18-b Assigned Counsel Rate Reimbursement

As part of the final enacted FY 2023-24 State Budget, County Law § 722-b was amended to increase the hourly rate paid to assigned counsel from $60 per hour for misdemeanors or lesser offenses and $75 per hour for all other types of assigned counsel matters (felonies, appeals, and Family Court matters) to $158 per hour for all types of matters under County Law Article 18-B. This rate increase is effective as of April 1, 2023.

The FY 2023-24 State Budget also provided $92 million to support State reimbursement to counties and New York City for 50% of eligible expenditures related to this rate increase, as follows:

• The funding is to be disbursed to counties and New York City upon submission to ILS of a Certification of eligible expenditures.

• Eligible expenditures are costs incurred on or after April 1, 2023 for 50% of assigned counsel rate increase.

• Such costs “must be submitted” to ILS “on a quarterly basis, and within 12 months of which the expenditures were incurred.”

To assist counties in claiming this State reimbursement, ILS developed a Certification Form for counties to complete and submit to ILS. Below please find a copy of the Certification Form, instructions for completing and submitting the certification to ILS, and an FAQ document that ILS will periodically update as we field questions from counties and providers of mandated representation.

Assigned Counsel Rate Increase Certification Form [pdf]
Instructions for Completing and Submitting the Certification Form [pdf]
FAQs (Updated 06/28/23) [pdf]