There is hereby created within the division a capital prosecution extraordinary assistance program to be administered by the commissioner, to distribute funds to district attorneys for the prosecution of capital cases. Such funds shall be distributed where the commissioner determines, on the basis of a written certification by the applicant district attorney, that due to the nature or number of capital cases being prosecuted by the district attorney a significant financial burden has resulted and financial assistance is necessary in order to fulfill such district attorney's responsibilities; provided, however, that such funds shall not be used to supplant existing resources. Such funds may also be distributed to a district attorney who, upon the request of another district attorney, has provided assistance in the prosecution of a capital case.
N.Y. Exec. Law § 837-L