On behalf of the Massachusetts Interagency Human Tra5cking Policy Task Force, I am pleased to present this
report for your consideration. Human tra5cking is a brutal and dehumanizing crime and, because of its nature, it
is often unreported. Unlike the sale of guns and drugs, which when sold are gone for good, a tra5cked person may
be sold over and over for labor, sex or both. Experts estimate that the sale of women, children and men annually
generates $32 billion internationally.
On behalf of the Massachusetts Interagency Human Tra5cking Policy Task Force, I am pleased to present this
report for your consideration. Human tra5cking is a brutal and dehumanizing crime and, because of its nature, it
is often unreported. Unlike the sale of guns and drugs, which when sold are gone for good, a tra5cked person may
be sold over and over for labor, sex or both. Experts estimate that the sale of women, children and men annually
generates $32 billion internationally.
On behalf of the Massachusetts Interagency Human Tra5cking Policy Task Force, I am pleased to present this
report for your consideration. Human tra5cking is a brutal and dehumanizing crime and, because of its nature, it
is often unreported. Unlike the sale of guns and drugs, which when sold are gone for good, a tra5cked person may
be sold over and over for labor, sex or both. Experts estimate that the sale of women, children and men annually
generates $32 billion internationally.
On behalf of the Massachusetts Interagency Human Tra5cking Policy Task Force, I am pleased to present this
report for your consideration. Human tra5cking is a brutal and dehumanizing crime and, because of its nature, it
is often unreported. Unlike the sale of guns and drugs, which when sold are gone for good, a tra5cked person may
be sold over and over for labor, sex or both. Experts estimate that the sale of women, children and men annually
generates $32 billion internationally.
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Massachusetts Interagency
Human Trafcking Policy
Task Force Fixiixcs axi Ricoxxixiarioxs Aucusr 1,, :o1 Massachusetts Interagency Human Trafcking Policy Task Force Massachusetts Interagency Human Trafcking Policy Task Force Tanii oi Coxrixrs Message from the Chair .......................................................................................................7 Structure of the Task Force ...................................................................................................9 Executive Summary............................................................................................................ 11 Tramcking in Massachusetts ............................................................................................... 15 Recommendations for Enectively Addressing Human Tramcking in Massachusetts ............ 19 Victim Services ........................................................................................................................ 19 1. Summary of Recommendations ...................................................................................................19 2. Importance of Victim Services ....................................................................................................19 3. Current Practices ........................................................................................................................20 4. Recommendations ......................................................................................................................24 Demand Reduction .................................................................................................................. 32 1. Summary of Recommendations ...................................................................................................32 2. Importance of Demand Reduction ..............................................................................................32 3. Current Practices ........................................................................................................................32 4. Recommendations ......................................................................................................................34 Data Collection and Information Sharing ................................................................................ 37 1. Summary of Recommendations ..................................................................................................37 2. Importance of Data Collection and Information Sharing ..........................................................37 3. Current Data Collection Practices .............................................................................................37 4. Recommendations ......................................................................................................................39 Education and Training ........................................................................................................... 44 1. Summary of Recommendations ..................................................................................................44 2. Importance of Education and Training .......................................................................................44 3. Current Practices ........................................................................................................................45 4. Recommendations ......................................................................................................................45 Table of Contents 3 Massachusetts Interagency Human Trafcking Policy Task Force Public Awareness ....................................................................................................................... 