In 2003, State Finance Law Section 98-b created the Indigent Legal Services Fund, under the joint custody of the Office of State Comptroller and the Commissioner of Tax and Finance. Section 98-b also specified that the primary purpose of the Fund is to assist counties to provide legal representation for persons unable to afford it.
Prior to 2010, money from the Indigent Legal Services Fund was distributed annually to the counties by the Office of State Comptroller, according to a formula based on net local expenditures and maintenance of effort, giving each county a relatively nondiscretionary and unchanging level of support from year to year. In 2010, the Office and Board of Indigent Legal Services were created by Executive Law Sections 832 and 833. The Office and Board replaced the Office of State Comptroller as the entities responsible for making distributions to each county to support its indigent representation capability. The Office and Board are empowered to establish criteria for the distribution of these funds, to ensure that they are used to improve the quality of indigent legal services.
In addition, the 2010 legislative changes to State Finance Law Section 98-B(3)(c) altered the nondiscretionary dollar amounts which each county would receive from the Indigent Legal Services Fund. Under the new schedule, counties would receive an annually declining percentage of their nondiscretionary 2010 support level: 90% in 2011, 75% in 2012, 50% in 2013, 25% in 2014 and 0% in 2015 and thereafter. Money remaining within the Fund following these nondiscretionary payments would be distributed by the ILS in accordance with the provisions of Executive Law Sections 832 and 833. For 2011, 2012 and 2013 (twice), counties were invited to submit proposals to ILS, indicating specific ways in which they could improve the availability and quality of indigent legal representation, together with an estimated dollar amount and implementation plan. Approval of these proposals by ILS is required for additional disbursements to the counties from the Indigent Legal Services Fund. (Distributions #1, #2, #3, and #4).
Prior to 2010, money from the Indigent Legal Services Fund was distributed annually to the counties by the Office of State Comptroller, according to a formula based on net local expenditures and maintenance of effort, giving each county a relatively nondiscretionary and unchanging level of support from year to year. In 2010, the Office and Board of Indigent Legal Services were created by Executive Law Sections 832 and 833. The Office and Board replaced the Office of State Comptroller as the entities responsible for making distributions to each county to support its indigent representation capability. The Office and Board are empowered to establish criteria for the distribution of these funds, to ensure that they are used to improve the quality of indigent legal services.
In addition, the 2010 legislative changes to State Finance Law Section 98-B(3)(c) altered the nondiscretionary dollar amounts which each county would receive from the Indigent Legal Services Fund. Under the new schedule, counties would receive an annually declining percentage of their nondiscretionary 2010 support level: 90% in 2011, 75% in 2012, 50% in 2013, 25% in 2014 and 0% in 2015 and thereafter. Money remaining within the Fund following these nondiscretionary payments would be distributed by the ILS in accordance with the provisions of Executive Law Sections 832 and 833. For 2011, 2012 and 2013 (twice), counties were invited to submit proposals to ILS, indicating specific ways in which they could improve the availability and quality of indigent legal representation, together with an estimated dollar amount and implementation plan. Approval of these proposals by ILS is required for additional disbursements to the counties from the Indigent Legal Services Fund. (Distributions #1, #2, #3, and #4).