These changes have been determined to be necessary for the general welfare of not only the residents of the State of New York but any person who may be the innocent victim of a crime within the State regardless of their residency or citizenship. These changes are necessary in order to ensure the continued, uninterrupted provision of assistance, as required by both State and federal law, to innocent victims of crime in New York State.

A new section 525.1 is created to describe the policy and regulatory intent of the new Part. The new Part is meant to supplement the provisions of Article 22 of the Executive Law.

A new section 525.2 is created to describe the transitional provisions. This section contains the language of section 54 of part A-I of Chapter 56 of the Laws of 2010 which describes the transition from the former Crime Victims Board to the newly created Office of Victim Services, effective June 22, 2010.

Subdivisions (a) through (j) of the previous section 525.1 are deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. Subdivision (o) of the previous section 525.1 is relocated to be included under the definition of medical services or medical expenses [new section 525.3(d)(2)]. The last two sentences of subdivision (q) of the previous section 525.1 are relocated to be included under manner of payments; awards [new section 525.12(g)(6)]. The new 525.3 contains subdivisions (a) through (g) to define/further clarify: child victim [pursuant to Executive Law, sections 621(11) and 627(1)(d)], conduct contributing, representative, medical services or medical expenses, transportation expenses incurred for necessary court appearances, hospitalization, and financial counseling.

Subdivisions (a) through (d) of the previous section 525.2 are deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.4 contains: a new subdivision (a) related to the electronic filing of claims [pursuant to Executive Law, section 625(3)], the previous subdivision (e) re-lettered as subdivision (b), and a new subdivision (c) related to the initial processing of claims [pursuant to Executive Law, section 627(1)(b)].

Subdivision (d) of the previous section 525.3 is relocated to be included under decision on a claim [new section 525.6(a)]. The new 525.5 contains: in subdivision (a) a time frame during which a claim must be assigned, in subdivision (b) a time frame during which a claim must be investigated [both pursuant to Executive Law, section 627(1)(b)] and a new subdivision (d) related to all claims being investigated regardless of subsequent arrest or conviction [pursuant to Executive Law, section 627(1)(c)].

Subdivision (a) of the previous 525.4 is altered to reflect the elimination of the Board and is relocated to subdivision (b). Subdivision (b) of the previous 525.4 is altered to reflect the elimination of the Board Members and is relocated to subdivision (e). The new 525.6 also contains: a new subdivision (a) containing the language from the previous 525.3 (mentioned above), a new subdivision (c) related to the federal VOCA requirement that a claimant cooperate with the reasonable requests of law enforcement, a new subdivision (d) related to all claims receiving a decision regardless of subsequent arrest or conviction [pursuant to Executive Law, section 627(1)(c)], and in subdivisions (e) and (f) language to explain when anticipated payment may be made and the decision is the written report the claimant is entitled to [pursuant to Executive Law, section 627(1)(e)].

There are no substantive changes between the previous 525.5, renumbered as the new 525.7.

The new 525.8 retains much of the previous 525.6 with the following exceptions: the new subdivision (d) makes the claimant financially responsible for previously scheduled medical exams which were not attended without justification, the new subdivision (f) states that hearings may be adjourned by the office only, not upon the request of any interested party, the new subdivision (g) is rewritten to comply with the confidentiality provisions of the Executive Law, claimant hearings shall not be open to the public, and the new subdivision (i) the hearings shall simply take place at a time and place designated by the office.

The new 525.9, renumbered from the previous 525.7, includes language in subdivision (a) that the office shall provide certain written notice about attorney representation to applying claimants [pursuant to Executive Law, section 627(1)(a)].

There are no substantive changes between the previous 525.8, renumbered as the new 525.10.

The previous 525.9 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.11 includes the language of the previous 525.10 related to emergency awards and further describes the process followed by the office.