54 1. Summary of Recommendations .................................................................................................54 2. Importance of Public Awareness .................................................................................................54 3. Current Practices .......................................................................................................................54 4. Recommendations: ....................................................................................................................55 Labor Tramcking ............................................................................................................... 57 Implementation Plan ........................................................................................................ 58 District Attorney Omces Multidisciplinary Teams (DAO MDTs) ............................................. 58 Minor Victims of Sex Tramcking .............................................................................................. 58 Safe House ................................................................................................................................ 59 Education and Training ............................................................................................................ 60 Appendices......................................................................................................................... 61 Appendix A: Victim Services - Model Programs ..............................................................................63 Appendix B: Victim Services - Information for Law Enforcement ..................................................65 Appendix C: Victim Services - Legislative Issue Brief .......................................................................67 Appendix D: Draft Screening Instruments for Minors and Adults ...................................................69 Appendix E: Draft Protocol for Screening and Referring Minor Victims .........................................71 Appendix F: Draft Protocol for Screening and Referring Adult Victims ...........................................73 Appendix G: Draft Dennitions of Human Tramcking .....................................................................75 Appendix H: Data Collection and Information Sharing - Items for Consideration ..........................77 Appendix I: Data Collection and Information Sharing System Considerations ................................81 Appendix J: Public Awareness ..........................................................................................................83 Appendix K: Secondary Public Awareness Research Findings Summary...........................................85 Appendix L: Legislative Language ....................................................................................................89 Appendix M: Short, Mid, and Long Term Goals .............................................................................91 Appendix N: Subcommittee Membership .......................................................................................95 4 Table of Contents Massachusetts Interagency Human Trafcking Policy Task Force 5 Massachusetts Interagency Human Trafcking Policy Task Force 6 Massachusetts Interagency Human Trafcking Policy Task Force Missaci iiox rui Cuaii On behalf of the Massachusetts Interagency Human Tramcking Policy Task Force, I am pleased to present this report for your consideration. Human tramcking is a brutal and dehumanizing crime and, because of its nature, it is often unreported. Unlike the sale of guns and drugs, which when sold are gone for good, a tramcked person may be sold over and over for labor, sex or both. Experts estimate that the sale of women, children and men annually generates $32 billion internationally 1 . With the passage of Chapter 178 of the Acts of 2011, Massachusetts took a stand to end human tramcking in our state. A task force was formed as part of that enort to examine the issue and make recommendations to help identify tramcking victims, strengthen our ability to assist survivors, and end tramcking in our state. Te result is this report. Te recommendations included here renect a collaborative enort that harnessed the passion and expertise of individuals representing victim services, academia, law enforcement, public policy and state government. Over the past 18 months, we have worked to identify, study, and agree upon the most enective and emcient ways to address tramcking. Our hope is that this report provides a comprehensive approach for Massachusetts to address human tramcking. However, we are also keenly aware that this report is a beginning rather than an end. At the center of this report are our recommendations relative to victim services, demand reduction, data collection and sharing, training and education, and public awareness. While any of the recommendations can stand alone, we developed them to be complementary and build on each other in a way that supports the most proncient use of resources. It is seldom that all parties to a project agree on and bring such enthusiasm to the same course of action. It is this agreement and enthusiasm that we hope will motivate all of us to work to implement these recommendations across the Commonwealth. Tank you for the opportunity to examine this important problem and begin to chart a course to end human tramcking in the Commonwealth once and for all. Martha Coakley Massachusetts Attorney General 1 United Nations Omce on Drugs and Crime, Factsheet on Human Trafcking. available at http://www.unodc.org/documents/ human-tramcking/UNVTF_fs_HT_EN.pdf (last visited Aug. 12, 2013). Message From the Chair 7 Massachusetts Interagency Human Trafcking Policy Task Force 8 Massachusetts Interagency Human Trafcking Policy Task Force Sriucruii oi rui Tasx Foici On November 21 st , 2011, Governor Patrick signed into law, House Bill 3808, An Act Relative to the Commercial Exploitation of People, legislation sponsored by House Judiciary Chairman Eugene OFlaherty and Senator Mark Montigny. 2 Te law went into enect on February 19 th , 2012. In brief, the legislation created the new crimes of tramcking and increased penalties for existing crimes, expanded the reporting obligations of mandated reporters, authorized the forfeiture of tramcking onender assets be placed into a trust fund for victims and created an Interagency Human Tramcking Task Force to continue to address tramcking issues. 3
