding, or restrictive funding, a lack
of such providers in many areas of New York, or other barriers. The
legal service providers that exist to serve these vulnerable populations
are understaffed and overburdened, located far from the vulnerable popu-
lations, or lack the necessary resources to help non-English-speaking
immigrants.  Immigrants wishing to appeal negative immigration court
decisions face even greater challenges in accessing counsel. Only 58% of
nonprofits even handle appeals of immigration court cases,(5) and the
burden on them to do so is tremendous, given the current challenges of
adequate funding and staffing.

This legislation would help ensure appropriate funding for immigration
legal services and remove these common barriers so that immigrant New
Yorkers can access counsel, regardless of their income, language, or
geographic location.

Access to counsel is inexorably linked to access to justice in immi-
gration court. Having legal representation is one of the most important
variables in obtaining a successful outcome.(6) A study by the American
Immigration Council, which analyzed data on case outcomes obtained from
the Department of Justice Executive Office for Immigration Review,
demonstrated that having an attorney made it more likely for an immi-
grant to:

-Be released from custody: 44% of represented immigrants were given a
custody hearing, compared to 18% of unrepresented immigrants, and 44% of
represented immigrants were actually released from custody, compared to
11% of unrepresented immigrants;(7)

-Appear in immigration court: "Ninety percent of unrepresented immi-
grants with removal orders were removed in absentia versus only 29
percent of their represented counterparts with removal orders;"(8)

-Defend themselves against removal charges:  21% of represented detained
immigrants fought off removal either by filing successful applications
for relief or successfully challenging the proceedings in the first
instance, compared to 2% of unrepresented detained immigrants, and 60%
of never-detained represented immigrants did the same versus 17% of
never-detained unrepresented immigrants;(9) and Win their cases: Of
those that filed applications for relief from removal, 32% of detained
immigrants won their case, compared to 3% of unrepresented detained
immigrants, and 78% of never-detained represented immigrants won their
case versus 15% of never-detained unrepresented immigrants.(10)

The benefits of legal representation in immigration court proceedings
has become even more evident through the successes of the New York Immi-
grant Family Unity Project (NYIFUP), the pioneering public defender
model for detained immigrants that began in New York City in 2013.

The first round of assessment of NYIFUP shows that access to lawyers has
resulted in a 48% success rate for detained New Yorkers, compared to 4%
pre-NYIFUP.(11) This represents a 1,100% increase in a detained individ-
ual's chances of winning their cases before an immigration judge.(12)
The proven impact of legal representation on case outcomes makes it
imperative to provide access to counsel for immigrant New Yorkers facing
immigration proceedings, especially given the quasi-criminal and adver-
sarial nature of such proceedings. This is true despite additional
burdens that may be placed on legal services providers in New York
State. This legislation will help ensure that due process is served for
vulnerable immigrant New Yorkers and that the principles of fundamental
fairness are observed.

 
PRIOR LEGISLATIVE HISTORY:

S.7216 of 2020 (Holyman): Died in Local Government A.8736 of 2019-2020
(Galef): Died in Ways and Means

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.  * Immigrants Face Potentially Severe Conse-
quences in Immigration Proceedings, Including Removal and Family Sepa-
ration.  ** Immigrant New Yorkers Face Significant Challenges in Access-
ing Counsel in Immigration Court Proceedings.
*** Immigrants with Access to Counsel Fare Dramatically Better in Immi-
gration Court Proceedings.
(1) John R. Mills, Kristen M. Echemendia & Stephen Yale-Loehr, "Death is
Different" and a Refugee's Right to Counsel, 42 CORNELL INT'L L.J. 361,
366-67 (2009)
(2) Immigrants and the Economy in New York, New Am. Econ.,
https://www.newamericaneconomy.org/locations/new-york/
(last visited 1444 29, 2019).
(3) Profile of Unauthorized Population: New York, Migration Pol'y Inst.,
https://www.migrationpolicy.org/data/unauthorized-immigrant-population
/state/NY (last visited Mar. 23, 2019)
(4) See N.Y Immigration Coalition & Immigration Advocates Response
Collaborative, No Safe Harbor: Challenges in Obtaining Immigration Legal
Services in New York State 6 (2018 Update), www.nyic.org/nosafeharbor.
(5)Id. at 6.
(6) Stacy Caplow, Peter L. Markowitz, et al., Accessing Justice: The
Availablity and Adequacy of Counsel in Removal Proceedings New York
lmmigrant Representation Study Report: Part 1, 33 Cardozo L. Rev357, 363
(Dec. 2011)
(7) Ingrid Eagly & Steven Shafer, Am. Immigration Council, Access to
Counsel in Immigration Court 17 (2016),
https://www.americanimmigrationcouncil.org/sites/default/files/research/
accesstocounselinimmigration_court.pdf.
(8)Id.at18.
(9)Id.at19.
(10)Id.at20
(11) Jennifer Stave et al., Vera Inst. of Justice, Evaluation of the New
York Immigrant Family Unity Project: Assessing the Impact of Legal
Representation on Family and Community Unity 5-6 (Nov. 2017),
https://storage.googleapis.com/vera-web-assets/downloads/Publications/
new-york-immigrant-family-unity-project-evaluation/legacy_downloads/
newyork-immigrant-family-unity-project-evaluation.pdf.
(12) Id. at 6.

