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This entry was published on 2022-03-04
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SECTION 483-CC
Confirmation as a victim of human trafficking
Social Services (SOS) CHAPTER 55, ARTICLE 10-D
§ 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.