The previous 525.10 is renumbered to the new 525.11 (above). The new 525.12 includes the language of the previous 525.12 related to manner of payment; awards. The new 525.12 retains much of the previous 525.12 language with the following exceptions: the previous 525.12(g)(2)(i) to (iv) is updated to reflect the current provisions of Article 22 of the Executive Law and moved to the new 525.12(g)(7), the new subdivision (g)(5) contains the language of the previous 525.26 related to court transportation expenses with clarification that such expenses are available to any eligible claimant, the new subdivision (i)(3)(i) related to determining period of disability for loss of earnings (a regulation previously submitted to the State Register, CVB-52-09-00002-P though never adopted), the new subdivision (j) related to awards for livery cab operator victims [pursuant to Executive Law, section 627(1)(f)], the new subdivision (k) related to awards for loss of earnings or loss of support in excess of that which was initially awarded [pursuant to Executive Law, section 627(1)(g)], and the new subdivision (l) which contains the statutory references and requirements of the previous 525.11 related to reduction of awards for collateral payments.

The previous 525.11 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, but references to the reduction of awards for collateral payments are included in the new 525.12(l) (above). The new 525.13 includes the language of the previous 525.13 related to review of a decision on a claim. The new 525.13 retains much of the previous 525.13 language with the following exceptions: the previous 525.13(b) and (c) are altered to reflect the elimination of the Board Members and the remaining language relocated to the new subdivision (b), the new subdivision (b) eliminates certain language contained in the previous 525.13(c) related to hearings being mandatory unless waived by the claimant, the new subdivision (b) also provides that if the request for a review of a decision is based wholly upon the law under which the office operates, a decision may be issued without a hearing, the new subdivision (c) relates to the notice to be included on a final determination [pursuant to Executive Law, section 627(1)(e)].

The new 525.14 contains the language of the previous 525.14 related to judicial review.

The new 525.15 is related to the confidentiality of and access to claimant records. The provisions of the previous 525.15 combined both public and claimant records in one section which was unworkable. The previous 525.15 is deleted and two new, separate sections related to claimant records (525.15) and the access of public records (FOIL) (525.23) are included in its place.

The new 525.16 contains the language of the previous 525.16 related to the availability of rules.

The new 525.17 contains updated language similar to that of the previous 525.25 related to requests for reduction of a lien to reflect the elimination of the Board Members.

The new 525.18 contains the language of the previous 525.30 related to battered spouses shelter cost guidelines.

The previous 525.17 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.19 contains the language of the previous 525.31 related to crimes committed by family members.

The previous 525.18 was renumbered to the new 525.29. The new 525.20 contains the language of the previous 525.32 related to victims of human trafficking, presumption of physical injury.

The previous 525.19 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22. The new 525.21 contains the language of the previous 525.33 related to the prohibited use of personal identifying information.

The previous 525.20 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, to reflect the elimination of the Board. The new 525.22 relates to victim assistance programs and their role in preparing and assisting in the processing of claims to the office [pursuant to Executive Law, sections 623(3) and 627(1)(b)], requests for emergency awards and clarification of the office's confidentiality responsibilities.

The previous 525.21 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, to reflect the elimination of the Board. The new 525.23 relates to the access of public records, containing the model FOIL regulations as developed by the DOS Committee on Open Government and reflecting the elimination of the Board Members. See also, the explanation for the new 525.15 (above).

Sections 525.24 through 525.28 are intentionally blank and reserved for future use.

The previous 525.22 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22, to reflect the elimination of the Board.

The previous 525.23 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22.

The previous 525.24 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22.

The provisions of the previous 525.25 were generally included in the new 525.17 related to requests for further reduction of lien.

The provisions of the previous 525.26 are generally included in the new 525.12(g)(5).

The previous 525.27 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22.

The previous 525.28 is deleted as either redundant or contrary to the new and unchanged provisions of Executive Law, Article 22.

There was not a previous 525.29. The new 525.29 contains the language of the previous 525.18 related to the construction of rules.

The previous 525.30 was renumbered as the new 525.18. The new 525.30 provides for a severability clause.

The previous 525.31 is renumbered as the new 525.19. The previous 525.32 is renumbered as the new 525.20. The previous 525.33 is renumbered as the new 525.21.

