2023 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, 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.