§ 168-P — Special telephone number

§ 168-p. Special telephone number. 1. Pursuant to section one hundred\nsixty-eight-b of this article, the division shall also operate a\ntelephone number that members of the public may call free of charge and\ninquire whether a named individual required to register pursuant to this\narticle is listed. The division shall ascertain whether a named person\nreasonably appears to be a person so listed and provide the caller with\nthe relevant information according to risk as described in subdivision\nsix of section one hundred sixty-eight-l of this article. The division\nshall decide whether the named person reasonably appears to be a person\nlisted, based upon information from the caller providing information\nthat shall include (a) an exact street address, including apartment\nnumber, driver's license number or birth date, along with additional\ninformation that may include social security number, hair color, eye\ncolor, height, weight, distinctive markings, ethnicity; or (b) any\ncombination of the above listed characteristics if an exact birth date\nor address is not available. If three of the characteristics provided\ninclude ethnicity, hair color, and eye color, other identifying\ncharacteristics shall be provided. Any information identifying the\nvictim by name, birth date, address or relation to the person listed by\nthe division shall be excluded by the division.\n 2. When the telephone number is called, a preamble shall be played\nwhich shall provide the following information:\n (a) notice that the caller's telephone number will be recorded;\n (b) that there is no charge for use of the telephone number;\n (c) notice that the caller is required to identify himself or herself\nto the operator and provide current address and shall be maintained in a\nwritten record;\n (d) notice that the caller is required to be eighteen years of age or\nolder;\n (e) a warning that it is illegal to use information obtained through\nthe telephone number to commit a crime against any person listed or to\nengage in illegal discrimination or harassment against such person;\n (f) notice that the caller is required to have the birth date,\ndriver's license or identification number, or address or other\nidentifying information regarding the person about whom information is\nsought in order to achieve a positive identification of that person;\n (g) a statement that the number is not a crime hotline and that any\nsuspected criminal activity should be reported to local authorities;\n (h) a statement that an information package which will include a\ndescription of the law and sex abuse and abduction prevention materials\nis available upon request from the division. Such information package\nshall include questions and answers regarding the most commonly asked\nquestions about the sex offender registration act, and current sex abuse\nand abduction prevention material.\n 2-a. (a) The division shall establish a program allowing non-profit\nand not-for-profit youth services organizations to pre-register with the\ndivision for use of the telephone number. Pre-registration shall include\nthe identification of up to two officials of the organization who may\ncall the telephone number and obtain information on behalf of the\norganization. A pre-registered certificate issued under this subdivision\nshall be valid for two years, unless earlier revoked by the division for\ngood cause shown. No fee shall be charged to an applicant for the\nissuance of a pre-registered certificate pursuant to this subdivision.\n (b) An organization granted a pre-registered certificate pursuant to\nthis subdivision may, upon calling the telephone number, inquire whether\nmultiple named individuals are listed on the sex offender registry.\nNotwithstanding any per call limitation the division may place on calls\nby private individuals, the division shall allow such pre-registered\norganizations to inquire about up to twenty prospective coaches, leaders\nor volunteers in each call to the telephone number.\n (c) For purposes of this subdivision, "youth services organization"\nshall mean a formalized program operated by a corporation pursuant to\nsubparagraph five of paragraph (a) of section one hundred two of the\nnot-for-profit corporation law that functions primarily to: (a) provide\nchildren the opportunity to participate in adult-supervised sporting\nactivities; or (b) match children or groups of children with adult\nvolunteers for the purpose of providing children with positive role\nmodels to enhance their development.\n 2-b. The division shall maintain a program allowing a transportation\nnetwork company (TNC), as defined in section one thousand six hundred\nninety-one of the vehicle and traffic law, to electronically submit\nmultiple names, and other necessary identifying information as required\nby the division and in accordance with subdivision one of this section,\nof applicants applying to be TNC drivers for the purpose of determining\nwhether such applicants are listed on the sex offender registry pursuant\nto this article. The division shall respond to such inquiry\nelectronically, within four business days, and notify such TNC of any\nsuch applicant who is listed on the registry pursuant to this article. A\nTNC shall pre-register with the division before the electronic\nsubmission of names and shall agree in writing that information obtained\nby a TNC pursuant to this subdivision be used only for the purposes of\ndetermining eligibility of an applicant for a TNC permit, pursuant to\nsections one thousand six hundred ninety-six and one thousand six\nhundred ninety-nine of the vehicle and traffic law, by designated\nemployees of such TNC and that such information shall not be distributed\nor disclosed except as specifically authorized by law.\n 3. Whenever there is reasonable cause to believe that any person or\ngroup of persons is engaged in a pattern or practice of misuse of the\ntelephone number, the attorney general, any district attorney or any\nperson aggrieved by the misuse of the number is authorized to bring a\ncivil action in the appropriate court requesting preventive relief,\nincluding an application for a permanent or temporary injunction,\nrestraining order or other order against the person or group of persons\nresponsible for the pattern or practice of misuse. The foregoing\nremedies shall be independent of any other remedies or procedures that\nmay be available to an aggrieved party under other provisions of law.\nSuch person or group of persons shall be subject to a fine of not less\nthan five hundred dollars and not more than one thousand dollars.\n 4. The division shall submit to the legislature an annual report on\nthe operation of the telephone number. The annual report shall include,\nbut not be limited to, all of the following:\n (a) number of calls received;\n (b) a detailed outline of the amount of money expended and the manner\nin which it was expended for purposes of this section;\n (c) number of calls that resulted in an affirmative response and the\nnumber of calls that resulted in a negative response with regard to\nwhether a named individual was listed;\n (d) number of persons listed; and\n (e) a summary of the success of the telephone number program based\nupon selected factors.\n