§ 483-CC — Confirmation as a victim of human trafficking

New York § 483-CC

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 10-D: Services For Victims of Human Trafficking

Text

§ 483-cc. Confirmation as a victim of human trafficking. (a) As soon\nas practicable after a first encounter with a person who reasonably\nappears to a law enforcement agency, district attorney's office, or an\nestablished provider of social or legal services designated by the\noffice of temporary and disability assistance, the office for the\nprevention of domestic violence or the office of victim services to be a\nhuman trafficking victim, that law enforcement agency or district\nattorney's office shall notify the office of temporary and disability\nassistance and the division of criminal justice services that such\nperson may be eligible for services under this article or, in the case\nof an established provider of social or legal services, shall notify the\noffice of temporary and disability assistance and the division of\ncriminal justice services if such victim consents to seeking services\npursuant to this article.\n (b) Upon receipt of such a notification, the division of criminal\njustice services, in consultation with the office of temporary and\ndisability assistance and the referring agency or office, shall make a\npreliminary assessment of whether such victim or possible victim appears\nto meet the criteria for certification as a victim of a severe form of\ntrafficking in persons as defined in section 7105 of title 22 of the\nUnited States Code (Trafficking Victims Protection) or appears to be\notherwise eligible for any federal, state or local benefits and\nservices. If it is determined that the victim appears to meet such\ncriteria, the office of temporary and disability assistance shall report\nthe finding to the victim, and to the referring law enforcement agency\nor district attorney's office, and may assist that agency or office in\nhaving such victim receive services from a case management provider who\nmay be under contract with the office of temporary and disability\nassistance, or from any other available source. If the victim or\npossible victim is under the age of eighteen, the office of temporary\nand disability assistance also shall notify the local department of\nsocial services in the county where the child was found.\n (c) Promptly upon an encounter with a person who reasonably appears to\na law enforcement agency or district attorney's office to be a human\ntrafficking victim, or a person who identifies himself or herself as a\nhuman trafficking victim, such law enforcement agency or district\nattorney's office shall advise such person of the availability of the\nservices of specific, established providers of social and legal services\nto human trafficking victims. Each local department of social services\nshall maintain and shall update, at least once annually, a list of\nestablished providers of social and legal services to human trafficking\nvictims within the social services district, which shall be provided, at\nleast once annually, to law enforcement agencies and district attorney's\noffices within the district. In order to communicate effectively with\nsuch person, the law enforcement agency or district attorney's office\nmay provide such individual with a brochure or other written material,\nincluding by informing the individual where such written materials are\navailable online, translated into the six most common non-English\nlanguages spoken by individuals with limited English proficiency in the\nstate or in the applicable county, city, or town; provided, however,\nwhere such person is not proficient in one of such languages, the law\nenforcement agency or district attorney's office shall make reasonable\nefforts to communicate effectively with such person, using an\ninterpreter or interpretation services, where practicable. Unless, after\nreceiving such advice, the apparent victim expresses that he or she does\nnot wish the presence of a representative of such an established\nprovider of social or legal services, the law enforcement agency or\ndistrict attorney's office shall offer to contact the appropriate\nprovider or providers and connect such provider or providers with the\napparent victim. Nothing in this subdivision shall affect any obligation\nsuch law enforcement agency or district attorney's office may have to\nprovide any information or assistance to such person.\n