2023 New York Laws › COR - Correction › Article 6-C - Sex Offender Registration Act › 168-P - Special Telephone Number.

§  168-p. Special telephone number. 1. Pursuant to section one hundred
sixty-eight-b of  this  article,  the  division  shall  also  operate  a
telephone  number that members of the public may call free of charge and
inquire whether a named individual required to register pursuant to this
article is listed. The division shall ascertain whether a  named  person
reasonably  appears to be a person so listed and provide the caller with
the relevant information according to risk as described  in  subdivision
six  of  section one hundred sixty-eight-l of this article. The division
shall decide whether the named person reasonably appears to be a  person
listed,  based  upon  information  from the caller providing information
that shall include (a) an  exact  street  address,  including  apartment
number,  driver's  license  number  or birth date, along with additional
information that may include social security  number,  hair  color,  eye
color,  height,  weight,  distinctive  markings,  ethnicity;  or (b) any
combination of the above listed characteristics if an exact  birth  date
or  address  is  not available. If three of the characteristics provided
include  ethnicity,  hair  color,  and  eye  color,  other   identifying
characteristics  shall  be  provided.  Any  information  identifying the
victim by name, birth date, address or relation to the person listed  by
the division shall be excluded by the division.
2.  When  the  telephone  number is called, a preamble shall be played
which shall provide the following information:
(a) notice that the caller's telephone number will be recorded;
(b) that there is no charge for use of the telephone number;
(c) notice that the caller is required to identify himself or  herself
to the operator and provide current address and shall be maintained in a
written record;
(d)  notice that the caller is required to be eighteen years of age or
older;
(e) a warning that it is illegal to use information  obtained  through
the  telephone  number to commit a crime against any person listed or to
engage in illegal discrimination or harassment against such person;
(f) notice that the  caller  is  required  to  have  the  birth  date,
driver's   license   or  identification  number,  or  address  or  other
identifying information regarding the person about whom  information  is
sought in order to achieve a positive identification of that person;
(g)  a  statement  that the number is not a crime hotline and that any
suspected criminal activity should be reported to local authorities;
(h) a statement that an  information  package  which  will  include  a
description  of the law and sex abuse and abduction prevention materials
is available upon request from the division.  Such  information  package
shall  include  questions  and answers regarding the most commonly asked
questions about the sex offender registration act, and current sex abuse
and abduction prevention material.
2-a. (a) The division shall establish a  program  allowing  non-profit
and not-for-profit youth services organizations to pre-register with the
division for use of the telephone number. Pre-registration shall include
the  identification  of  up to two officials of the organization who may
call the telephone number  and  obtain  information  on  behalf  of  the
organization. A pre-registered certificate issued under this subdivision
shall be valid for two years, unless earlier revoked by the division for
good  cause  shown.  No  fee  shall  be  charged to an applicant for the
issuance of a pre-registered certificate pursuant to this subdivision.
(b) An organization granted a pre-registered certificate  pursuant  to
this subdivision may, upon calling the telephone number, inquire whether
multiple  named  individuals  are  listed  on the sex offender registry.
Notwithstanding any per call limitation the division may place on  calls
by  private  individuals,  the  division shall allow such pre-registered

organizations to inquire about up to twenty prospective coaches, leaders
or volunteers in each call to the telephone number.
(c)  For  purposes  of this subdivision, "youth services organization"
shall mean a formalized program operated by a  corporation  pursuant  to
subparagraph  five  of  paragraph  (a) of section one hundred two of the
not-for-profit corporation law that functions primarily to: (a)  provide
children  the  opportunity  to  participate in adult-supervised sporting
activities; or (b) match children  or  groups  of  children  with  adult
volunteers  for  the  purpose  of  providing children with positive role
models to enhance their development.
2-b. The division shall maintain a program allowing  a  transportation
network  company  (TNC),  as defined in section one thousand six hundred
ninety-one of the vehicle and  traffic  law,  to  electronically  submit
multiple  names, and other necessary identifying information as required
by the division and in accordance with subdivision one of this  section,
of  applicants applying to be TNC drivers for the purpose of determining
whether such applicants are listed on the sex offender registry pursuant
to  this  article.  The  division  shall   respond   to   such   inquiry
electronically,  within  four  business days, and notify such TNC of any
such applicant who is listed on the registry pursuant to this article. A
TNC  shall  pre-register  with  the  division  before   the   electronic
submission of names and shall agree in writing that information obtained
by  a  TNC pursuant to this subdivision be used only for the purposes of
determining eligibility of an applicant for a TNC  permit,  pursuant  to
sections  one  thousand  six  hundred  ninety-six  and  one thousand six
hundred ninety-nine of  the  vehicle  and  traffic  law,  by  designated
employees of such TNC and that such information shall not be distributed
or disclosed except as specifically authorized by law.
3.  Whenever  there  is reasonable cause to believe that any person or
group of persons is engaged in a pattern or practice of  misuse  of  the
telephone  number,  the  attorney  general, any district attorney or any
person aggrieved by the misuse of the number is authorized  to  bring  a
civil  action  in  the  appropriate  court requesting preventive relief,
including an  application  for  a  permanent  or  temporary  injunction,
restraining  order or other order against the person or group of persons
responsible for  the  pattern  or  practice  of  misuse.  The  foregoing
remedies  shall  be independent of any other remedies or procedures that
may be available to an aggrieved party under other  provisions  of  law.
Such  person  or group of persons shall be subject to a fine of not less
than five hundred dollars and not more than one thousand dollars.
4. The division shall submit to the legislature an  annual  report  on
the  operation of the telephone number. The annual report shall include,
but not be limited to, all of the following:
(a) number of calls received;
(b) a detailed outline of the amount of money expended and the  manner
in which it was expended for purposes of this section;
(c)  number  of calls that resulted in an affirmative response and the
number of calls that resulted in a  negative  response  with  regard  to
whether a named individual was listed;
(d) number of persons listed; and
(e)  a  summary  of  the success of the telephone number program based
upon selected factors.