Bill Text: NY A00521 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the executive law, in relation to establishing a crime victim's ombudsman and providing for such ombudsman's functions, powers and duties
Sponsorship: Partisan Bill (Democrat 3)
Status: (Engrossed - Dead) 2010-04-08 - starred on calendar [A00521 Detail]
Download: New_York-2009-A00521-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
521
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to establishing a crime
victim's ombudsman and providing for such ombudsman's functions,
powers and duties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new article 24-A
2 to read as follows:
3 ARTICLE 24-A
4 CRIME VICTIM'S OMBUDSMAN
5 SECTION 656. DEFINITIONS.
6 656-A. CRIME VICTIM'S OMBUDSMAN.
7 656-B. POWERS AND DUTIES.
8 656-C. TOLL-FREE TELEPHONE SERVICE.
9 656-D. PROCEDURES.
10 656-E. AUTHORITY TO INVESTIGATE.
11 656-F. FINDINGS AND RECOMMENDATIONS.
12 656-G. TESTIMONY.
13 656-H. REPORTING REQUIREMENTS.
14 S 656. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
15 1. "OMBUDSMAN" SHALL MEAN THE PERSON APPOINTED TO SERVE IN THE CAPACI-
16 TY OF CRIME VICTIM'S OMBUDSMAN.
17 2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DIVISION OF CRIM-
18 INAL JUSTICE SERVICES.
19 S 656-A. CRIME VICTIM'S OMBUDSMAN. THERE IS HEREBY ESTABLISHED WITHIN
20 THE DIVISION OF CRIMINAL JUSTICE SERVICES AN OFFICE OF THE CRIME
21 VICTIM'S OMBUDSMAN. THE OMBUDSMAN SHALL BE APPOINTED BY THE COMMISSIONER
22 WITH THE ADVICE OF THE ADVISORY COUNCIL OF THE CRIME VICTIMS BOARD AND
23 SHALL SERVE IN THE UNCLASSIFIED SERVICE OF THE COMMISSIONER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03439-01-9
