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:
Section 1. The executive law is amended by adding a new article 24-A
to read as follows:
ARTICLE 24-A
CRIME VICTIM'S OMBUDSMAN
SECTION 656. DEFINITIONS.
656-A. CRIME VICTIM'S OMBUDSMAN.
656-B. POWERS AND DUTIES.
656-C. TOLL-FREE TELEPHONE SERVICE.
656-D. PROCEDURES.
656-E. AUTHORITY TO INVESTIGATE.
656-F. FINDINGS AND RECOMMENDATIONS.
656-G. TESTIMONY.
656-H. REPORTING REQUIREMENTS.
S 656. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "OMBUDSMAN" SHALL MEAN THE PERSON APPOINTED TO SERVE IN THE CAPACI-
TY OF CRIME VICTIM'S OMBUDSMAN.
2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES.
S 656-A. CRIME VICTIM'S OMBUDSMAN. THERE IS HEREBY ESTABLISHED WITHIN
THE DIVISION OF CRIMINAL JUSTICE SERVICES AN OFFICE OF THE CRIME
VICTIM'S OMBUDSMAN. THE OMBUDSMAN SHALL BE APPOINTED BY THE COMMISSIONER
WITH THE ADVICE OF THE ADVISORY COUNCIL OF THE CRIME VICTIMS BOARD AND
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
S 656-B. POWERS AND DUTIES. THE OMBUDSMAN SHALL ACT AS A LIAISON AND
ADVOCATE FOR CRIME VICTIMS TO ASSIST THEM IN OBTAINING NECESSARY
SERVICES AND COMPENSATION. THE CRIME VICTIM'S OMBUDSMAN SHALL INVESTI-
GATE COMPLAINTS BROUGHT BY OR ON BEHALF OF CRIME VICTIMS CONCERNING
SPECIFIC INSTANCES OF MISTREATMENT, MALFEASANCE OR VIOLATION OF LAW,
RULE OR REGULATION BY MEMBERS OR EMPLOYEES OF VICTIM ASSISTANCE
PROGRAMS, THE CRIME VICTIMS BOARD, THE DIVISION OF CRIMINAL JUSTICE
SERVICES, DISTRICT ATTORNEY, THE JUDICIARY, THE LAW ENFORCEMENT COMMUNI-
TY OR ANY PERSON APPOINTED TO OR EMPLOYED BY A CRIME VICTIM-RELATED
AGENCY AS DEFINED IN SECTION SIX HUNDRED FORTY-THREE OF THIS CHAPTER.
THE OMBUDSMAN MAY REQUEST AND THE COMMISSIONER MAY APPOINT STAFF AND
EMPLOYEES OF THE DIVISION OF CRIMINAL JUSTICE SERVICES TO SUPPORT THE
ADMINISTRATION OF THE OFFICE OF THE CRIME VICTIM'S OMBUDSMAN.
S 656-C. TOLL-FREE TELEPHONE SERVICE. THE OMBUDSMAN SHALL ESTABLISH A
TOLL-FREE TELEPHONE NUMBER TO BE USED ONLY TO RECEIVE COMPLAINTS AND
ANSWER QUESTIONS CONCERNING THE PROVISION OF ASSISTANCE TO CRIME
VICTIMS. TO THE GREATEST EXTENT POSSIBLE, THIS TELEPHONE NUMBER SHALL BE
ANSWERED BY THE OMBUDSMAN OR A PROPERLY TRAINED PERSON AS DIRECTED BY
THE OMBUDSMAN.
S 656-D. PROCEDURES. THE OMBUDSMAN SHALL ESTABLISH A PROCEDURE FOR
REFERRING CRIME VICTIMS TO CRIME VICTIM CRISIS CENTERS, THE CRIME
VICTIMS BOARD, OR OTHER VICTIM ASSISTANCE PROGRAMS WHEN ASSISTANCE IS
REQUESTED BY A CRIME VICTIM OR IS DEEMED NECESSARY BY THE OMBUDSMAN.
