2023 New York Laws › SOS - Social Services › Article 10-D - Services for Victims of Human Trafficking › 483-CC - Confirmation 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.