NY State Senate Bill 2023-S999A

Senate Bill S999A

2023-2024 Legislative Session

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

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Current 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
Jan 03, 2024	referred to finance
Apr 20, 2023	print number 999a
Apr 20, 2023	amend and recommit to finance
Jan 09, 2023	referred to finance

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A (Active)

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2023-S999 - Details

See Assembly Version of this Bill:: A170
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
2021-2022: S81, A1961

2023-S999 - Summary

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

2023-S999 - Sponsor Memo

                                 
BILL NUMBER: S999

SPONSOR: HOYLMAN-SIGAL
 
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 effec-
tuate 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.81-B of 2021-2022 (Hoylman): Died in Finance

A.1961-A of 2021-2022 (Cruz): Died in Codes

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/ nosafe-
harbor.
(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/filesi
research/ accesstocounselinimmigration_court.pdf.
(8)Id.at18. (9)Id.atl9. (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.

2023-S999 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    999
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, GIANARIS, GOUNARDES, HARCKHAM, JACKSON,  KAVANAGH,  LIU,  MAY,
   MYRIE,  PARKER,  PERSAUD,  RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO,
   STAVISKY, THOMAS -- 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  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;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01980-01-3

 S. 999                              2
 
 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
 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-
 S. 999                              3
 
 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;
   (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
 S. 999                              4
 
 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-TWO, AND SHALL PROMULGATE SUCH RULES,
 POLICIES,  AND  PROCEDURES  NECESSARY AND APPROPRIATE TO ACCOMPLISH SUCH
 IMPLEMENTATION NO LATER THAN JANUARY  FIRST,  TWO  THOUSAND  TWENTY-SIX.
 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-TWO.
 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;
   (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
 S. 999                              5
 
   (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;
   (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
 S. 999                              6
 
 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-SEVEN, 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-SEVEN, 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.
   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;
 S. 999                              7
 
   (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-SIX AND
 EXPIRING ON DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-EIGHT.  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
 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-SIX, 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
 S. 999                              8
 
 ASSEMBLY,  AND THE TEMPORARY PRESIDENT OF THE SENATE UNDER PARAGRAPH (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.

co-Sponsors

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2023-S999A (ACTIVE) - Details

See Assembly Version of this Bill:: A170
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
2021-2022: S81, A1961

2023-S999A (ACTIVE) - Summary

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

2023-S999A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S999A

SPONSOR: HOYLMAN-SIGAL
 
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
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 Ameri-
can 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.81-B of 2021-2022 (Hoylman): Died in Finance

A.1961-A of 2021-2022 (Cruz): Died in Codes

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.

2023-S999A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  999--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BAILEY, BRESLIN, BRISPORT, BROUK,
   CLEARE, COMRIE,  COONEY,  FERNANDEZ,  GIANARIS,  GONZALEZ,  GOUNARDES,
   HARCKHAM,  JACKSON, KAVANAGH, LIU, MAY, MAYER, MYRIE, PARKER, PERSAUD,
   RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, STAVISKY, THOMAS, WEBB  --
   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  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;
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01980-04-3

 S. 999--A                           2
 
 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
 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).
 S. 999--A                           3
 
   (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;
   (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;
 S. 999--A                           4
 
   (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 OF THE SIXTH YEAR FOLLOWING THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  AND  SHALL  PROMULGATE  SUCH  RULES,  POLICIES, AND PROCEDURES
 NECESSARY AND APPROPRIATE TO ACCOMPLISH  SUCH  IMPLEMENTATION  NO  LATER
 THAN  JANUARY  FIRST  OF  THE FIRST YEAR FOLLOWING THE EFFECTIVE DATE OF
 THIS SECTION. 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 OF  THE
 SIXTH  YEAR  FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.  THE ADMINIS-
 TRATOR 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. 999--A                           5
 