Specinc to the crimes, the legislation established new state crimes of human tramcking for sexual servitude and forced labor, enticement of a child by means of electronic communication and organ tramcking. Each crime included penalties, along with heightened prison terms if the victim is under 18 years old. Additionally, the legislation increased penalties for solicitation of a prostitute and engaging in sex for a fee. In addition to amending crimes in the General Laws, the legislation also made four other signincant changes. First, the law now requires mandated reporters to report victims of human tramcking. Additionally, the Department of Children and Families, through a qualined multidisciplinary team, must assess whether a child has been sexually exploited and create a plan to protect the child. Second, the law provides a safe harbor provision for child victims, a presumption that any child charged with common night walking or prostitution is indeed a victim of tramcking and not a criminal. Tird, the law established a Victims of Human Tramcking Trust Fund to assure assets forfeited and assessments collected from tramcking related onenses are deposited and then distributed to victims. Lastly, the law mandated an inter-agency Task Force, chaired by the Attorney General, to address all aspects of human tramcking. Tis Human Tramcking Task Force is responsible for examining and developing recommendations for all aspects of human tramcking, including policy changes. Trough these well examined facets, the Task Force is able to recommend how to strengthen state and local enorts to combat and prevent human tramcking, as well as assist human tramcking victims and alert the public of this ongoing problem. Since its nrst meeting on February 29 th 2012, the Task Force has formally met nine times. Chaired by Attorney General Martha Coakley, the legislation mandated membership from various state agencies and gubernatorial appointments in the areas of victim service and academia. Te Task Force is made up of representatives from 19 dinerent organizations. Following are the individuals who represent their organizations on the committee: 2 2011 Mass. Acts of 2011 chapter 178. 3 Te legislation also made changes to the rape shield Mass. Gix. Laws ch. 233, 21B law c. 233 section 21B and created conndentiality protection with human tramcking caseworkers Mass. Gix. Laws ch. 233, 20M. Structure of the Task Force 9 Massachusetts Interagency Human Trafcking Policy Task Force Timothy Alben, Colonel and Superintendent, Massachusetts State Police Andrea Cabral, Secretary, Executive Omce of Public Safety Chris Carroll, Division of Professional Licensure Martha Coakley, Attorney General, Omce of the Attorney General Ronald P. Corbett Jr., Acting Commissioner, Omce of Probation Julie Dahlstrom, Lutheran Social Services and Boston University School of Law Human Tramcking Clinic Edward Davis, Commissioner, Boston Police Department Stephanie DeCandia, Boston Area Rape Crisis Center Amy Farrell, Northeastern Universitys Institute on Race and Justice Janet Fine, Executive Director, Massachusetts Omce for Victim Assistance Lisa Goldblatt Grace, My Life My Choice Susan Goldfarb, Childrens Advocacy Center of Sunolk County Sheridan Haines, Executive Omce of Public Safety Mary Elizabeth Henernan, Secretary, Executive Omce of Public Safety Pi Heseltine, Sergeant, Massachusetts State Police Cherie Jimenez, Te E.V.A. Center Mark Kmetz, Division of Professional Licensure Ellen Lemire, Massachusetts District Attorneys Association Liam Lowney, Massachusetts Omce for Victim Assistance Josiane Martinez, Omce for Refugee and Immigrants Mary McCauley, Sergeant, Massachusetts State Police Angelo McClain, Commissioner, Department of Children and Families Marian J. McGovern, Colonel and Superintendent, Massachusetts State Police Colin Moore, Department of Children and Families Audrey Morrissey, My Life My Choice Dave Murphy, Department of Children and Families Kelly Nee, Deputy Superintendent, Boston Police Department Michael O'Keefe, Massachusetts District Attorneys Association Tom Pasquarello, Chief of Police at Somerville Police Department, Massachusetts Police Chiefs Association Diane Richard, Omce of Probation Olga I. Roche, Acting Commissioner, Department of Children and Families Heather E. Rowe, Director, Department of Labor Standards Wayne Sampson, Executive Director, Massachusetts Police Chiefs Association Ellen Slaney, Commissioner, Omce of Probation Geline Williams, Executive Director, Massachusetts District Attorneys Association In order to engage members in the most enective way possible, the responsibilities and members of the Task Force were divided into subcommittees. 4 Each subcommittee was chaired by two members of the Task Force and subcommittee membership comprised of Task Force Members and additional subject matter experts. Tis structure provided for a place for members to engage enectively in the work. It also provided a way for the Task Force to engage as many relevant experts as possible who were not formally named to the Task Force. Finally, it enabled the Task Force to build enective and long term working relationships between non-governmental and governmental agencies and service provider that would exist past the life of the Task Force. 