2018 New York Laws
EXC - Executive
Article 22 - 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, in consultation with the office for the aging, 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. 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 render biennially to the governor and the legislature a written report on the manner in which the rights, needs and interests of crime victims are being addressed by the state's criminal justice system to include, but not be limited to:
(a) Information transmitted by the state 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 board 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.
22. To make grants to local crime victim service programs and carry out related duties under section six hundred thirty-one-a of this article.
23. 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.
