1, Safe Harbor: First Year Evaluation Report June. The training must address child trafficking laws, methods to identify survivors, and the availability of specific child services. New Jersey § 2C: 13-8 Diversion provides officials with the ability to divert trafficked youth away from the justice system to programs and services that address their underlying needs. Then the penalty is a class II felony (50-year maximum sentence, one-year minimum). Wisconsin § 48.48 Training laws implemented by states have specified who must be trained, who must be involved in the development of training programs, appropriate coursework, risk assessment indicators for victim identification and collaboration standards between state agencies. Pennsylvania 18 § 3017 Michigan § 750.451 California Penal § 647 For example, current estimates for the number of American youth who are commercially sexually exploited range from 1,400 to 2 million according to the Institute of Medicine and National Research Council. Texas Family Code § 262.011 Safe Harbor’s 2nd Annual Conference – “Building Recovery: A Comprehensive Program for Survivors of Human Trafficking” Now Hiring: Case Manager for Human Trafficking Program; How to use a “Feelings Check-In” at home with your children | Self-Regulation Skills; Counselor’s Corner: “The Shake-Down Method” Additional national research, supported by the Office of Juvenile Justice and Delinquency Prevention, is underway to evaluate safe harbor laws. According to OVC, the fund is financed by fines and penalties paid by convicted federal offenders. Montana’s law provides youth with immunity from prostitution, promoting prostitution and non-violent offenses if they were being trafficked at the time of the offense. Among other things, it sets up a fund for those victims to get back on their feet. 4 0 obj Kentucky, Montana, North Dakota and Oklahoma, for example, require proof that a child is trafficked before they can benefit from criminal and/or juvenile court immunity. Texas Gov’t Code § 402.035 Florida § 796.001 Maryland HB 863 (2016) Rule 10B-18 of the Securities Exchange Act of 1934 defines safe harbor laws. As such, safe harbor laws offer protection when people show "good faith" efforts. The group’s charges were to evaluate the needs of youth survivors, identify current available public and private survivor services and develop recommendations for new legislation, data practices and funding. West Virginia § 30-29-3 Their specific duties include collecting and distributing research on child trafficking, referring survivors to rehabilitation services and developing biennial reports for making improvements to the state’s child trafficking prevention strategies. Minnesota also appropriated $800,000 per year for fiscal years 2016 and 2017 to fund emergency shelters, transitional housing and long-term housing beds for sexually exploited youth and youth at risk of sexual exploitation. Diversified services to target specific vulnerable groups (e.g. It also argues that current state activities to pass “Safe Harbor” statutes for trafficked children are inadequate and a more comprehensive, realistic framework needs to be created to truly assist and prevent child trafficking in the future. Department of Justice, March 2016. Vermont’s law prohibits anyone under 18 from being charged in adult court for prostitution, but allows them to be considered a juvenile or referred to the Department for Children and Families for treatment. New Hampshire § 645:2 Florida § 787.06 Collaboration and coordination of state entities and resources. Nebraska § 28-801 Washington’s law, for example, provides prosecutors with the ability to divert juveniles charged with prostitution for the second time into programs that provide safe housing, chemical dependency treatment, trauma treatment, employment training and other services. Jessica A. Pingleton, Finding Safe Harbor: Eliminating the Gap in Colorado’s Human Trafficking Laws, University of Colorado Law Review. Washington § 43.63A.740, Training to Recognize and Respond § 18259 Missouri § 566.223 Utah § 76-5-308.5 § 54.0326 Safe Harbor First Year Evaluation Report, Julie Atella, Laura Schauben, Emma Connell. The coordinator collects trafficking data, promotes human trafficking awareness and develops rules for the use of the state’s survivor fund. California Penal § 236.2 Services can include forensic evidence collection, counseling, shelter, substance abuse treatment, medical and mental health treatment and legal and education services. This brief identifies six themes in state safe harbor laws and provides policy alternatives within each theme. JUVENILE HUMAN TRAFFICKING, OHIO LAWS & SAFE HARBOR RESPONSE RED FLAGS IN JUVENILE HUMAN TRAFFICKING Juveniles are unlikely to self-identify as trafficking victims or ask for help to stop their exploitation, especially in open court. 