1. Statutory authority: The New York State Executive Law, Article 22 which created the Crime Victims Board (the Board) was originally enacted by Chapter 894 of the Laws of 1966. During its existence for over four decades the Board had the authority to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of Article 22 of the Executive Law. The rules and regulations which evolved during that time are found in Part 525 of Title 9 of the New York Codes Rules and Regulations (NYCRR). Recently, Part A-1 of Chapter 56 of the Laws of 2010 (enacting portions of the FY 2010-2011 State Budget) amended Article 22 of the Executive Law to eliminate the Board and create the Office of Victim Services (the Office) as a new Executive Agency. Subdivision 3 of section 623 of the Executive Law provides that the Office shall have the power and duty to adopt, promulgate, amend and rescind suitable rules and regulations to carry out the provisions and purposes of Article 22 of the Executive Law.

2. Legislative objectives: The FY 2010-2011 State Budget implemented several measures to address the difficult financial climate in the State. One measure identified to reduce costs to the State was the elimination of the five-member Crime Victims Board. By enacting Part A-1 of Chapter 56 of the Laws of 2010, the Legislature sought to ensure that, although the Board itself would be eliminated, the provisions and purpose of Article 22 of the Executive Law would continue under a reorganized Executive Agency to be known as the Office of Victim Services.

3. Needs and benefits: Part A-1 of Chapter 56 of the Laws of 2010 eliminates the New York State Crime Victims Board and creates the Office of Victim Services as a new Executive Agency. The elimination of the five-member Crime Victims Board itself was required under the FY 2010-2011 State Budget in order to reduce the operational costs; the Office of Victim Services creates a more efficient structure for processing claims from crime victims. Previous regulations, Part 525 of Title 9 NYCRR, outlined the Practice and Procedure Before the Board. As the Board no longer exists, the previous Part 525 of Title 9 NYCRR must be repealed and a new Part 525 added to outline the Practice and Procedure Before the Office of Victim Services. Part A-1 of Chapter 56 did not significantly change the process or requirements for crime victims, so this new Part retains much of the former Board's regulatory structure. This new Part is, however, altered to appropriately reflect the elimination of the Board and any new requirements created by Part A-1 of Chapter 56 upon the agency, including; the transitional provisions from the Board to the Office; the electronic filing of claims; clearer timeframes for the internal assignment and investigation of claims, as well as protocols in response to missed medical appointments and hearing dates; resolution of claims regardless of underlying criminal case; and information to be included on written claim determinations. Proposed section 525.8(d), for example, makes a claimant financially responsible for previously scheduled medical exams, where missed without justification. This shift in Office protocol will preserve finite Victim Services resources, while providing the claimant with ample notice of the change, opportunity to provide a justification for missing the appointment, and administrative review of any adverse determination. Upon scheduling of such appointments, the claimant will be notified of such potential liabilities. Should the claimant disagree with a decision resulting from such a missed appointment, they will continue to have the opportunity for both administrative and judicial reviews of such decisions.

This new Part also reorganizes certain provisions of the former Board's regulatory structure and eliminates language that is either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22 in order to avoid any confusion on the part of the Office or the public. These changes are necessary in order to ensure the continued, uninterrupted provision of assistance, as required by State and federal law, to innocent victims of crime in New York State.

4. Costs: a. Costs to regulated parties. These proposed regulations would codify much of the former Board's regulatory structure and any new regulatory requirements created by Part A-1 of Chapter 56, therefore it is not expected that the proposed regulations would impose any additional costs to the agency or State. The proposed regulatory changes may, in fact, result in saving the agency and State money when the volume of otherwise ineligible claims filed with the Board decreases because claimants or potential claimants would now have access to a more concise and clear regulatory structure and internal protocols. The changes implemented by Part A-1 of Chapter 56 and proposed by these regulations have no impact on the State's current eligibility for related federal funding. The overall purpose in enacting Part A-1 of Chapter 56 was to reduce costs (estimated at $300,000 per year in salaries and pensions) to the State through the elimination of the five-member Crime Victims Board.

b. Costs to local governments. These proposed regulations do not apply to local governments and would not impose any additional costs on local governments.

c. Costs to private regulated parties. The proposed regulations do not apply to private regulated parties and would not impose any additional costs on private regulated parties.

5. Local government mandates: These proposed regulations do not impose any program, service duty or responsibility upon any local government.

