N.Y. Executive Law § 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.