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:

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.