§ 98-b. Indigent legal services fund. 1. There is hereby established
in the joint custody of the comptroller and the commissioner of taxation
and finance a special fund to be known as the indigent legal services
fund.

2. Such fund shall consist of all moneys appropriated for the purpose
of such fund, all other moneys required to be paid into or credited to
such fund, and all moneys received by the fund or donated to it.

(a) The purpose of such fund shall be to (i) assist counties and, in
the case of a county wholly contained within a city, such city, in
providing legal representation for persons who are financially unable to
afford counsel pursuant to article eighteen-B of the county law; (ii)
assist the state, in improving the quality of public defense services
and funding representation provided by assigned counsel paid in
accordance with section thirty-five of the judiciary law; and (iii)
provide support for the operations, duties, responsibilities and
expenses of the office of indigent legal services and the indigent legal
services board established, respectively, pursuant to sections eight
hundred thirty-two and eight hundred thirty-three of the executive law.

(b) State funds received by a county or city from such fund shall be
used to supplement and not supplant any local funds which such county or
city would otherwise have had to expend for the provision of counsel and
expert, investigative and other services pursuant to article eighteen-B
of the county law. All such state funds received by a county or city
shall be used to improve the quality of services provided pursuant to
article eighteen-B of the county law. Nothing in this paragraph shall
preclude a county from decreasing local funds as long as the county
demonstrates to the office of indigent legal services established by
section eight hundred thirty-two of the executive law that the quality
of services has been maintained or enhanced notwithstanding the use of
state funds.

(c) As used in this section, "local funds" shall mean all funds
appropriated or allocated by a county or, in the case of a county wholly
contained within a city, such city, for services and expenses in
accordance with article eighteen-B of the county law, other than funds
received from: (i) the federal government or the state; or (ii) a
private source, where such city or county does not have authority or
control over the payment of such funds by such private source.

3. Amounts distributed from such fund shall be limited to amounts
appropriated therefor and shall be distributed as follows:

(a) The office of court administration may expend a portion of the
funds available in such fund to provide assigned counsel paid in
accordance with section thirty-five of the judiciary law, up to an
annual sum of twenty-five million dollars.

(b) An annual amount of forty million dollars shall be made available
to the city of New York from such fund for the provision of services
pursuant to article eighteen-B of the county law; provided that the city
of New York shall continue to provide at minimum the aggregate amount of
funding for public defense services including, but not limited to, the
amount of funding for contractors of public defense services and
individual defense attorneys, that it provided, pursuant to article
eighteen-B of the county law during its two thousand nine--two thousand
ten fiscal year.

(c) Within the first fifteen days of March two thousand eleven, each
county other than a county wholly contained within the city of New York,
shall receive ninety percent of the amount paid to such county in March
two thousand ten. Within the first fifteen days of March two thousand
twelve, each county other than a county wholly contained within the city
of New York shall receive seventy-five percent of the amount paid to
such county in March two thousand ten. Within the first fifteen days of
March two thousand thirteen, each county other than a county wholly
contained within the city of New York shall receive fifty percent of the
amount paid to such county in March two thousand ten. Within the first
fifteen days of March two thousand fourteen, each county other than a
county wholly contained within the city of New York shall receive
twenty-five percent of the amount paid to such county in March two
thousand ten. For all state fiscal years following the two thousand
thirteen--two thousand fourteen fiscal year, there shall be no required
annual payments pursuant to this paragraph. Notwithstanding the
provisions of this paragraph, for each of the four required payments
made to counties within the first fifteen days of March two thousand
eleven, two thousand twelve, two thousand thirteen and two thousand
fourteen, Hamilton and Orleans counties shall receive such percentage
payments based on the amounts that each county would have received in
March two thousand ten had it satisfied the maintenance of effort
requirement set forth in paragraph (c) of subdivision four of this
section in effect on such date.

(d) Remaining amounts within such fund, after accounting for annual
payments required in paragraphs (a), (b) and (c) of this subdivision and
subparagraph (iii) of paragraph (a) of subdivision two of this section
shall be distributed in accordance with sections eight hundred
thirty-two and eight hundred thirty-three of the executive law.