4 Please see Appendix N for subcommittee membership. 10 Structure of the Task Force Massachusetts Interagency Human Trafcking Policy Task Force Exicurivi Suxxai\ Te Massachusetts state legislature, in creating the Interagency Human Tramcking Task Force, created a forum for the appropriate governmental agencies and human tramcking experts to convene and draft innovative, comprehensive solutions to prevent human tramcking when possible, address perpetrators when not, and attend to the needs of survivors in the aftermath of the crime. 5 Tis report the task force hopes provides a clear road map to address the issue of human tramcking in Massachusetts. Tese recommendations are neither complex nor resource intensive. Te Task Force is conndent that these recommendations will save the Commonwealth resources over the long term, and if implemented correctly, can act as a model for other states, as law enforcement and victim services are coordinated in new ways. Te Commonwealth is fortunate to have nationally renowned human tramcking service providers and researchers. Tese experts brought their local, state, national and international expertise to the table. Te recommendations renect best practices in addressing tramcking across the nation. Te report makes recommendations in the areas of victim services, demand reduction, data collection and information sharing, education and training, and public awareness. Each recommendation section is divided by subcommittee topic area. Within each section, there are: (1) subcommittee responsibilities, (2) a summary of recommendations, (3) the importance of the particular subject area to the nght against tramcking, (4) an evaluation of current practices in Massachusetts and nationally, where applicable, and (5) in-depth recommendations. In addition to legislatively mandated area of focus, the report supports a set of short, mid and long term goals for Massachusetts to address human tramcking (see appendix M). Te purpose of these objectives is to provide an outcome based and achievable road map for the work in the Commonwealth and to ensure a clear understanding of what steps need to be taken and how they intersect. It is critical that all dimensions of human tramcking are addressed if solutions are to be enective and sustainable. While portions of the report can be used on their own, the recommendations are more enective when implemented in conjunction with one another. Below please nnd a summary of the recommendations by subject area: Victim Services Currently, services for victims are the biggest human tramcking related need in Massachusetts. Tere are a very limited number of organizations that support and lack of nnancial resources to assist survivors of tramcking as they work to rebuild their lives. Without this critical support, there is no way to enectively address the human tramcking. A summary of the recommendations are as follows: 1. Develop capacity to serve survivors using existing survivor-led, comprehensive tramcking programs; 2. Conduct research and create tailored initiatives to better address the needs of men and LGBTQ youth; 3. Increase access to trauma-informed evidence-based therapeutic interventions; 4. Provide additional funding to support existing tramcking-specinc services programs; 5 Troughout this report the terms tramcking and human tramcking are used interchangeably. Executive Summary 11 Massachusetts Interagency Human Trafcking Policy Task Force 5. Evaluate the overall benents to the Commonwealth of providing funding to tramcking programs; 6. Increase the availability of nnancial and other resources to identined tramcking victims; and 7. Establish a Massachusetts safe house/home pilot program. Demand Reduction Tramckers operate on basic economic principles; if there were no demand for commercial sex or tramcked labor, human tramcking would not exist. Targeting demand is a critical element in a comprehensive approach to combating tramcking. An enective approach addresses each element of the economic model: supporting those who have been exploited, and holding the perpetrators including the buyers - accountable. If demand is not addressed, thereby shrinking or destroying the market, tramckers will continue to victimize their prey for pront. A summary of the recommendations are as follows: 1. Explore the creation of a statewide technical assistance unit; 2. Develop statewide capacity to enable a nrst onender program option for all sex-buying arrestees; and 3. Integrate demand reduction in all anti-tramcking. Data Collection and Information Sharing Data collection and information sharing across governmental and victim services agencies is critical to quantifying the problem, preventing the crime, detecting tramckers, and assisting victims. A summary of the recommendations are as follows: 1. Establish a human tramcking victim dennition for data collection purposes; 2. Deploy the screening tools and guidelines developed to support victim identincation; 3. Pilot a coordinated data collection response across the state; and 4. Use the information from the data collection pilot to create a state wide data collection tool and protocol. Education and Training Often the people most able to identify victims and curb criminal action are unaware of the problem and how to address it. Te education and training of law enforcement, health care providers, nrst responders, victim services providers, and educators is crucial if we are to address and prevent the crime. A summary of the recommendations are as follows: 1. Make a basic level of human tramcking training available to all health care, law enforcement, nrst responder, and education providers; 2. Support a fundamental shift in understanding, identincation, response to victims, and systemic change through the trainings; 3. Use consistent language renecting the lives of survivors; 4. Include screening and data collection protocols in the training; and 5. Design trainings to be as enective as possible through the use of a tiered approach, face to face delivery, multidisciplinary method for at least a portion of the training, and well qualined trainers. 