2021-S81A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   81--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BRISPORT,  GIANARIS, KAVANAGH, PERSAUD,
   RAMOS, RIVERA, SALAZAR, SEPULVEDA -- read twice and  ordered  printed,
   and  when  printed  to  be  committed  to  the Committee on Finance --
   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  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02529-03-1

 S. 81--A                            2
 
   (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
 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

 S. 81--A                            3
 
 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;
   (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.

 S. 81--A                            4
 
   (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 TWENTY-TWO, 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

 S. 81--A                            5
 
 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  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-THREE, 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

 S. 81--A                            6
 
 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.
   (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-TWO  AND
 EXPIRING  ON  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-THREE. 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-ONE
 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.

 S. 81--A                            7
 
   (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-ONE 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
 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-THREE, 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 (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.

co-Sponsors

View additional co-sponsors

2021-S81B (ACTIVE) - Details

See Assembly Version of this Bill:: A1961
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §94-d, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7261, A9125
2023-2024: S999, A170

2021-S81B (ACTIVE) - Summary

Establishes the right to legal counsel in immigration court proceedings; provides for the administration thereof.

2021-S81B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S81B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OF BILL:

The Access to Representation Act would: (1) establish a universal right
to counsel for indigent New Yorkers who are subject to removal
proceedings under federal immigration law, as well as related
proceedings such as efforts to obtain special findings orders or certif-
ications of helpfulness in state court; (2) appoint the Director of the
New York State Office for New Americans as the administrator in charge
of effectuating this right, and empowering the administrator to promul-
gate rules, policies, and procedures as needed; (3) monitor and improve
the legal services provided to covered individuals and submit an annual
report to state officials summarizing its activities; (4) require that
New York State appropriate the sums necessary to effectuate the right to
counsel; (5) encourage local governments and private sources that

currently provide funding for legal services to continue providing such
funding; and (6) establish an advisory committee to advise and assist
the administrator in carrying out its responsibilities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill is the title clause, establishing the Access to
Representation Act.

Section 2 of the bill creates a new Section 94-C to Article 6 of the New
York State Executive Law ("Right to Counsel in Immigration Court
Proceedings") with the following provisions:

-Subdivision 1 establishes the definitions used throughout the Act,
including establishing that the Director of the Office for New Americans
is be the administrator of the right to counsel program.  Other defi-
nitions delineate exactly which individuals are covered individuals
under this statute, and therefore have a right to counsel, and the
circumstances in which they benefit from those rights.

-Subdivision 2 mandates that covered individuals be provided with legal
counsel, and enumerates the points at which the right to counsel
attaches, differentiating between removal proceedings, expedited removal
proceedings, the reinstatement of a final order of removal, instances
where an individual's proceedings are consolidated with those of a
covered individual, and instances involving a minor whose parent is a
covered individual in immigration proceedings. This subdivision also
enumerates the circumstances under which the rights granted by this
statute will terminate, including if such individual's proceedings are
terminated or dismissed by an immigration court or other, competent
authority, if a final order or judgment is issued and there remains no
reasonable pathway to seek relief, if an individual ceases to be a New
York domiciliary, if an individual's income is found to be too high to
qualify for coverage, or if an individual waives the right to counsel
knowingly and voluntarily on the record.

-Subdivision 3 delegates responsibility to the administrator to effectu-
ate the right to counsel, and grants the administrator authority to
promulgate rules, policies, and procedures in order to do so.

-Subdivision 4 requires the state to establish a dedicated fund, and
appropriate sufficient sums in to such fund, to allow for the provision
of legal services to covered individuals. This subdivision contains
provisions to ensure that funds appropriated will be used only to
supplement and not supplant any existing state, local, or private fund-
ing that is, or is anticipated to be, expended for the provision of
legal services to covered individuals. This subdivision also makes clear
that the state is not required to expend funds to provide services to
covered individuals to the extent that local governments, or private-
sources, are already providing such funds.

