Capital Defender Office
skip breadcrumbs| All amounts are in dollars |
| Category | Available 2007-08 |
Appropriations Recommended 2008-09 |
Change From 2007-08 |
Reappropriations Recommended 2008-09 |
|---|---|---|---|---|
| State Operations | 1,300,000 | 368,000 | -932,000 | 0 |
| Total | 1,300,000 | 368,000 | -932,000 | 0 |
| Full-Time Equivalent Positions (FTE) |
| Program | 2007-08 Estimated FTEs 03/31/08 |
2008-09 Estimated FTEs 03/31/09 |
FTE Change |
|---|---|---|---|
| Capital Defense | |||
| General Fund | 7 | 0 | -7 |
| Total | 7 | 0 | -7 |
Note: Most recent estimates as of 01/22/08.
Mission
Established simultaneously with the 1995 restoration of the death penalty, the Capital Defender Office is authorized to defend any indigent person charged with a capital crime. Under the 1995 death penalty legislation, persons convicted of first-degree murder could be sentenced to death by lethal injection, life imprisonment without parole, or 20 to 25 years in prison.
On June 24, 2004 the New York Court of Appeals determined that certain provisions of the death penalty statute were unconstitutional. The Court also directed that first degree murder charges could not proceed as capital cases absent a repair of the statute by the Legislature. As of the beginning of the 2008 session, the Legislature has not yet enacted a statute addressing the issues raised by the Court. Moreover, on October 23, 2007, in People v. Taylor, the Court of Appeals declined to overturn or modify its June 2004 decision. As a result of the People v. Taylor decision, the last man was moved off New York's death row.
Therefore, there remains no need for the continued operation of the Capital Defender Office. It is expected that the Office will close by July 2008.
Budget Highlights
The Executive Budget recommends $368,000 General Fund for the Capital Defender Office to maintain a minimal staff presence for a portion of the year and for costs associated with preparing to close the office during 2008-09. This is a decrease of $932,000 from the 2007-08 budget.
2008-09 Executive Budget — Agency Presentation
Capital Defender Office (PDF)