NY Exec L § 623 (2021)
2021 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,  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.