-Subdivision 5 establishes an advisory committee to assist the adminis-
trator effectuating the right to counsel. The advisory committee is made
up of appointees from the governor, the temporary president of the
senate, and the speaker of the assembly, and must include three repre-
sentatives from legal services providers designated by the administra-
tor, one representative from community-based organizations that provide
services to covered individuals in immigration proceedings, and one
representative from the private bar. The administrator serves on the
committee in an ex-officio capacity.

-Subdivision 6 clarifies that private rights of action to enforce the
provisions of this statute are explicitly barred. -Subdivision 7
contains miscellaneous provisions including a preemption clause and a
severability clause.

-Section 3 of the bill is the effective date.

 
JUSTIFICATION:

This legislation is necessary to ensure due process and access to
justice for immigrant New Yorkers for three main reasons: * Immigrants
face potentially severe consequences in immigration proceedings, includ-
ing removal and family separation; ** Immigrant New Yorkers face signif-
icant challenges in accessing counsel in immigration court proceedings;
and *** Immigrants with access to counsel fare dramatically better in
immigration court proceedings.  Each reason is discussed in detail
below. Federal law does not provide a guaranteed right to counsel in
immigration proceedings.(1) In certain removal proceedings, whether an
immigrant is allowed to remain in the United States, or instead forced
to return to her country of origin, is a matter, of life and death. In
other cases, an immigrant in immigration proceedings may face the loss
of home, family, or community. For some immigrants, this loss may be
especially draconian, as the United States may have been the only home
they have ever known, and losing this home means being separated from
their families and communities and deported to a country that they do
not know or recognize.

Immigrants can be detained indefinitely in prison-type settings under
civil, administrative authority only, without the constitutional
protections available in the criminal context. Immigration court
proceedings directly affect the liberty interests of these detained
immigrants, and their success in these proceedings could mean the
difference between freedom or continued imprisonment.  In immigration
proceedings, the government is always represented by a trained attorney,
but many indigent immigrants have no choice but to defend their cases
alone. New and ever-changing administrative policies compound the diffi-
culties indigent immigrants face in navigating a complex legal system
with which they are not familiar.  Increasing access to representation
is thus imperative to ensure due process and access to justice.

Because immigration is primarily an area of federal law, and given the
critical interests involved, both the New York State Bar Association and
the American Bar Association have called for the creation of a federally
funded system of appointed counsel for indigent immigrants in immi-
gration court proceedings. However, until such a federally funded system
is established, both Associations have noted that states must act to
protect the rights of immigrants.

New York is home to more than 4.5 million immigrants, (2) all of whom
could potentially face immigration court proceedings. It is estimated
that nearly 1 million of those immigrants lack lawful status(3) and are
thus particularly vulnerable to immigration enforcement. Many others are
ineligible to become United States citizens and are at risk of removal
from the United States.

Despite the critical interests at risk in such proceedings, immigrant
New Yorkers face numerous challenges in their access to counsel, includ-
ing geographic distances, political fears, financial considerations,
long waiting lists, and language barriers.(4) Indigent immigrant New
Yorkers cannot afford an attorney to defend them in immigration court
proceedings, and they often cannot obtain low-cost or pro bono legal
counsel either due to a lack of funding, or restrictive funding, a lack
of such providers in many areas of New York, or other barriers. The
legal service providers that exist to serve these vulnerable populations
are understaffed and overburdened, located far from the vulnerable popu-
lations, or lack the necessary resources to help non-English-speaking
immigrants. Immigrants wishing to appeal negative immigration court
decisions face even greater challenges in accessing counsel. Only 58% of
nonprofits even handle appeals of immigration court cases,(5) and the
burden on them to do so is tremendous, given the current challenges of
adequate funding and staffing.

This legislation would help ensure appropriate funding for immigration
legal services and remove these common barriers so that immigrant New
Yorkers can access counsel, regardless of their income, language, or
geographic location.

Access to counsel is inexorably linked to access to justice in immi-
gration court. Having legal representation is one of the most important
variables in obtaining a successful outcome.(6) A study by the American
Immigration Council, which analyzed data on case outcomes obtained from
the Department of Justice Executive Office for Immigration Review,
demonstrated that having an attorney made it more likely for an immi-
grant to:

-Be released from custody: 44% of represented immigrants were given a
custody hearing, compared to 18% of unrepresented immigrants, and 44% of
represented immigrants were actually released from custody, compared to
11% of unrepresented immigrants;(7)


-Appear in immigration court: "Ninety percent of unrepresented immi-
grants with removal orders were removed in absentia versus only 29
percent of their represented counterparts with removal orders;"(8)

-Defend themselves against removal charges: 21% of represented detained
immigrants fought off removal either by filing successful applications
for relief or successfully challenging the proceedings in the first
instance, compared to 2% of unrepresented detained immigrants, and 60%
of never-detained represented immigrants did the same versus 17% of
never-detained unrepresented immigrants;(9) and Win their cases: Of
those that filed applications for relief from removal, 32% of detained
immigrants won their case, compared to 3% of unrepresented detained
immigrants, and 78% of never-detained represented immigrants won their
case versus 15% of never-detained unrepresented immigrants.(10)

The benefits of legal representation in immigration court proceedings
has become even more evident through the successes of the New York Immi-
grant Family Unity Project (NYIFUP), the pioneering public defender
model for detained immigrants that began in New York City in 2013.