S 656-E. AUTHORITY TO INVESTIGATE. THE OMBUDSMAN MAY REQUEST AND SHALL
BE GIVEN ACCESS TO ALL INFORMATION PERTAINING TO THE INVESTIGATION OF A
COMPLAINT. IN THE COURSE OF AN INVESTIGATION THE OMBUDSMAN, SUBJECT TO
CONSTITUTIONAL OR OTHER STATUTORY LIMITATION, SHALL HAVE THE AUTHORITY
TO TAKE OR CAUSE TO BE TAKEN AFFIDAVITS OR DEPOSITIONS WITHIN OR WITHOUT
THE STATE, ADMINISTER OATHS OR AFFIRMATIONS, EXAMINE ANY PERSON UNDER
OATH OR AFFIRMATION AND ISSUE SUBPOENAS REQUIRING THE ATTENDANCE AND
GIVING OF TESTIMONY OF WITNESSES AND REQUIRE THE PRODUCTION OF ANY
BOOKS, PAPERS, DOCUMENTARY OR OTHER EVIDENCE.
S 656-F. FINDINGS AND RECOMMENDATIONS. 1. UPON COMPLETING AN INVESTI-
GATION OF A COMPLAINT, THE OMBUDSMAN SHALL INFORM THE COMPLAINANT, ANY
INVESTIGATED PERSON OR ENTITY, AND ANY OTHER APPROPRIATE AUTHORITIES
INCLUDING THE ATTORNEY GENERAL, OF ANY FINDINGS AND RECOMMENDATIONS FOR
FURTHER ACTION. IF THE COMPLAINT INVOLVED THE CONDUCT OF A MEMBER OR
EMPLOYEE OF THE JUDICIARY IN RELATION TO A CRIMINAL OR CIVIL PROCEEDING,
THE OMBUDSMAN'S FINDINGS SHALL BE FORWARDED TO THE COURT WHERE THE
PROCEEDING OCCURRED.
2. WHERE THE OMBUDSMAN MAKES A RECOMMENDATION TO AN AGENCY OR AUTHORI-
TY AS THE RESULT OF AN INVESTIGATION, THE APPROPRIATE AUTHORITY SHALL,
WITHIN A REASONABLE PERIOD OF TIME, INFORM THE OMBUDSMAN ABOUT ANY
ACTION TAKEN BASED UPON THE RECOMMENDATION OR THE REASONING FOR NOT
COMPLYING WITH THE RECOMMENDATION.
S 656-G. TESTIMONY. UNLESS REQUIRED BY A VALID COURT ORDER, NEITHER
THE OMBUDSMAN NOR ANY MEMBER OF THE OMBUDSMAN'S STAFF MAY BE COMPELLED
TO TESTIFY IN ANY COURT WITH RESPECT TO MATTERS INVOLVING THE EXERCISE
OF OFFICIAL DUTIES IN THE INVESTIGATION OF INDIVIDUAL COMPLAINTS EXCEPT
AS MAY BE NECESSARY TO ENFORCE THE PROVISIONS OF THIS SECTION.
S 656-H. REPORTING REQUIREMENTS. THE OMBUDSMAN SHALL REPORT TO THE
COMMISSIONER ANNUALLY ON ALL ACTIVITIES RELATED TO FULFILLING THE OBLI-
GATIONS OF THE OFFICE OF THE CRIME VICTIM'S OMBUDSMAN. THE COMMISSIONER
SHALL INCLUDE THE UNEDITED TEXT OF THE OMBUDSMAN'S REPORT WITHIN ANNUAL
REPORTS SUBMITTED BY THE DIVISION TO THE GOVERNOR AND THE LEGISLATURE.
A. 521 3
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law provided that the commissioner of the divi-
sion of criminal justice services shall appoint a crime victim's ombuds-
man and further provided that the commissioner of the division of crimi-
nal justice services, in consultation with such ombudsman, shall
promulgate any rules and regulations necessary to implement this act
prior to such date.