A. 521 2
1 S 656-B. POWERS AND DUTIES. THE OMBUDSMAN SHALL ACT AS A LIAISON AND
2 ADVOCATE FOR CRIME VICTIMS TO ASSIST THEM IN OBTAINING NECESSARY
3 SERVICES AND COMPENSATION. THE CRIME VICTIM'S OMBUDSMAN SHALL INVESTI-
4 GATE COMPLAINTS BROUGHT BY OR ON BEHALF OF CRIME VICTIMS CONCERNING
5 SPECIFIC INSTANCES OF MISTREATMENT, MALFEASANCE OR VIOLATION OF LAW,
6 RULE OR REGULATION BY MEMBERS OR EMPLOYEES OF VICTIM ASSISTANCE
7 PROGRAMS, THE CRIME VICTIMS BOARD, THE DIVISION OF CRIMINAL JUSTICE
8 SERVICES, DISTRICT ATTORNEY, THE JUDICIARY, THE LAW ENFORCEMENT COMMUNI-
9 TY OR ANY PERSON APPOINTED TO OR EMPLOYED BY A CRIME VICTIM-RELATED
10 AGENCY AS DEFINED IN SECTION SIX HUNDRED FORTY-THREE OF THIS CHAPTER.
11 THE OMBUDSMAN MAY REQUEST AND THE COMMISSIONER MAY APPOINT STAFF AND
12 EMPLOYEES OF THE DIVISION OF CRIMINAL JUSTICE SERVICES TO SUPPORT THE
13 ADMINISTRATION OF THE OFFICE OF THE CRIME VICTIM'S OMBUDSMAN.
14 S 656-C. TOLL-FREE TELEPHONE SERVICE. THE OMBUDSMAN SHALL ESTABLISH A
15 TOLL-FREE TELEPHONE NUMBER TO BE USED ONLY TO RECEIVE COMPLAINTS AND
16 ANSWER QUESTIONS CONCERNING THE PROVISION OF ASSISTANCE TO CRIME
17 VICTIMS. TO THE GREATEST EXTENT POSSIBLE, THIS TELEPHONE NUMBER SHALL BE
18 ANSWERED BY THE OMBUDSMAN OR A PROPERLY TRAINED PERSON AS DIRECTED BY
19 THE OMBUDSMAN.
20 S 656-D. PROCEDURES. THE OMBUDSMAN SHALL ESTABLISH A PROCEDURE FOR
21 REFERRING CRIME VICTIMS TO CRIME VICTIM CRISIS CENTERS, THE CRIME
22 VICTIMS BOARD, OR OTHER VICTIM ASSISTANCE PROGRAMS WHEN ASSISTANCE IS
23 REQUESTED BY A CRIME VICTIM OR IS DEEMED NECESSARY BY THE OMBUDSMAN.
24 S 656-E. AUTHORITY TO INVESTIGATE. THE OMBUDSMAN MAY REQUEST AND SHALL
25 BE GIVEN ACCESS TO ALL INFORMATION PERTAINING TO THE INVESTIGATION OF A
26 COMPLAINT. IN THE COURSE OF AN INVESTIGATION THE OMBUDSMAN, SUBJECT TO
27 CONSTITUTIONAL OR OTHER STATUTORY LIMITATION, SHALL HAVE THE AUTHORITY
28 TO TAKE OR CAUSE TO BE TAKEN AFFIDAVITS OR DEPOSITIONS WITHIN OR WITHOUT
29 THE STATE, ADMINISTER OATHS OR AFFIRMATIONS, EXAMINE ANY PERSON UNDER
30 OATH OR AFFIRMATION AND ISSUE SUBPOENAS REQUIRING THE ATTENDANCE AND
31 GIVING OF TESTIMONY OF WITNESSES AND REQUIRE THE PRODUCTION OF ANY
32 BOOKS, PAPERS, DOCUMENTARY OR OTHER EVIDENCE.
33 S 656-F. FINDINGS AND RECOMMENDATIONS. 1. UPON COMPLETING AN INVESTI-
34 GATION OF A COMPLAINT, THE OMBUDSMAN SHALL INFORM THE COMPLAINANT, ANY
35 INVESTIGATED PERSON OR ENTITY, AND ANY OTHER APPROPRIATE AUTHORITIES
36 INCLUDING THE ATTORNEY GENERAL, OF ANY FINDINGS AND RECOMMENDATIONS FOR
37 FURTHER ACTION. IF THE COMPLAINT INVOLVED THE CONDUCT OF A MEMBER OR
38 EMPLOYEE OF THE JUDICIARY IN RELATION TO A CRIMINAL OR CIVIL PROCEEDING,
39 THE OMBUDSMAN'S FINDINGS SHALL BE FORWARDED TO THE COURT WHERE THE
40 PROCEEDING OCCURRED.
41 2. WHERE THE OMBUDSMAN MAKES A RECOMMENDATION TO AN AGENCY OR AUTHORI-
42 TY AS THE RESULT OF AN INVESTIGATION, THE APPROPRIATE AUTHORITY SHALL,
43 WITHIN A REASONABLE PERIOD OF TIME, INFORM THE OMBUDSMAN ABOUT ANY
44 ACTION TAKEN BASED UPON THE RECOMMENDATION OR THE REASONING FOR NOT
45 COMPLYING WITH THE RECOMMENDATION.
46 S 656-G. TESTIMONY. UNLESS REQUIRED BY A VALID COURT ORDER, NEITHER
47 THE OMBUDSMAN NOR ANY MEMBER OF THE OMBUDSMAN'S STAFF MAY BE COMPELLED
48 TO TESTIFY IN ANY COURT WITH RESPECT TO MATTERS INVOLVING THE EXERCISE
49 OF OFFICIAL DUTIES IN THE INVESTIGATION OF INDIVIDUAL COMPLAINTS EXCEPT
50 AS MAY BE NECESSARY TO ENFORCE THE PROVISIONS OF THIS SECTION.
51 S 656-H. REPORTING REQUIREMENTS. THE OMBUDSMAN SHALL REPORT TO THE
52 COMMISSIONER ANNUALLY ON ALL ACTIVITIES RELATED TO FULFILLING THE OBLI-
53 GATIONS OF THE OFFICE OF THE CRIME VICTIM'S OMBUDSMAN. THE COMMISSIONER
54 SHALL INCLUDE THE UNEDITED TEXT OF THE OMBUDSMAN'S REPORT WITHIN ANNUAL
55 REPORTS SUBMITTED BY THE DIVISION TO THE GOVERNOR AND THE LEGISLATURE.
A. 521 3
1 S 2. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law provided that the commissioner of the divi-
3 sion of criminal justice services shall appoint a crime victim's ombuds-
4 man and further provided that the commissioner of the division of crimi-
5 nal justice services, in consultation with such ombudsman, shall
6 promulgate any rules and regulations necessary to implement this act
7 prior to such date.