6. Paperwork: These proposed regulations do not require any additional paperwork requirements. This proposal will allow claims to also be submitted electronically.

7. Duplication: These proposed regulations do not duplicate any other existing State or federal requirements.

8. Alternatives: Besides those regulatory changes necessary as a result of the enactment of Part A-1 of Chapter 56 (listed in item 3, above), the one identifiable, substantive change is contained in section 525.13 as it related to the review of a decision on a claim (also known as "appeals"). Previous regulations stated that an appeal hearing must be held unless waived by the claimant. This resulted in the agency having certain appeals "in limbo" if the claimant requested an appeal but never followed-up or cooperated with the scheduling of such hearings. The new provision eliminates this possibility. With this specific regulatory authority, the Office will make several attempts to contact a claimant about scheduling their appeal hearing prior to issuing a final determination based on the review of the record alone. In addition, the Office determined that if such appeals were based wholly upon the law under which the agency operates, a decision could be issued without an appeal hearing. The Office, based on the Board's 40 years of experience, eliminates these unnecessary appeal hearings in proposed section 525.13. The Office anticipates greater efficiency in processing appeal hearings, while maintaining claimants' interests in providing ample notice of this regulatory change and notifying them of the victims' right to appeal a final determination of the Office via Civil Practice Law and Rules, Article 78. Any appeal determinations arrived at without a hearing, either because of lack of cooperation during the scheduling or because such original determination was based on non-discretionary provisions of law, will include such an explanation in the written, final decision. All final determinations of the Office have been and will continue to be issued with specific reference to the right for a judicial review of such determination via Civil Practice Law and Rules, Article 78.

9. Federal standards: This rule is consistent with the requirements of the federal Victims of Crime Act (VOCA), 42 USC Chapter 112, section 10601, et seq. Section 525.6(c) was added to specifically refer to VOCA requirements that programs encourage victim cooperation with law enforcement.

10. Compliance schedule: The regulations will be effective immediately upon publication of a notice of adoption in the State Register. Since the enactment of Part A-1 of Chapter 56 of the Laws of 2010, the Office has continued to provide services and benefits identical to those provided by the former Board under the new provisions of Article 22 of the Executive Law and Emergency Rulemaking (similar to the provisions proposed in this rule) first filed on June 23, 2010, published in State Register, Volume XXXII, Issue 28, and thereafter.

The Office of Victim Services projects there will be no adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments in the State of New York as a result of this proposed rule change. This proposed rule change simply codifies much of the former New York State Crime Victims Board’s (the Board) regulatory structure, reflects the elimination of the Board and any new regulatory requirements created by Part A-1 of Chapter 56 of the Laws of 2010, reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. Since nothing in this proposed rule change will create any adverse impacts on any small businesses or local governments in the state, no further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of this proposed rule change, a full Regulatory Flexibility Analysis is not required and therefore one has not been prepared.

The Office of Victim Services projects there will be no adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas in the State of New York as a result of this proposed rule change. This proposed rule change simply codifies much of the former New York State Crime Victims Board’s (the Board) regulatory structure, reflects the elimination of the Board and any new regulatory requirements created by Part A-1 of Chapter 56 of the Laws of 2010, reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. Since nothing in this proposed rule change will create any adverse impacts on any public or private entities in rural areas in the state, no further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of this proposed rule change, a full Rural Area Flexibility Analysis is not required and therefore one has not been prepared.

The Office of Victim Services projects there will be no adverse impact on jobs or employment opportunities in the State of New York as a result of this proposed rule change. This proposed rule change simply codifies much of the former New York State Crime Victims Board’s (the Board) regulatory structure, reflects the elimination of the Board and any new regulatory requirements created by Part A-1 of Chapter 56 of the Laws of 2010, reorganizes certain provisions of the former Board’s regulatory structure and eliminates confusing language or provisions that were either redundant or contrary to both the new and unchanged provisions of Executive Law, Article 22. Since nothing in this proposed rule change will create any adverse impacts on jobs or employment opportunities in the state, no further steps were needed to ascertain these facts and none were taken. As apparent from the nature and purpose of this proposed rule change, a full Job Impact Statement is not required and therefore one has not been prepared.