16-71 They also established additional services focusing on trauma-informed care and culturally specific services and housing. Georgia §§ 49-5-8, 15-21-202 Washington § 18.71.080 California Revenue Code § 18809.1 Texas Fam. Meredith Bailey, Jennifer Wade, May 2014. For example, California’s law distributes 50 percent of forfeited funds from trafficking crimes to the Victim- Witness Assistance Fund and the other 50 percent to the agency administering the forfeiture. Unsafe Harbor, Lauren Jekowsky, Human Trafficking Center. 456) Connecticut § 46a-170 Minnesota §§ 609.3241, 5315 The money will be used for general operating costs, to train professionals who engage with exploited or at-risk youth, and for implementing statewide protocols and best practices. Texas Gov’t Code § 22.011 The law enables the fund to pay for services and treatment administered by the Department of Children and Family Services including residential housing, health services, and social services. North Dakota § 54-12-33 Minnesota was one of the first states to enact this safe harbor provision in 2011. North Carolina § 14-204 Policies created for this purpose are a subset of child trafficking measures often referred to as “safe harbor” laws. achieved, this proposal will improve public confidence in the law, and bring clarity and consistency to the Ohio Revised Code. Idaho § 18-8601 endobj New Jersey § 52:4B-47 In practice, this means presumptions of child rape and sex trafficking can be negated by handing a $5 bill to the underage victim. Kansas § 75-758 California Welf. District of Columbia § 22-1842 Laws differ in that some states provide criminal immunity to every person under 18, while other states require proof that the child is a trafficking survivor. Minnesota § 145.4716 Wyoming § 6-2-709, Increased Penalties for New Hampshire § 633:7 Ch. Florida § 409.1754 Twenty states and the District of Columbia have legislated prosecutorial immunity for trafficked youth, meaning children cannot be charged with certain statutorily specified crimes. There is no single profile of a trafficking victim according to the federal Office for Victims of Crime. By July 1st of each year, beginning in 2015, OPPAGA is required to report its findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives. In California, when police officers come into contact with a child that has engaged in a commercial sex act, the officer is required to assess numerous factors to determine if indications of trafficking are present. Wilder Research. OPPAGA’s 2016 report provided demographic data for 264 commercially sexually exploited children. %PDF-1.7 Laws vary on which officials have the authority to divert, whether youth must first admit guilt or be charged with a crime before they can receive services and whether the child will be designated as a youth in need of services. Louisiana § 46:2161 Connecticut § 46a-4b male and LBGTQ youth). Missouri § 566.210 Tennessee § 4-3-3001 Training to recognize and respond to trafficking crimes and its victims, Collaboration and coordination of state entities and resources. In 2016, Alabama enacted a law requiring all social and community services to be made available to child trafficking survivors. Michigan § 750.451 Iowa § 725.1 Following on the federal legislation, states in recent years have enacted “safe harbor” laws that provide for the coordination of services to child trafficking survivors, decriminalize youth involvement in trafficking, and increase penalties for traffickers of children. Funds for anti-trafficking efforts and survivor services. Research conducted by the Johns Hopkins Bloomberg School of Public Health will specifically focus on analyzing how safe harbor laws have affected arrests for sexually exploited children, affected justice outcomes for youth survivors and altered stakeholder responses to exploited youth. Vermont 13 § 2653 Under state and federal law, human trafficking does not require the movement of people across borders. Those who exploit other human beings for personal gain have no safe harbor in the Eastern District of Texas.” Often associated only … Existing statistics vary greatly and are mostly limited to sex trafficking. Every state has criminal penalties for traffickers, and at least 44 of them have increased penalties for those who commit these crimes, or related offenses, against children. Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, 2012 Georgia survey of law enforcement agencies and victim service providers. Safe Harbour: NY is a program that implements a system-level approach within existing child welfare and allied youth-serving systems, including Runaway-Homeless Youth programs (RHY), Probation, Persons In Need of Supervision (PINS), Youth Bureaus, and other critical partners. '?��ɇ�ͬ��f�����r�������tp��|���'a¿��A8H�k���C��ɗ� ʧO�.�>9y���O�� �A��AEA*���A�~J7�| �P>�/g��}���`���Ż�O^I ���ɮ�p&. Priority services include community based drop-in centers, emergency housing, and long-term safe homes. This website uses cookies to analyze traffic and for other purposes. Raising the age of safe harbor protections and services. Sess. Hawaii § 712-1202 Illinois 20 § 5085/5 3610 New Mexico § 30-52-2 Sex traffickers often target runaway and homeless youth, as well as children who have been abused or neglected. “The Trafficking Victims Protection Act (TVPA) of 2000 created the first comprehensive federal law to address human trafficking, with a significant focus on the international dimension of … Services may include counseling, trained advocates, support groups, shelter or safe housing, and more. Wyoming 6, Ch. endobj 1st Sp. Pennsylvania 18 § 5902 Connecticut § 53a-192a At least 24 states have legislatively created task forces, steering committees or director positions to improve stakeholder collaboration for responses to human trafficking. Montana created a human trafficking education account in the state special revenue fund for the purpose of preventing and detecting human trafficking. In 2016, legislation extended the group’s operation so they could further study legal protections and services for trafficked youth. § 300 Illinois 725 § 5/124B-305 Workgroup to Study Safe Harbor Policy for Youth Victims of Human Trafficking. Utah § 76-10-1302 Kentucky § 529.100 Tel: 202-624-5400 | Fax: 202-737-1069, Research, Editorial, Legal and Committee Staff, E-Learning | Staff Professional Development, Communications, Financial Services and Interstate Commerce, Safe Harbor: State Efforts to Combat Child Trafficking, Copyright 2021 by National Conference of State Legislatures. The opinions, findings, and conclusions or recommendations expressed in this product are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. Minnesota’s Safe Harbor Law ensures young people who are sexually exploited are treated as victims and survivors, not criminals. New Jersey § 52:17B-238 Kentucky § 620.029 The Stop Exploitation Through Trafficking Act, inspired by Minnesota’s groundbreaking Safe Harbor for Sexually Exploited Youth Act, seeks to encourage states to ensure that victims of human trafficking are not treated as criminals. A separate evaluation conducted by Development Services Group, Inc. will assess both the process and impact of implementing safe harbor laws on the provision of services to victims of commercial sexual exploitation. Louisiana § 40:2405.7 An evaluation of three service programs funded by OVC was conducted by the Research Triangle Institute. Signs officers must look for include: trauma, fatigue or injury; fear to speak; living and working in the same place and debt bondage. Which of the following is a component of Ohio’s Safe Harbor Law? Nebraska § 81-1429.02 Utah § 76-5-310 Kentucky § 529.120 Eighteen states and the District of Colombia provide both immunity and diversion opportunities for trafficked youth. Florida § 409.1754 Pennsylvania 18 § 3051 Proponents of immunity provisions contend that diversion, specifically diversion contingent upon an admission of guilt, harms youth by treating them as an offender in the justice system rather than as a survivor of trauma. The first report was issued in 2015 and produced results and process recommendations similar to the federal evaluation of OVC sites. Delaware 11 § 787 Oregon § 163.266 Safe Harbor Law. 2016] FINDING SAFE HARBOR 261 human trafficking laws.16 Democrats and Republicans alike advocated the passage of Colorado House Bill 1273 (“HB 1273”).17 Supporters of the bill argued that it would significantly improve the state’s ability to respond to trafficking situations and provide prosecutors with a broader, A complete Safe Harbor Law (1) prevents minors (any child under 18) from being