New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VII - Real Property Acquisition
Part 410 - Payment Of Costs For Prosecution Of Inmates
Section 410.3 - Reimbursable expenses
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 410.3
Current through Register Vol. 46, No. 12, March 20, 2024
(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.
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