12 Executive Summary Massachusetts Interagency Human Trafcking Policy Task Force Public Awareness Te public has an important role to play in identifying victims, reducing demand and catching criminals. Tere are pervasive and harmful myths perpetuated by mass media. An enective public awareness campaign can help change the public perception of the issue and support a reduction in the crime. A summary of the recommendations are as follows: 1. Leverage existing work of other states to tailor a successful campaign for Massachusetts; 2. Identify a state agency to lead the public awareness campaign; 3. Establish a web portal to act as a clearinghouse for information; 4. Provide a Massachusetts call referral map for the national hotline to support victim identincation. Executive Summary 13 Massachusetts Interagency Human Trafcking Policy Task Force 14 Massachusetts Interagency Human Trafcking Policy Task Force Tiaiiicxixc ix Massacuusirrs It is estimated that across the United States nearly 300,000 children are tramcked for sex every year. 6 Te U.S. Justice Department has identined the average age of entry into prostitution is 13. 7 Tese cases involve tremendous violence, are complex and expensive to prosecute. Victims are brutalized in the worst ways imaginable. In Massachusetts, there is currently no systematic way to quantify the problem much less identify and meet the needs of victims. Tramcking victims are individuals lured into this country and Massachusetts with false promises of legitimate work, only often to be forced into the sex or labor industry upon arrival. Tey are also domestic and Massachusetts born runaways being taken in by tramckers and forced to trade sex for a place to sleep, or girls being baited into the life by a presumed boyfriend who later reveals himself as a pimp. Much like a victim of domestic violence, human tramcking victims are trapped by fear, isolation, and brutality at the hands of their tramckers. Te Task Force recognizes that frequently one victim is subjected to both sex and labor tramcking. However, because these two types of tramcking are often addressed dinerently, a separate and in-depth discussion of each is provided below to best understand their specinc aspects. SEX TRAFFICKING Sex tramcking of U.S. citizens and foreign nationals occurs across the Commonwealth of Massachusetts. For example, in 2011, Te E.V.A. Center, a Boston-based program that works with adult women involved in the sex trade, reported that the program served 225 adult women since the program began in 2006. 8 Of these women, 20 were identined as foreign nationals and 145 were between the ages of 17 and 25. Te E.V.A. Center reports that over half of the women were court involved with an over representation of young women aging out of government systems, such as the custody of the Massachusetts Department of Children and Families (DCF) and the Department of Youth Services (DYS). Te majority of women were referred at a point of crisis, largely from law enforcement (LE), community clinics, hospitals, the Massachusetts Department of Transitional Assistance, the Probation Department, and SafeLink, the Massachusetts domestic violence hotline. Similarly, the commercial sexual exploitation of youth occurs across the Commonwealth. Although state-wide statistics are not available, in a 2012 report the Childrens Advocacy Center (CAC) of Sunolk County noted that, [i]n recent years, hundreds of girls in the Boston area have been drawn into the life of commercial sexual exploitation; countless others remain at risk. 9 10 Te report documented more than 480 child victims of sexual 6 Richard J. Estes & Neil Alan Weiner, Te Commercial Sexual Exploitation of Children In the U. S., Canada and Mexico, University of Pennsylvania, Philadelphia, 2001. 7 M.H. Silbert & A.M. Pines, Victimization of Street Prostitutes, Victimology: An International Journal, 7: 122-133 (1982). 8 Te E.V.A. Center provided these statistics as part of the victim services questionnaire completed by members of the Victim Services Subcommittee. 9 Credible statistics about the nature and extent of child sexual exploitation remain dimcult to gather. See generally Michelle Stransky & David Finkhor, How many juveniles are involved in prostitution in the U.S.?, Crimes Against Children Research Center (2008), available at http://www.unh.edu/ccrc/prostitution/Juvenile_Prostitution_factsheet.pdf (last visited Aug. 12, 2013). 10 Suzanne Piening and Teodore Cross, From Te Life to My Life: Sexually Exploited Children Reclaiming Teir Futures: Sufolk County Massachusetts Response to Commercial Sexual Exploitation of Children, May 2012, at 4, available at http://www. sunolkcac.org/assets/pdf/From_the_Life_to_My_Life_Sunolk_Countys_Response_to_CSEC_Executive_Summary_2012.pdf (last visited Aug. 12, 2013). Tramcking in Massachusetts 15 Massachusetts Interagency Human Trafcking Policy Task Force exploitation received services in Sunolk County between 2005 and 2012. 11 Of these children, 98% were girls, and 65% of the girls were girls of color. Moreover, the majority were runaways and/or victims of child abuse. 12
