N.Y. Comp. Codes R. & Regs. tit. 9 § 525.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 525.5 - Assignment and investigation of claims

(a) After a claim has been accepted by the office it shall be assigned by the director for investigation as soon as practicable, but no later than three months after acceptance pursuant to section 525.4(c) of this Part. All claims arising from the same criminal act(s) shall be assigned or re-assigned to the same staff person when practical.

(b) The staff person to whom a claim is assigned shall conduct an investigation into the validity of the claim as soon as practicable, but no later than six months after assignment pursuant to subdivision (a) of this section. This investigation may, but need not necessarily, include the verification of information supplied by the claimant and the development of new or different information concerning the circumstances of the crime, the victim's conduct contributing to the crime or the criminal injury, if any, the reporting of the crime to appropriate authorities, the cooperation of the crime victim or claimant with a subsequent criminal investigation or prosecution, or with the office, the status of the crime victim or claimant as a disabled or elderly person, any physical or other injury suffered as a result of the crime, any health care or other services required as a result of the crime, any earnings or support lost as a result of the crime, the identity or value of any "essential personal property" lost, damaged or destroyed as a result of the crime, and any other matter deemed relevant to the claim.

(c) The staff person to whom the claim is assigned may, if deemed necessary or appropriate, direct the medical examination of a crime victim, take or cause to be taken affidavits or depositions, order a hearing, examine any person under oath or affirmation, and issue subpoenas requiring the attendance and testimony of witnesses and the production of documents.

(d) All claims accepted by the office shall be investigated regardless of whether the alleged criminal has been apprehended or prosecuted for, or convicted of any crime based upon the same incident, or has been acquitted, or found not guilty of the crime in question owing to criminal irresponsibility or other legal exemption.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 525.5