   (II)  THE  SALARIES AND OTHER COMPENSATION PAID TO INDIVIDUAL ADMINIS-
 TRATORS, ATTORNEYS, AND STAFF IN CONNECTION WITH THE PROVISION  OF  SUCH
 SERVICES;
   (III)  THE  CASELOADS  OF  LEGAL  SERVICES  PROVIDERS  PROVIDING LEGAL
 SERVICES IN CONNECTION WITH THE PROVISION OF SUCH SERVICES;
   (IV) THE TYPES, NATURE, AND TIMING OF DISPOSITIONS OF CASES HANDLED BY
 LEGAL SERVICES PROVIDERS PROVIDING LEGAL SERVICES;
   (V) THE ACTUAL EXPENDITURES CURRENTLY BEING MADE  IN  CONNECTION  WITH
 THE PROVISION OF LEGAL SERVICES; AND
   (VI)  THE  TIME, FUNDS, AND IN-KIND RESOURCES CURRENTLY BEING SPENT ON
 PROVIDING SUCH LEGAL SERVICES AND THE AMOUNT BEING  SPENT  ON  ANCILLARY
 SERVICES SUCH AS SUPPORT STAFF AND EXPERT WITNESSES;
   (E)  ANALYZE  AND EVALUATE COLLECTED DATA, AND UNDERTAKE ANY NECESSARY
 RESEARCH AND STUDIES, IN ORDER TO CONSIDER  AND  RECOMMEND  MEASURES  TO
 ENHANCE  THE  PROVISION  OF  EFFECTIVE LEGAL SERVICES AND TO ENSURE THAT
 RECIPIENTS OF LEGAL SERVICES ARE PROVIDED  WITH  QUALITY  REPRESENTATION
 FROM  FISCALLY  RESPONSIBLE  PROVIDERS,  WHICH  SHALL INCLUDE BUT NOT BE
 LIMITED TO STANDARDS, CRITERIA, AND A PROCESS FOR QUALIFYING AND RE-QUA-
 LIFYING LEGAL SERVICES PROVIDERS TO PROVIDE LEGAL SERVICES;
   (F) ESTABLISH MEASURES OF PERFORMANCE WHICH PROGRAMS  SHALL  REGULARLY
 REPORT  TO  THE  ADMINISTRATOR TO ASSIST THE ADMINISTRATOR IN MONITORING
 THE QUALITY OF LEGAL SERVICES;
   (G) ESTABLISH THE STANDARDS AND CRITERIA USED IN PROGRAMS TO DETERMINE
 WHETHER INDIVIDUAL LEGAL SERVICES PROVIDERS  ARE  QUALIFIED  TO  PROVIDE
 LEGAL SERVICES;
   (H)  ESTABLISH THE CRITERIA AND PROCEDURES USED TO DETERMINE WHETHER A
 PERSON IS ELIGIBLE TO RECEIVE  LEGAL  SERVICES,  INCLUDING  REQUIREMENTS
 RELATED  TO  INCOME  AND  DOMICILE,  AND  TO TRACK THE NUMBER OF PERSONS
 CONSIDERED FOR AND APPLICANTS DENIED SUCH SERVICES, THE REASONS FOR  THE
 DENIALS, AND THE RESULTS OF ANY REVIEW OF SUCH DENIALS;
   (I)  ESTABLISH  STANDARDS  AND  CRITERIA  FOR  THE  PROVISION OF LEGAL
 SERVICES IN CASES INVOLVING A CONFLICT OF INTEREST;
   (J) DEVELOP RECOMMENDATIONS TO IMPROVE THE DELIVERY OF LEGAL SERVICES;
   (K) TARGET GRANTS AND ESTABLISH STRATEGIC PROGRAMS IN SUPPORT OF INNO-
 VATIVE AND COST-EFFECTIVE SOLUTIONS THAT ENHANCE THE  PROVISION  OF  AND
 CAPACITY  FOR  LEGAL SERVICES, INCLUDING, BUT NOT LIMITED TO, A CAPACITY
 BUILDING PIPELINE TO BRING NEW ATTORNEYS INTO THE  FIELD  AND  INCLUDING
 COLLABORATIVE EFFORTS SERVING MULTIPLE JURISDICTIONS WHERE COVERED INDI-
 VIDUALS AND COVERED PROCEEDINGS ARE LOCATED;
   (L) INVESTIGATE AND MONITOR ANY OTHER MATTER RELEVANT TO THE PROVISION
 OF LEGAL SERVICES WHICH THE ADMINISTRATOR DEEMS IMPORTANT;
   (M)  REQUEST AND RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION, OR OTHER AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION OF
 THE STATE OR ANY PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION, AND DATA
 AS WILL ENABLE THE ADMINISTRATOR TO PROPERLY CARRY  OUT  ITS  FUNCTIONS,
 POWERS, AND DUTIES, SUBJECT TO LIMITATIONS ON THE DISCLOSURE OF INFORMA-
 TION PROVIDED ON A PRIVILEGED BASIS TO LEGAL SERVICES PROVIDERS, AS WELL
 AS  LIMITATIONS  ON  THE  DISCLOSURE  OF  INFORMATION  BY LEGAL SERVICES
 PROVIDERS UNDER THE NEW YORK RULES OF PROFESSIONAL CONDUCT;
   (N) APPLY FOR AND ACCEPT ANY GRANT OR  OTHER  SOURCE  OF  FUNDING  FOR
 PURPOSES  OF  CARRYING OUT THE REQUIREMENTS OF THIS SECTION. ANY SUMS SO
 RECEIVED MAY BE EXPENDED BY THE ADMINISTRATOR TO EFFECTUATE THE FULFILL-
 MENT OF ANY SUCH  REQUIREMENT,  SUBJECT  TO  ANY  RELEVANT  REQUIREMENTS
 RELATED  TO  THE  APPROVAL  OF  EXPENDITURE  OF FUNDS AND AUDITS OF SUCH
 EXPENDITURES;
 S. 999--A                           6

