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This entry was published on 2024-02-09
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SECTION 623
Powers and duties of the office
Executive (EXC) CHAPTER 18, ARTICLE 22
§ 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, rules for the definition and
reasonable reimbursement of individual items of essential personal
property considered essential and necessary for the victim's welfare
pursuant to section six hundred thirty-one 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, but not limited to any periodic federal
grants which support the purposes of this article and any federal
emergency assistance grants to supplement the office's available
resources when responding to mass shootings as defined in subdivision
eleven of section eight hundred thirty-five of this chapter or any other
incident of terrorism or mass violence, any fines or penalties imposed
pursuant to section three hundred forty-one or three hundred forty-two-a
of the general business law and made payable to the office pursuant to
section three hundred forty-seven-a of such law, 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.