Laws of New York

Correction Law

Consolidated Laws of New York

Article 6C - NY Correction Law

Section Description
168-P Special telephone number
S 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
    (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.
    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.

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