New York § 483-CC - 483-CCConfirmation as a victim of human trafficking

§ 483-CC. 483-CCConfirmation as a victim of human trafficking

§ 483-cc. Confirmation as a victim of human trafficking. (a) As soon as practicable after a first encounter with a person who reasonably appears to a law enforcement agency, district attorney's office, or an established provider of social or legal services designated by the office of temporary and disability assistance, the office for the prevention of domestic violence or the office of victim services to be a human trafficking victim, that law enforcement agency or district attorney's office shall notify the office of temporary and disability assistance and the division of criminal justice services that such person may be eligible for services under this article or, in the case of an established provider of social or legal services, shall notify the office of temporary and disability assistance and the division of criminal justice services if such victim consents to seeking services pursuant to this article. (b) Upon receipt of such a notification, the division of criminal justice services, in consultation with the office of temporary and disability assistance and the referring agency or office, shall make a preliminary assessment of whether such victim or possible victim appears to meet the criteria for certification as a victim of a severe form of trafficking in persons as defined in section 7105 of title 22 of the United States Code (Trafficking Victims Protection) or appears to be otherwise eligible for any federal, state or local benefits and services. If it is determined that the victim appears to meet such criteria, the office of temporary and disability assistance shall report the finding to the victim, and to the referring law enforcement agency or district attorney's office, and may assist that agency or office in having such victim receive services from a case management provider who may be under contract with the office of temporary and disability assistance, or from any other available source. If the victim or possible victim is under the age of eighteen, the office of temporary and disability assistance also shall notify the local department of social services in the county where the child was found. (c) Promptly upon an encounter with a person who reasonably appears to a law enforcement agency or district attorney's office to be a human trafficking victim, or a person who identifies himself or herself as a human trafficking victim, such law enforcement agency or district attorney's office shall advise such person of the availability of the services of specific, established providers of social and legal services to human trafficking victims. Each local department of social services shall maintain and shall update, at least once annually, a list of established providers of social and legal services to human trafficking victims within the social services district, which shall be provided, at least once annually, to law enforcement agencies and district attorney's offices within the district. In order to communicate effectively with such person, the law enforcement agency or district attorney's office may provide such individual with a brochure or other written material, including by informing the individual where such written materials are available online, translated into the six most common non-English languages spoken by individuals with limited English proficiency in the state or in the applicable county, city, or town; provided, however, where such person is not proficient in one of such languages, the law enforcement agency or district attorney's office shall make reasonable efforts to communicate effectively with such person, using an interpreter or interpretation services, where practicable. Unless, after receiving such advice, the apparent victim expresses that he or she does not wish the presence of a representative of such an established provider of social or legal services, the law enforcement agency or district attorney's office shall offer to contact the appropriate provider or providers and connect such provider or providers with the apparent victim. Nothing in this subdivision shall affect any obligation such law enforcement agency or district attorney's office may have to provide any information or assistance to such person.