   (O) DEVELOP, PUBLISH, AND IMPLEMENT A WRITTEN  PLAN  THAT  ESTABLISHES
 NUMERICAL  CASELOAD/WORKLOAD STANDARDS FOR ALL LEGAL SERVICES PROVIDERS,
 WITH SUCH PLAN TO BE COMPLETED AND PUBLISHED WITHIN ONE  HUNDRED  TWENTY
 DAYS  AFTER THE EFFECTIVE DATE OF THIS SECTION, AND TO MONITOR AND PERI-
 ODICALLY 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  ON  SEPTEMBER  FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, AND BY SEPTEMBER FIFTEENTH OF EACH YEAR  THEREAFT-
 ER,  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  ON  SEPTEMBER  FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, 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. 999--A                           7
 
   5. ADVISORY COMMITTEE. (A) THERE SHALL BE AN ADVISORY COMMITTEE  WHICH
 SHALL   WORK,  IN  COLLABORATION  WITH  THE  ADMINISTRATOR,  TO  DEVELOP
 PROGRAMS, POLICIES, TRAINING, AND PROCEDURES NECESSARY TO EFFECTUATE THE
 REQUIREMENTS OF THIS SECTION.  THE ADMINISTRATOR SHALL COLLABORATE  WITH
 THE ADVISORY COMMITTEE ON MATTERS INCLUDING, BUT NOT LIMITED TO:
   (I) THE RATES OF COMPENSATION FOR LEGAL SERVICES;
   (II) COMMUNITY ENGAGEMENT EFFORTS;
   (III)  THE  SUFFICIENCY OF ACCESS TO AND THE QUALITY OF LEGAL SERVICES
 PROVIDED TO COVERED INDIVIDUALS IN COVERED VENUES;
   (IV) THE SUFFICIENCY OF SPACE AVAILABLE FOR  DESIGNATED  PROVIDERS  IN
 COVERED VENUES;
   (V)  ENSURING INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY HAVE ACCESS
 TO APPROPRIATE TRANSLATION SERVICES; AND
   (VI) OTHER EFFORTS BY  OTHER  STATES  TO  SUPPORT  INDIVIDUALS  FACING
 DEPORTATION.
   (B)  THE  ADVISORY  COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS.  THE
 GOVERNOR SHALL APPOINT FIVE MEMBERS OFFERING SERVICES TO INDIVIDUALS  IN
 COVERED  PROCEEDINGS,  REPRESENTING THE GEOGRAPHIC REGIONS WHERE COVERED
 INDIVIDUALS AND COVERED VENUES ARE LOCATED.  THE  GOVERNOR'S  APPOINTEES
 SHALL  FURTHER CONSIST OF NO MORE THAN ONE REPRESENTATIVE OF THE PRIVATE
 BAR AND FOUR REPRESENTATIVES OF LEGAL SERVICES PROVIDERS  AND  REPRESEN-
 TATIVES  OF  COMMUNITY-BASED  ORGANIZATIONS OFFERING SERVICES TO COVERED
 INDIVIDUALS.  THE SPEAKER OF THE ASSEMBLY AND TEMPORARY PRESIDENT OF THE
 SENATE SHALL APPOINT TWO MEMBERS EACH. THE ADMINISTRATOR SHALL SERVE  EX
 OFFICIO.  THE  GOVERNOR  SHALL DESIGNATE ONE MEMBER TO SERVE AS CHAIR OF
 THE ADVISORY COMMITTEE.
   (C) EACH MEMBER, OTHER THAN THE MEMBER SERVING IN AN EX OFFICIO CAPAC-
 ITY, SHALL SERVE FOR A TERM OF TWO YEARS, WITH INITIAL  TERMS  FOR  EACH
 COMMITTEE  SEAT  COMMENCING NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
 SECTION.  INITIAL APPOINTMENTS UNDER THIS SUBDIVISION MUST BE MADE WITH-
 IN SIXTY DAYS OF THE EFFECTIVE DATE OF  THIS  SECTION.    ANY  VACANCIES
 SHALL BE FILLED PROMPTLY AND IN THE SAME MANNER AS THE ORIGINAL APPOINT-
 MENT,  AND  THE APPOINTEE FILLING SUCH VACANCY SHALL SERVE FOR THE UNEX-
 PIRED 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 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 NINETY DAYS OF THE EFFEC-
 TIVE DATE OF 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
 S. 999--A                           8
 
 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  ON  SEPTEMBER  FIFTEENTH, ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, THE ADVISORY  COMMITTEE  SHALL  PRODUCE  A  REPORT
 CONCERNING ITS DUTIES PURSUANT TO THIS SECTION AND ANY RELATED RECOMMEN-
 DATIONS,  AND  SUCH  REPORT SHALL BE INCLUDED IN THE REPORT SUBMITTED BY
 THE ADMINISTRATOR TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE UNDER PARAGRAPH (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 S999A

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2023-S999 - Details

2023-S999 - Summary

2023-S999 - Sponsor Memo

2023-S999 - Bill Text download pdf

co-Sponsors

2023-S999A (ACTIVE) - Details

2023-S999A (ACTIVE) - Summary

2023-S999A (ACTIVE) - Sponsor Memo

2023-S999A (ACTIVE) - Bill Text download pdf

Comments