The first round of assessment of NYIFUP shows that access to lawyers has
resulted in a 48% success rate for detained New Yorkers, compared to 4%
pre-NYIFUP.(11) This represents a 1,100% increase in a detained individ-
ual's chances of winning their cases before an immigration judge.(12)
The proven impact of legal representation on case outcomes makes it
imperative to provide access to counsel for immigrant New Yorkers facing
immigration proceedings, especially given the quasi-criminal and adver-
sarial nature of such proceedings. This is true despite additional
burdens that may be placed on legal services providers in New York
State. This legislation will help ensure that due process is served for
vulnerable immigrant New Yorkers and that the principles of fundamental
fairness are observed.

 
PRIOR LEGISLATIVE HISTORY:

S.7216 of 2020 (Holyman): Died in Local Government A.8736 of 2019-2020
(Galef): Died in Ways and Means

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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. * Immigrants Face Potentially Severe Conse-
quences in Immigration Proceedings, Including Removal and Family Sepa-
ration. ** Immigrant New Yorkers Face Significant Challenges in Access-
ing Counsel in Immigration Court Proceedings.  *** Immigrants with
Access to Counsel Fare Dramatically Better in Immigration Court
Proceedings.
(1) John R. Mills, Kristen M. Echemendia & Stephen Yale-Loehr, "Death is
Different" and a Refugee's Right to Counsel, 42 CORNELL INT'L L.J.  361,
366-67 (2009)
(2) Immigrants and the Economy in New York, New Am. Econ.,
https://www.newamericaneconomy.org/locations/new-york/
(last visited 1444 29, 2019).
(3) Profile of Unauthorized Population: New York, Migration Pol'y Inst.,
https://www.migrationpolicy.org/data/unauthorized-immigrant-population
/state/NY (last visited Mar. 23, 2019)
(4) See N.Y Immigration Coalition & Immigration Advocates Response
Collaborative, No Safe Harbor: Challenges in Obtaining Immigration Legal
Services in New York State 6 (2018 Update), www.nyic.org/nosafeharbor.
(5)Id. at 6.
(6) Stacy Caplow, Peter L. Markowitz, et al., Accessing Justice: The
Availablity and Adequacy of Counsel in Removal Proceedings New York
immigrant Representation Study Report: Part 1, 33 Cardozo L. Rev357, 363
(Dec. 2011)
(7) Ingrid Eagly & Steven Shafer, Am. Immigration Council, Access to
Counsel in Immigration Court 17 (2016),
https://www.americanimmigrationcouncil.org/sites/default/files/
research/accesstocounselinimmigration_court.pdf.
(8)Id.at18. (9)Id.at19. (10)Id.at20
(11) Jennifer Stave et al., Vera Inst. of Justice, Evaluation of the New
York Immigrant Family Unity Project: Assessing the Impact of Legal
Representation on Family and Community Unity 5-6 (Nov. 2017),
https://storage.googleapis.com/vera-web-assets/downloads/Publications/
new-york-immigrant-family-unity-project-evaluation/legacy_downloads/
newyork-immigrant-family-unity-project-evaluation.pdf.
(12) Id. at 6.

2021-S81B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   81--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, BAILEY, BIAGGI, BRISPORT, BROUK, CLEARE,
   COONEY, GIANARIS,  HARCKHAM,  JACKSON,  KAPLAN,  KAVANAGH,  LIU,  MAY,
   MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SEPULVEDA, STAVISKY --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee  on  Finance  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Finance in accordance with Senate Rule
   6, sec. 8 -- 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.
                                                            LBD02529-04-2

 S. 81--B                            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
 S. 81--B                            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;
 S. 81--B                            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;
 S. 81--B                            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;
 S. 81--B                            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.
 S. 81--B                            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
 S. 81--B                            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.

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Senate Bill S81B

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Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

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2021-S81 - Details

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2021-S81 - Bill Text download pdf

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2021-S81A - Details

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2021-S81B (ACTIVE) - Details

2021-S81B (ACTIVE) - Summary

2021-S81B (ACTIVE) - Sponsor Memo

2021-S81B (ACTIVE) - Bill Text download pdf

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