N.Y. Executive Law 623 – Powers and duties of the office
§ 623. Powers and duties of the office. The office shall have the following powers and duties:
Terms Used In N.Y. Executive Law 623
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Oath: A promise to tell the truth.
- Personal property: All property that is not real property.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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 § 341-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 § 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.