2019 New York Laws
EXC - Executive
Article 20 - 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.
