Section 623. Powers and duties of the board  


Latest version.
  • The  board 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 approval of attorneys' fees  for  representation
      before  the  board  and/or  before  the appellate division upon judicial
      review as provided for  in  section  six  hundred  twenty-nine  of  this
      article,  and rules for the authorization of qualified persons to assist
      claimants in the preparation of claims for presentation to the board  or
      board members.
        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 board to carry out its functions and duties.
        5.  To  hear  and determine all claims for awards filed with the board
      pursuant to this article, and to reinvestigate or reopen  cases  as  the
      board deems 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 board to any
      member  or  employee  thereof.  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 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  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.
        15. To advocate the rights and interests of crime victims of the state
      before federal, state and local administrative, regulatory, legislative,
      judicial and criminal justice agencies.
        16.  To  promote  and  conduct   studies,   research,   analyses   and
      investigations of matters affecting the interests of crime victims.
        17. To sponsor conferences relating to the problems of crime victims.
        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 federal grants, or any gift for the purposes
      of this article. Any monies so received may be expended by the board  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  board's
      activities  including,  but not limited to, specific information on each
      of the subdivisions of this section, and the manner in which the rights,
      needs and interests of crime victims are being addressed by the  state's
      criminal  justice  system.  Such  report  shall also include, but not be
      limited to:
        (a) Information transmitted by the state  division  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.
        21. To make grants to local crime victim service  programs  and  carry
      out  related  duties  under  section  six  hundred  thirty-one-a of this
      article.
        22. To delegate to specified employees  of  the  board  the  power  to
      disallow  claims  under  circumstances  where  regulations  of the board
      provide for disallowance without prejudice to the reopening of claims.