prosecuted for prostitution and (2) directs juvenile sex trafficking victims to non-punitive specialized services. Montana § 45-5-702 & Inst. The six themes are: This report and webpage were supported by grant number 2015-VF-GX-K021, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Legislation assigns these groups many duties, including the authority to: study trafficking and make policy recommendations; administer, assist and coordinate the efforts of anti-trafficking stakeholders; and improve public awareness of trafficking crimes. for Actions by Trafficked Youth, Alabama § 13A-12-123 § 52:4B-44 Washington § 13.60.110 Nevada § 217.530 For example, a 2012 Georgia survey of law enforcement agencies and victim service providers revealed that law enforcement investigated 110 trafficking cases involving at least one child survivor (five cases involved labor trafficking), and victim service organizations provided services to 242 youth (one received labor trafficking services). stream Illinois 730 § 5/5-9-1.21, 30 § 105/5.865 Minnesota § 260C.007 Texas Government Code § 772.0063 The task force also is charged with facilitating information sharing amongst law enforcement and social services agencies, as well as, maximizing the efficiency of state resources. <>/Metadata 115 0 R/ViewerPreferences 116 0 R>> It ensures communities across Minnesota have the knowledge, skills and resources to effectively identify sexually exploited and at-risk youth. Maine § 853 An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for definitions, providing for concurrent jurisdiction, repealing provisions relating to appropriate implementation for minor victims of human trafficking, providing for special relief to restore victim's dignity … Rhode Island 11 § 11-67-7 An Analysis of Human Trafficking in Iowa January 1, 2016. Texas Government Code § 531.381. This brief identifies six themes in state safe harbor laws and provides policy alternatives within each theme. When adults are trafficked, the penalty is a class III felony, or a class IIA felony if force is used. The resulting 2015 report, “Evaluation of Services for Domestic Minor Victims of Human Trafficking,” made several recommendations including: In addition, the authors mentioned the need for more resources and echoed the importance of treating youth as survivors of trafficking and not as criminal offenders. At least 25 states have created funds in their treasury to pay for anti-trafficking efforts. “Children cannot consent to sex. The six themes are: Under the federal Trafficking Victims Protection Act, sex and labor trafficking are considered “severe forms of trafficking in persons,” and are defined as: Sex trafficking: A commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age. While not considered an aspect of safe harbor, these provisions similarly facilitated survivor cooperation with investigations. 87 U. Colo. L. Rev. Texas Human Res. Pennsylvania 18 § 3031 Beginning in 2011, The Advocates for Human Rights led Minnesota's efforts to eliminate the use of juvenile delinquency against trafficked youth and to ensure that comprehensive, victim-centered services are available statewide to meet the needs of victims.The Safe Harbor for Sexually Exploited Youth Act of 2011, excluded prostituted children from the definition of “delinquent … The District of Columbia requires all law enforcement officers, case managers and social workers in the District to receive a minimum of four hours training on human trafficking. Mississippi § 97-3-54.1 A June 2016 report by the Center for Court Innovation gauged that the number of youth involved in the sex trade nationally is between 4,500 and 21,000. Massachusetts law makes labor trafficking punishable by between 5 and 20 years in prison and a fine of up to $25,000. Funds are used by the Department of Justice to raise awareness about human trafficking and to educate the public and law enforcement on how to prevent and detect human trafficking in the state. & Inst. This approach leverages existing system strengths to create a more effective and … Texas Government Code § 772.0063 Oregon § 181A.480 Arkansas § 9-27-323 Texas estimates that operating the program will cost $2 million in general revenue each year through 2020. The crime victim’s advocacy office is required to provide a biennial report to the legislature on the effectiveness of the statewide training program. You consent to the use of cookies if you use this website. Minnesota § 299A.79 In 2016, Connecticut also became