§ 552 — Organization of the justice center

§ 552. Organization of the justice center. 1. The justice center shall\nhouse the vulnerable persons' central register created in section four\nhundred ninety-two of the social services law and shall perform all of\nthe necessary functions related to the receipt and acceptance of reports\nof allegations of reportable incidents involving vulnerable persons, the\ninvestigation of such accepted reports and the review of substantiated\nfindings of abuse or neglect, as defined in subdivision eleven of\nsection four hundred eighty-eight of the social services law, including\nconducting any disciplinary proceedings for state employees resulting\nfrom such substantiated findings (for state entities bound by collective\nbargaining, the disciplinary process established through collective\nbargaining shall govern). The justice center shall contain two separate\nunits, headed by two distinct deputies, one responsible for the\nprosecution of criminal matters and one for the resolution of\nnon-criminal matters. If, during an investigation, what appeared to be a\nnon-criminal matter warrants consideration for criminal charges, the\nmatter shall be promptly referred to the criminal unit. Information\ncollected during such investigations may only be shared between such\nunits in accordance with state and federal constitutional protections\nand laws and the secrecy provisions contained in article one hundred\nninety of the criminal procedure law, unless so ordered by a court in a\npending proceeding.\n 2. (a) The justice center also shall employ a special prosecutor and\ninspector general for the protection of people with special needs\n("special prosecutor"), who shall be appointed by the governor. Other\nstate agencies shall be required to make facilities available for office\nspace throughout the state and to assist when requested with respect to\nthe duties of the office. Pursuant to the provisions of this section,\nsuch special prosecutor shall have the duty and power: (i) to\ninvestigate and prosecute offenses involving abuse or neglect, as\ndefined in subdivision eleven of section four hundred eighty-eight of\nthe social services law, committed against vulnerable persons by\ncustodians as defined in subdivision two of section four hundred\neighty-eight of the social services law; and (ii) to cooperate with and\nassist district attorneys and other local law enforcement officials in\ntheir efforts against such abuse or neglect of vulnerable persons.\nProvided that nothing herein shall interfere with the ability of\ndistrict attorneys at any time to receive complaints, investigate and\nprosecute any suspected abuse or neglect or for any persons, whether a\nmandated reporter or not, to report a complaint to a district attorney\nor other appropriate law enforcement official. The special prosecutor\nmay request and shall receive, from any agency, department, division,\nboard, bureau or commission of the state, or any political subdivision\nthereof, cooperation and assistance in the performance of his or her\nduties, and may provide technical and other assistance to any district\nattorney or law enforcement official requesting assistance in the\ninvestigation or prosecution of abuse or neglect of vulnerable persons.\n (b) The special prosecutor is empowered to apply for search warrants\npursuant to article six hundred ninety of the criminal procedure law,\nand, except in exigent circumstances, shall give prior notice of the\napplication to the district attorney of the county in which such a\nwarrant is to be executed, and in such exigent circumstances shall give\nsuch notice as soon thereafter as is practicable; provided, however that\nthe failure to give notice of a search warrant application to a district\nattorney shall not be a ground to suppress the evidence seized in\nexecuting the warrant. He or she may designate an assistant to exercise\nany of such powers.\n (c) The special prosecutor or one of his or her assistants may, after\nconsultation with the district attorney as to the time and place of such\nattendance or appearance, attend in person any term of the county court\nor supreme court having appropriate jurisdiction, including an\nextraordinary special or trial term of the supreme court when one is\nappointed pursuant to section one hundred forty-nine of the judiciary\nlaw, or appear before the grand jury thereof, for the purpose of\nmanaging and conducting in such court or before such jury a criminal\naction or proceeding concerned with an offense where any conduct\nconstituting or requisite to the completion of or in any other manner\nrelated to such offense involved the abuse or neglect of a vulnerable\nperson, as defined in subdivision eleven of section four hundred\neighty-eight of the social services law. In such case, such special\nprosecutor or his or her assistant so attending may exercise all the\npowers and perform all the duties in respect of such actions or\nproceedings which the district attorney would otherwise be authorized or\nrequired to exercise or perform.\n