§ 837-K — Safe house for children

§ 837-k. Safe house for children. 1. Within one hundred twenty days\nafter the effective date of this section, the division shall design and\nadopt an official symbol and sign which may use McGruff as created by\nthe national crime prevention council if practicable, to be used to\ndesignate homes and businesses where a child may seek temporary help\nwhen he or she is traveling, without adult supervision or protection, in\nneighborhoods having such homes or businesses.\n 2. a. Law enforcement agencies:\n (i) may voluntarily provide symbols to persons who apply for them;\n (ii) may require that persons receiving symbols apply in writing and\nagree in writing to specific terms and conditions in order to\nparticipate in the program;\n (iii) shall develop community based selection procedures to assure the\nsuitability of the persons and location which are the subjects of an\napplication prior to issuing symbols after conducting a background\ncheck, including, but not limited to, information available in its\njurisdiction, and inquiry of the department of social services register\nof child abuse and maltreatment regarding the applicant and any persons\nresiding at the location. Until such procedures are developed and\nimplemented, law enforcement agencies may access records of the division\nmaintained pursuant to section eight hundred thirty-seven of this\narticle;\n (iv) shall maintain a register of locations using the official, sign\nor symbol and any other known locations using other symbols for similar\npurposes pursuant to subdivision five of this section;\n (v) shall make efforts, themselves or through arrangements with school\ndistricts, not-for-profits, or other organizations, to educate children\nto recognize the correct symbol and the program.\n b. For purposes of this subdivision:\n (i) the term "law enforcement agency" shall mean any agency or\ndepartment of any municipality or any police district employing a police\nofficer or police officers as that term is defined in paragraphs (b) and\n(d) of subdivision thirty-four of section 1.20 of the criminal procedure\nlaw; and\n (ii) the symbols provided by law enforcement agencies for purposes of\nthis program are the property of said agency.\n 3. Persons who are issued a symbol by a law enforcement agency shall:\n a. display it or any related or similar symbol or sign that is visible\nfrom the outside of their building only upon such terms and conditions\nas may be specified by the law enforcement agency; and\n b. return said symbol to the law enforcement agency immediately upon\ndemand therefor by said agency.\n 4. a. Any person who possesses, uses, or duplicates the symbol or sign\ncreated pursuant to subdivision one of this section, or any symbol\nauthorized for use pursuant to subdivision two of this section, without\ncomplying with the provisions of this section shall be liable for a\ncivil fine of fifty dollars.\n b. Possession, use or duplication of the symbol or sign created\npursuant to subdivision one of this section, or any symbol authorized\nfor use pursuant to subdivision two of this section, with the intent to\nattract children into the location for any purpose other than protecting\nthem when they are threatened is a misdemeanor.\n c. No symbol except the symbol authorized in subdivisions one or five\nof this section shall be used to designate a safe house.\n 5. Children's safe haven/safe home programs existing on the effective\ndate of this section may continue to use the same symbol on existing or\nnew locations and expand service areas using symbols in use on such\ndate.\n