N.Y. Correction Law § 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.