Narrative of Resolution:
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TO DISTRIBUTE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FUNDING TO THE SULLIVAN LEGAL AID PANEL, INC. AND SULLIVAN COUNTY CONFLICT LEGAL AID, INC
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RESOLUTION NO. INTRODUCED BY THE MANAGEMENT AND BUDGET COMMITTEE TO DISTRIBUTE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES FUNDING TO THE SULLIVAN LEGAL AID PANEL, INC. AND SULLIVAN COUNTY CONFLICT LEGAL AID, INC
WHEREAS, the New York State Division of Criminal Justice Services (“DCJS”) has provided with County with funding under two programs; Aid to Defense Discovery Implementation in the amount of $180,985.00 (“Discovery Funding”); and Aid to Defense Supplemental in the amount of $179,129.00 (“Supplemental Funding”) for State fiscal year 2025-2026, aid monies to be spent in accordance with the parameters of each program by March 31, 2026 for a total of $360,114.00; and
WHEREAS, the County has determined that this funding should be shared with the institutional public defense providers based upon the share of criminal cases assigned to them or another reasonable and justifiable methodology that is based upon the need and capabilities of the providers; and
WHEREAS, the County contracts with the Sullivan Legal Aid Panel, Inc. (“Legal Aid Panel”) and the Sullivan County Conflict Legal Aid, Inc. (“Conflict Legal Aid”) to provide public defense in criminal matters in addition to the County run 18B Panel; and
WHEREAS, the County met with the aforementioned public defense providers and determined that the Discovery Funding should be split entirely between Legal Aid Panel and Conflict Legal Aid with 71% or a total of $128,499.35 to Legal Aid Panel and 29% or $52,485.65 to Conflict Legal Aid; and
WHEREAS, The County met with the aforementioned public defense providers and determined that with respect to the Supplemental Funding, the County Assigned Counsel Program would retain $53,000 and the remaining $126,129 would be split between Legal Aid Panel and Conflict Legal Aid with 71% or a total of $89,551.59 to Legal Aid Panel and 29% or $36,577.41 to Conflict Legal Aid.
NOW, THEREFORE BE IT RESOLVED, that the County Manager is hereby authorized to execute a modification agreement with the Legal Aid Panel to authorize distribution of the DCJS funding in the amount of $128,499.35 for Aid to Defense Discovery Implementation and $89,551.59 for Aid to Defense Supplemental funding, for a total of $218,050.94, said modification agreement to be in a form approved by the County Attorney; and
BE IT FURTHER RESOLVED, that the County Manager is hereby authorized to execute a modification agreement with the Conflict Legal Aid to authorize distribution of the DCJS funding in the amount of $52,485.65 for Aid to Defense Discovery Implementation and $36,577.41 for Aid to Defense Supplemental funding, for a total of $89,063.06, said modification agreement to be in a form approved by the County Attorney; and
BE IT FURTHER RESOLVED, that should the DCJS funding be terminated, the County shall not be obligated to continue any action undertaken by the use of this funding.