N.Y. Comp. Codes R. & Regs. tit. 7 § 410.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 410.3 - Reimbursable expenses

(a) Counties will be reimbursed for reasonable expenses which are associated with the prosecution and defense of :

(1) State inmates alleged to have committed crimes while incarcerated; or

(2) inmate-patients committed from a department institution to the custody of the Office of Mental Health for care and treatment pursuant to the provisions of article sixteen of the correction law alleged to have committed crimes while hospitalized in the Central New York Psychiatric Center while the underlying determinate or indeterminate sentence of imprisonment was still running, provided however, that the written notification required by section 410.1(c) of this part was first sent to the commissioner of the department by the Oneida County district attorney.

(b) Reimbursable expenses shall include those for:

(1) reasonable expenses of a grand jury impaneled to hear and examine evidence of the offense;

(2) the per diem fees of petit jurors;

(3) reasonable expenses of witnesses, the expense of which was paid for by the county;

(4) the assignment of counsel in accordance with the provisions of the County Law to an inmate financially unable to obtain counsel, as set forth in subdivision (c) of this section;

(5) the appointment of and expenses for special counsel for such prosecution and/or defense, as approved by a court of competent jurisdiction;

(6) the appointment of additional court attendants, officials or other judicial personnel;

(7) services of the district attorney or other prosecutor for time spent on inmate prosecutions, as set forth in subdivision (d) of this section;

(8) the salary, prorated on an hourly basis of sheriff department's personnel, or other officers or attendants assigned to perform courtroom duties, for time spent on inmate prosecution;

(9) reasonable costs of a sheriff in connection with providing custody during the pendency of a prosecution;

(10) reasonable secretarial salaries prorated on a hourly basis, for time spent on inmate prosecution and defense;

(11) reasonable expenses and compensation of defender investigators, in conformance with County Law, article 18-b;

(12) reasonable expenses and compensation of prosecution investigators;

(13) presentence investigation report expenses;

(14) expert witnesses and/or other reasonable expert services;

(15) stenographic or other reasonable transcription expenses;

(16) court ordered psychiatric evaluations;

(17) expenses incurred in the appeal of such inmate prosecutions; and

(18) such other reasonable expenses as may be necessary to effective prosecution and/or defense of the inmate.

(c) Defense counsel compensation.

(1) Where the claim for reimbursement covers an assigned counsel's expenses, other than an assigned public defender or legal aid attorney, the reimbursable hourly compensation rate shall be as provided for in section 722-b of the County Law.

(2) Where the claim for reimbursement covers the expenses for a county funded public defender or legal aid attorney, the county in consultation with the defender's office shall choose to be reimbursed, based on either:

(i) the attorney's and secretary's salaries, prorated on an hourly basis, based upon the attorney's and secretary's annual salary; or

(ii) in accordance with the rate schedule provided for in County Law, article 18-b, which shall be deemed to include all expenses of such law office personnel.

(d) District attorney salary expenses. In the case of a district attorney or special prosecutor, the county shall choose to be reimbursed, based on either:

(1) the attorney and secretary's hourly rate of pay, prorated based on the individual's annual salary; or

(2) in accordance with the rate schedule provided for in County Law, article 18-b, which shall be deemed to include all expenses of such legal officer.

(e) Other reasonable expenses. Claims for reimbursement of other reasonable expenses shall be reviewed on a case-by-case basis.

(f) Fringe benefits. In any case, where the county is entitled to reimbursement for actual salary expenses, the county shall also be entitled to reimbursement for prorated fringe benefit expenses that are mandated by New York State or Federal law or regulations. Such fringe benefits include, but are not limited to the employer's retirement, social security and workers' compensation contributions.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 410.3

Amended New York State Register August 16, 2017/Volume XXXIX, Issue 33, eff. 8/16/2017