Relates to the jurisdiction of the justice center's special prosecutor and inspector general

This bill would clarify that the Special Prosecutor and Inspector General ("Special Prosecutor") at the Justice Center for the Protection of People with Special Needs ("Justice Center") has concurrent authority with District Attorneys to prosecute offenses involving abuse or neglect of vulnerable persons by custodians.

Summary of Provisions:

Section 1 of the bill would amend Executive Law § 552(2)(a) and (c) to clarify that the Justice Center's Special Prosecutor has the authority to prosecute offenses involving abuse or neglect of vulnerable persons by custodians in any state court in New York having appropriate jurisdiction,

Section 2 of the bill would make it effective immediately, and would deem these provisions to have been in full force and effect on or after June 30, 2013.

Existing Law:

Article 20 of the Executive Law creates and sets forth the powers and duties of the Justice Center. With respect to the Justice Center's criminal authority, Executive Law § 552(2)(a)(i) imparts the Justice Center's Special Prosecutor with the express power "to investigate and prosecute offenses involving abuse or neglect, as defined in subdivision eleven of section four hundred eighty-eight of the social services law, committed against vulnerable persons by custodians."

Social Services Law § 488 defines "abuse or neglect" as the conduct described in Social Services Law § 488 (1)(a) to (h), which defines seven types of abuse (physical abuse, sexual abuse, psychological abuse, deliberate inappropriate use of restraints, use of aversive conditioning, obstruction or reports of reportable incidents, unlawful use or administration of a controlled substance) and neglect.

Criminal Procedure Law § 1.20(32) defines a "District Attorney" as including "the special prosecutor and inspector general for the protection of people with special needs or his or her assistants when acting pursuant to their duties in matters arising under article twenty of the executive law."

Prior Legislative History:

This is a new bill.

Statement in Support:

The Protection of People with Special Needs Act (PPSNA) (Ch. 501, L. 2012) created the Justice Center, whose primary purpose is to protect

people with special needs by implementing the set of uniform standards set forth in the legislation, with respect to the reporting, investigation and response to allegations of abuse or neglect committed against persons. According to the PPSNA's Legislative Findings and Purpose, "To bolster the ability of the state to respond more effectively to abuse and neglect of vulnerable persons, without creating additional burdens on local law enforcement, the justice center will have concurrent authority with district attorneys to prosecute abuse and neglect crimes committed against such persons." Ch. 501, L. 2012, Part A, p.2. In addition, the definition of District Attorney was amended to include the Justice Center's Special Prosecutor, or his or her assistants, when acting pursuant to their duties in matters arising under article twenty of the executive law.

Despite this clear legislative mandate, in a decision rendered on April 29, 2014, in People v Davidson, a Lansing Town Court Justice dismissed the criminal charges pending against a defendant, ruling that the Justice Center's Special Prosecutor and Inspector General lacked jurisdiction to prosecute offenses in a local justice court. The Justice Center recently won its appeal of this decision. , but is proposing that the statute be amended in order to codify the court's decision and to give effect to the unequivocal legislative intent. The amendment would avoid the potential of obtaining inconsistent determinations among the different local courts. . As noted in the Legislative Findings and Purpose, one purpose of giving the Justice Center's Special Prosecutor and Inspector General concurrent jurisdiction was to avoid creating additional burdens on district attorneys, while at the same time bolstering the State's ability to respond more effectively to abuse and neglect. If other local courts rule as the Davidson court ruled, that the Justice Center's prosecutors could not appear in local justice courts, then District Attorneys would be solely responsible for prosecuting cases in those courts - or District Attorneys may decide that they do not have the resources to do so. Moreover, the Justice Center would be compelled to present all such cases to a grand jury, even those in which it would only charge misdemeanor offenses, which ordinarily do not need to be presented to a grand jury, in order to obtain jurisdiction to prosecute them. This is not an effective use of the grand jury's time, and would likely delay the bringing of charges.

By amending the statute to clarify that the Justice Center's Special Prosecutor and Inspector General has the authority to prosecute in "any state court in New York having appropriate jurisdiction," this bill would give effect to the Legislative intent, prevent any burden to localities and District Attorneys that could result from limiting the authority of the Justice Center's Special Prosecutor and Inspector General, and codify the decision of the appellate court in Davidson

Budget Implications:

This bill would be implemented within existing resources. Local Impact: This bill would have a positive impact on local governments by clarifying that the Justice Center's Special Prosecutor has the authority to bring criminal charges in local courts, saving resources of the local District Attorneys and grand juries.

Effective Date:

This bill would take effect immediately and be deemed to have been in effect on and after June 30, 2013.