2012 New York Consolidated Laws
EXC - Executive
Article 20 - (550 - 562) PROTECTION OF PEOPLE WITH SPECIAL NEEDS
552 - Organization of the justice center.

 
    * §  552.  Organization  of  the justice center. 1. The justice center
  shall house the vulnerable persons' central register created in  section
  four hundred ninety-two of the social services law and shall perform all
  of  the  necessary  functions  related  to the receipt and acceptance of
  reports of allegations  of  reportable  incidents  involving  vulnerable
  persons,  the  investigation  of such accepted reports and the review of
  substantiated findings of abuse or neglect, as  defined  in  subdivision
  eleven  of section four hundred eighty-eight of the social services law,
  including conducting any disciplinary proceedings  for  state  employees
  resulting  from such substantiated findings (for state entities bound by
  collective bargaining,  the  disciplinary  process  established  through
  collective  bargaining  shall  govern). The justice center shall contain
  two separate units, headed by two distinct deputies, one responsible for
  the prosecution of criminal  matters  and  one  for  the  resolution  of
  non-criminal matters. If, during an investigation, what appeared to be a
  non-criminal  matter  warrants  consideration  for criminal charges, the
  matter shall be promptly referred  to  the  criminal  unit.  Information
  collected  during  such  investigations  may only be shared between such
  units in accordance with state and  federal  constitutional  protections
  and  laws  and  the  secrecy provisions contained in article one hundred
  ninety of the criminal procedure law, unless so ordered by a court in  a
  pending proceeding.
    2.  (a)  The justice center also shall employ a special prosecutor and
  inspector general for  the  protection  of  people  with  special  needs
  ("special  prosecutor"),  who  shall be appointed by the governor. Other
  state agencies shall be required to make facilities available for office
  space throughout the state and to assist when requested with respect  to
  the  duties  of  the office. Pursuant to the provisions of this section,
  such  special  prosecutor  shall  have  the  duty  and  power:  (i)   to
  investigate  and  prosecute  offenses  involving  abuse  or  neglect, as
  defined in subdivision eleven of section four  hundred  eighty-eight  of
  the  social  services  law,  committed  against  vulnerable  persons  by
  custodians as  defined  in  subdivision  two  of  section  four  hundred
  eighty-eight  of the social services law; and (ii) to cooperate with and
  assist district attorneys and other local law enforcement  officials  in
  their  efforts  against  such  abuse  or  neglect of vulnerable persons.
  Provided that  nothing  herein  shall  interfere  with  the  ability  of
  district  attorneys  at  any time to receive complaints, investigate and
  prosecute any suspected abuse or neglect or for any persons,  whether  a
  mandated  reporter  or not, to report a complaint to a district attorney
  or other appropriate law enforcement official.  The  special  prosecutor
  may  request  and  shall receive, from any agency, department, division,
  board, bureau or commission of the state, or any  political  subdivision
  thereof,  cooperation  and  assistance  in the performance of his or her
  duties, and may provide technical and other assistance to  any  district
  attorney  or  law  enforcement  official  requesting  assistance  in the
  investigation or prosecution of abuse or neglect of vulnerable persons.
    (b) The special prosecutor is empowered to apply for  search  warrants
  pursuant  to  article  six hundred ninety of the criminal procedure law,
  and, except in exigent circumstances, shall give  prior  notice  of  the
  application  to  the  district  attorney  of  the county in which such a
  warrant is to be executed, and in such exigent circumstances shall  give
  such notice as soon thereafter as is practicable; provided, however that
  the failure to give notice of a search warrant application to a district
  attorney  shall  not  be  a  ground  to  suppress the evidence seized in
  executing the warrant. He or she may designate an assistant to  exercise
  any of such powers.

    (c)  The special prosecutor or one of his or her assistants may, after
  consultation with the district attorney as to the time and place of such
  attendance or appearance, attend in person any term of the county  court
  or   supreme   court   having  appropriate  jurisdiction,  including  an
  extraordinary  special  or  trial  term of the supreme court when one is
  appointed pursuant to section one hundred forty-nine  of  the  judiciary
  law,  or  appear  before  the  grand  jury  thereof,  for the purpose of
  managing and conducting in such court or before  such  jury  a  criminal
  action  or  proceeding  concerned  with  an  offense  where  any conduct
  constituting or requisite to the completion of or in  any  other  manner
  related  to  such  offense involved the abuse or neglect of a vulnerable
  person, as  defined  in  subdivision  eleven  of  section  four  hundred
  eighty-eight  of  the  social  services  law. In such case, such special
  prosecutor or his or her assistant so attending  may  exercise  all  the
  powers  and  perform  all  the  duties  in  respect  of  such actions or
  proceedings which the district attorney would otherwise be authorized or
  required to exercise or perform.
    * NB Effective June 30, 2013