2023 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.