New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle U - Division of Criminal Justice Services
Chapter VI - Fair Treatment Standards For Crime Victims
Part 6174 - Confirmation As A Victim Of Human Trafficking
Section 6174.3 - Confirmation as a human trafficking victim
Current through Register Vol. 46, No. 12, March 20, 2024
(a) As soon as practicable after a first encounter with a person who reasonably appears to a statutory referral source to be a human trafficking victim, that agency, office or provider shall notify the Human Trafficking Director and the Office on a form and in a manner prescribed by the Commissioner. Provided, however, in the case of an established provider of social or legal services, such established provider shall make the notification if the victim consents to seeking services pursuant to Article 10-D of the Social Services Law.
(b) Within three business days after receipt of such referral, the Human Trafficking Director, after consultation with the office, shall make a determination whether the person appears to either:
(c) If upon good cause, and after consultation with the office, the Director of Human Trafficking determines that more time is required to make such determination, the Director of Human Trafficking may extend the time period set forth in subdivision (b) of this section.
(d) In making such determination, the Human Trafficking Director shall consider, among other things:
(e) If the Human Trafficking Director determines that the person 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, or appears to be otherwise eligible for any Federal, State or local benefits and services, he or she shall immediately notify the Office in writing which shall thereafter notify the victim and the statutory referral source , and the Office may assist the victim and statutory referral source in making services available to the victim.
(f) If the Human Trafficking Director determines that the person does not appear 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, or does not appear to be otherwise eligible for any Federal, State or local benefits and services, he or she shall immediately notify in writing the victim, the statutory referral source , and the Office.
(g) The Human Trafficking Director shall issue to the victim, the Office, and statutory referral source a written explanation setting forth the basis for his or her determination within 10 business days of receipt of the referral.