New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6174
Executive Department
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5 sections
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9 NYCRR 6174.1 - Purpose
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-03-16-00002-A · Adopted rule
- Related notice published
- Jun 8, 2016
- Related notice effective date
- Jun 8, 2016
The provisions of this Part shall govern the division's determination whether an individual 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 and, if so, referral for services, as provided in Social Services Law, section 483-cc.
9 NYCRR 6174.2 - Definitions
Source version current through Apr 15, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
- Related Register notice
- CJS-03-16-00002-A · Adopted rule
- Related notice published
- Jun 8, 2016
- Related notice effective date
- Jun 8, 2016
When used in this Part:
(a)The term human trafficking victim shall mean a person who is a victim of sex trafficking as defined in section 230.34 of the Penal Law or a victim of labor trafficking as defined in section 135.35 of the Penal Law.
(b)The term division shall mean the Division of Criminal Justice Services.
(c)The term commissioner shall mean the commissioner of the Division of Criminal Justice Services.
(d)The term Human Trafficking Director shall mean the Human Trafficking Director within the Division of Criminal Justice Services.
(e)The term office shall mean the Office of Temporary and Disability Assistance.
(f)The term statutory referral source shall mean either:
(1)the law enforcement agency or district attorney's office; or
(2)an established provider of social or legal services designated by the office, the Office for the Prevention of Domestic Violence, or the Office of Victim Services that, as soon as practicable after a first encounter with a person who reasonably appears to be a human trafficking victim, refers such human trafficking victim to the division and the office for assessment as a State-confirmed human trafficking victim. Provided, however, in the case of an established provider of social or legal services, such established provider shall make a referral if the victim consents to seeking services pursuant to article 10-D of the Social Services Law.
9 NYCRR 6174.3 - Confirmation as a human trafficking victim
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-03-16-00002-A · Adopted rule
- Related notice published
- Jun 8, 2016
- Related notice effective date
- Jun 8, 2016
(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.
9 NYCRR 6174.4 - Appeal
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-03-16-00002-A · Adopted rule
- Related notice published
- Jun 8, 2016
- Related notice effective date
- Jun 8, 2016
(a)A determination by the Human Trafficking Director that the person does not appear to either 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 be otherwise eligible for any Federal, State, or local benefits and services may be appealed to the commissioner.
(b)Such appeal shall set forth the reasons why the appellant believes the determination rendered by the Human Trafficking Director was incorrect, and shall be filed with the commissioner in writing within 20 business days of issuance of the Human Trafficking Director's written explanation.
(c)The commissioner, after consultation with the office, shall issue a written response to the appellant, the office, and the statutory referral source within 15 business days of receipt of the written appeal. If the commissioner determines that the appellant does appear to either 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 be otherwise eligible for any Federal, State, or local benefits and services, the office may assist the victim and statutory referral source in receiving services.
9 NYCRR 6174.5 - Consultation with the office
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-03-16-00002-A · Adopted rule
- Related notice published
- Jun 8, 2016
- Related notice effective date
- Jun 8, 2016
The division shall consult with the office regarding the confirmation of human trafficking victims pursuant to Social Services Law, section 483-cc, including, but not limited to, the form and manner in which a statutory referral source shall refer a person who reasonably appears to be a human trafficking victim.