2012 New York Consolidated Laws
EXC - Executive
Article 22 - (620 - 635) OFFICE OF VICTIM SERVICES
623 - Powers and duties of the office.

 
    § 623. Powers  and  duties  of  the  office. The office shall have the
  following powers and duties:
    1. To establish and maintain a principal office and such other offices
  within the state as it may deem necessary.
    2. To appoint a secretary, counsel, clerks and  such  other  employees
  and  agents  as it may deem necessary, fix their compensation within the
  limitations provided by law, and prescribe their duties.
    3.  To  adopt,  promulgate,  amend  and  rescind  suitable  rules  and
  regulations  to  carry  out the provisions and purposes of this article,
  including rules for the determination of claims, rules for the  approval
  of  attorneys'  fees  for representation before the office and/or before
  the appellate division upon judicial review as provided for  in  section
  six hundred twenty-nine of this article, and rules for the authorization
  of  qualified  persons  to assist claimants in the preparation of claims
  for presentation to the office.
    4. To request from the  division  of  state  police,  from  county  or
  municipal  police  departments  and agencies and from any other state or
  municipal department or agency, or public authority, and  the  same  are
  hereby  authorized  to  provide, such assistance and data as will enable
  the office to carry out its functions and duties.
    5. To hear and determine all claims for awards filed with  the  office
  pursuant  to  this  article,  and  to  reinvestigate  or reopen cases as
  necessary.
    6. To direct medical examination of victims.
    7. To hold hearings, administer oaths  or  affirmations,  examine  any
  person  under  oath  or affirmation and to issue subpoenas requiring the
  attendance  and  giving  of  testimony  of  witnesses  and  require  the
  production  of  any  books,  papers,  documentary or other evidence. The
  powers provided in this subdivision may be delegated by the director  to
  any  member  or  employee  of  the  office. A subpoena issued under this
  subdivision shall be regulated by the civil practice law and rules.
    8. To take or cause to be taken affidavits or  depositions  within  or
  without the state.
    9.  To establish and maintain a special investigative unit to expedite
  processing  of  claims  by  senior  citizens   and   special   emergency
  situations,  and  to promote the establishment of a volunteer program of
  home visitation to elderly and invalid victims of violent crime.
    10. To advise and assist the governor in developing policies  designed
  to  recognize  the  legitimate  rights,  needs  and  interests  of crime
  victims.
    11. To coordinate state programs  and  activities  relating  to  crime
  victims.
    12.  To  cooperate with and assist political subdivisions of the state
  and not-for-profit organizations in the development  of  local  programs
  for crime victims.
    13.  To  study  the  operation  of laws and procedures affecting crime
  victims and recommend to  the  governor  and  legislature  proposals  to
  improve the administration and effectiveness of such laws.
    14.  To  establish  an  advisory  council  to assist in formulation of
  policies on the problems of crime victims and to provide recommendations
  to the director to improve the delivery of services to  victims  by  the
  office.
    15. To work with national associations, statewide coalitions, regional
  coalitions, victim service providers, and other advocates to address and
  advance the rights and interests of crime victims of the state.
    16.   To   promote   and   conduct  studies,  research,  analyses  and
  investigations of matters affecting the interests of crime victims.

    17. To coordinate training opportunities for  crime  victim  advocates
  and service providers.
    18.  To  serve  as  a  clearinghouse for information relating to crime
  victims' problems and programs.
    19. To accept, with the approval of the  governor,  as  agent  of  the
  state,  any grant including federal grants, or any gift for the purposes
  of this article. Any monies so received may be expended by the office to
  effectuate any purpose  of  this  article,  subject  to  the  applicable
  provisions of the state finance law.
    20.  To render each year to the governor and to the legislature, on or
  before December first of each year, a written  report  on  the  office's
  activities  including,  but not limited to, specific information on each
  of the subdivisions of this section, and the manner in which the rights,
  needs and interests of crime victims are being addressed by the  state's
  criminal  justice  system.  Such  report  shall also include, but not be
  limited to:
    (a)  Information  transmitted  by  the   office   of   probation   and
  correctional  alternatives  under  subdivision five of section 390.30 of
  the criminal procedure law and subdivision seven of section 351.1 of the
  family court act  which  the  office  shall  compile,  review  and  make
  recommendations  on  how to promote the use of restitution and encourage
  its enforcement.
    (b) Information relating to the implementation of and compliance  with
  article  twenty-three  of  this chapter by the criminal justice agencies
  and the "crime victim-related agencies" of the state. Such report  shall
  also  include  but  not be limited to information regarding crime victim
  service programs, including:
    (1) the programs funded by the office;
    (2) other sources of funding for crime victims service programs;
    (3)  an  assessment  of  the  adequacy  of  the   current   level   of
  appropriation  to  the  office  to  meet  the  reasonable needs of crime
  victims  service  programs  for  funding  under  section   six   hundred
  thirty-one-a of this article; and
    (4) an estimate of the reasonable needs of programs in the next fiscal
  year.
    21.  To  make  grants to local crime victim service programs and carry
  out related duties  under  section  six  hundred  thirty-one-a  of  this
  article.
    22.  To  delegate  to  specified  employees of the office the power to
  disallow claims under circumstances  where  regulations  of  the  office
  provide for disallowance without prejudice to the reopening of claims.