N.Y. Comp. Codes R. & Regs. tit. 9 § 6174.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 6174.3 - Confirmation as a human trafficking victim

(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:

(1) 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

(2) be otherwise eligible for any Federal, State, or local benefits and services.

(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:

(1) the age and citizenship of the person, if known;

(2) the facts and circumstances surrounding the victimization upon which the referral is based;

(3) the facts and circumstances regarding the Penal Law trafficking crime committed against the victim;

(4) whether the person had been recruited, harbored, transported, provided, or obtained for labor or services through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery;

(5) whether the person had been recruited, harbored, transported, provided, or obtained for the purpose of a commercial sex act induced by force, fraud, or coercion; or

(6) whether the person had been recruited, harbored, transported, provided, or obtained for the purpose of a commercial sex act and the person induced to perform such act was less than 18 years old; and

(7) whether the person:

(i) is willing to assist in every reasonable way with respect to the investigation and prosecution of severe forms of trafficking or of State and local crimes where severe forms of trafficking in persons appear to have been involved; and

(ii) whether the person appears to meet the criteria for a bona fide application for a visa under section 1101(a)(15)(T) of title 8 of the United States Code or is a person whose continued presence in the United States the United States Attorney General and the United States Secretary of Homeland Security are likely to ensure in order to effectuate prosecution of trafficking in persons.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6174.3

Amended New York State Register June 8, 2016/Volume XXXVIII, Issue 23, eff. 6/8/2016