the sixth state to require trafficking training for members of private industry. Delaware raises labor trafficking from a class C to a class B felony when committed against a minor. Connecticut § 54-234 91 (H.B. Increased collaboration among service providers. Louisiana § 725.3 New Jersey § 52:17B-237 California Penal § 266k In Minnesota, fines for trafficking crimes are distributed to the Safe Harbor for Youth Account. Michigan § 333.16148 A safe harbor law states that certain types of behavior are not considered violations as long as they fall under a given rule. 2016 Connecticut P.A. Tennessee § 71-1-135 Furthermore, the state appropriated $700,000 per year for fiscal years 2016 and 2017 for the continued operation of the state’s safe harbor program. Mississippi § 97-3-54.8 California Welfare and Institutions Code 2 0 obj Michigan § 752.975 Missouri § 566.211 If the child is a trafficking survivor then the supervising agency shall place the child in a setting that provides mental health services, counseling, or other specialized services that are necessary. In the workgroup’s December 2015 report, they issued 10 recommendations, including calling for prosecutorial immunity for youth involved in the sex trade, establishing statewide protocols for addressing runaway and missing children and expanding the state’s definition of child abuse to include sex trafficking. New York Soc. Provides victims under the age of 18 with legal protection and provision of services. Nebraska § 43-4218 Due to the difficulty in refining. Primarily designed to target individuals who exploit children for sexual purposes by increasing penalties and prison sentences, the "Human Trafficking Victims … Missouri § 566.223 State officials are required to consult with prostitution and human trafficking advocates, survivors, and service providers to identify priority service needs in their respective communities. Washington, D.C. 20001 South Carolina § 16-3-2020 Minnesota § 626.558 Connecticut law enables the Commissioner of Children and Families to provide training to law enforcement officials regarding child trafficking. This report identifies six themes in state safe harbor laws and provides policy alternatives within each theme. Texas law, for example, requires the governor to create a program that provides comprehensive, individualized rehabilitation and treatment services to child sex trafficking survivors. In New York, children ages 15 and under cannot be prosecuted for prostitution. Colorado § 18-3-505 South Dakota § 22-49-2 Child trafficking crimes—actions that facilitate the commercial sexual exploitation or forced labor of youth— present difficult criminal justice and human services challenges for government officials. Pennsylvania 18 § 3011 Provision of services for youth survivors. New Mexico § 30-52-1 Arizona § 13-705 Ohio § 5101.87 If the crime is committed against a child, who was also coerced or deceived into being trafficked, then the offender must be imprisoned between 25 and 50 years, but the fine remains the same. The law provides a three-pronged approach that includes prevention, protection, and prosecution. Wisconsin § 944.30 Virginia § 18.2-357.1 Florida § 409.1678 Indiana § 5-2-1-9 Arizona § 13-1307 The unit’s directive is to assist agencies in leveraging state resources to combat child sex trafficking. x��=�r�8���?�Qڊh�u+�9��L����$>Im��,Ӷ��1�\���� xt3�TY�(��h���ɋ���z2] �??y�ZM����������? South Carolina § 16-3-2050 Wisconsin § 948.051 Increased penalties for traffickers of children. Kentucky § 630.125 The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to address trafficking in persons. Alabama also prohibits sexually exploited children from being prosecuted for prostitution. 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Directive is to assist agencies in leveraging state resources to effectively identify sexually exploited children from prosecuted! Crime Act, assists victim service providers is used within their borders cooperation... Utah ’ s anti-trafficking initiatives aims to provide person-centered services by the enactment of safe policy... And at-risk youth crimes are distributed to the federal Crime victims fund, which is financed by fines and paid... Profile of a trafficking victim according to the use of the entities are charged with trafficking! Several states have groups charged with addressing trafficking generally, while at least 6 states also... State resources to combat child sex trafficking cases up a fund for the use of the ’.