Te CAC report also acknowledges that [b]oys and transgendered youth are also involved in commercial sexual exploitation of children (CSEC), but less visible. 13 Tere is a lack of understanding of the nature and extent of tramcking of men and boys. Furthermore, there is a dearth of information regarding children being tramcked in other regions of the Commonwealth, and the identincation of child victims outside of Boston remains a challenge. Tere is also a connection between homelessness and tramcking in Massachusetts, irrespective of age. According to a 2005 report from the Massachusetts Department of Education (DOE), approximately 12,000 Massachusetts high school students are homeless with 5,000 unaccompanied or without a guardian. 14 Of these youth, 47% experienced mental illness, 21% of homeless youth have substance abuse issues (compared to 2% of housed youth), and 20% of youth are involved in the criminal justice system. 15 According to Steven Procopio, stan member at Boston GLASS Surviving Our Struggle and subcommittee member, homeless men and boys are more vulnerable to become commercially exploited. Procopio reports that sexually exploited youth are often former runaways due to family violence, sexual abuse, and sexual identity issues. Many turn to the sex industry as a survival mechanism to obtain food or shelter. Survivors report high rates of HIV and sexually transmitted diseases, and they are often exploited sexually by men and/or women with economic means. Labor Trafcking Labor tramcking takes a variety of forms in Massachusetts, including forced labor, domestic servitude, or debt bondage in workplaces such as restaurants, bars, nail salons, and factories. Troughout Massachusetts, many individuals work in industries where they are increasingly vulnerable to exploitation, and this is compounded by fact that many of these industries function in the underground economy. In 2011, Governor Deval Patrick recognized the hazards of these jobs, noting that the underground economy exploits vulnerable workers and deprives them of legal benents and protections. 16 While tramcking involves both U.S. citizen and foreign nationals, undocumented workers are often particularly vulnerable to abuse due to their lack of immigration status and fear of deportation. According to a 2012 study by Te Immigrant Learning Center, large industries in Massachusetts thrive on of immigrant workers, including accommodations and food services (10.5%), health care and social assistance (15.6%), manufacturing (13.6%), and retail (9.6%). 17 Furthermore, the report states, immigrants are much more highly concentrated 11 Id. 12 Id. 13 Id. Te report recognizes the lack of information about the commercial sexual exploitation of men and boys, and the need for further study about its prevalence. In 2012, Boston GLASS at Justice Resource Institute hired a new stan member, Steven Procopio, to spearhead the initiative to develop greater services for men and boys who are victims of child sexual exploitation. He is a member of the Victim Services Subcommittee and a contributor to this report. 14 Massachusetts Dept. of Education, A Snapshot of Homelessness in Massachusetts Public High Schools, July 2007, at 12, available at www.doe.mass.edu/mv/05homelessreport.doc (last visited: Aug. 12, 2013). 15 Id. 16 Governor Deval Patrick in his Executive Order recognized the dangers of the underground economy and established a Joint Enforcement Task Force on the Underground Economy and Employee Misclassincation to study and address the harms. Exec. Order No. 499, available at http://www.mass.gov/governor/legislationeexecorder/executiveorder/executive-order- no-499.html (last visited: Aug. 12, 2013). 17 Alan Clayton-Matthews & Paul Watanabe, Te Immigrant Learning Center, Massachusetts Immigrants by the Numbers, Second Edition: Demographic Characteristics and Economic Footprint, May 2012, at 32, available at http://www.ilctr.org/wp-content/ uploads/2012/03/ILC-Mass-Immigrants-by-the-Numbers-2nd-ed.pdf (last visited: Aug. 12, 2013). 16 Tramcking in Massachusetts Massachusetts Interagency Human Trafcking Policy Task Force in occupations that require little education such as building and grounds cleaning and maintenance (3.13%), production (2.24%), health care support (1.74%), food preparation and serving (1.67%) and farming, nshing, and forestry (1.43%) - industries where workers are more prone to abuse and exploitation. 18 While labor statistics are not available, Lutheran Social Services of New England, an organization that provides case management and legal services to labor tramcking survivors, connrmed recent cases of labor tramcking in Massachusetts. Cases included: Workers living in restaurants and subject to poor working conditions and nonpayment of wages; Domestic workers from Brazil, Bolivia, Kenya, Tanzania, and Rwanda, employed to provide housekeeping or child care services; Dancers in strip clubs throughout Massachusetts; Employees of diplomats brought to the United States to work; Women working in massage parlors or apartments providing sexual and massage services (mixed sex/labor cases); Factories employing workers using threats of deportation and poor working conditions; Agricultural and seasonal workers; H-2B workers employed by companies providing substandard working conditions and housing to workers; 19 Women lured by promises to marry or of romance who are then coerced to work; and Children coerced to beg for money on the street. 20 Workers in certain sectors were more prone to abuse. For example, temporary workers in Massachusetts have been particularly vulnerable to exploitation. According to a 2011 report by the University of Massachusetts at Amherst, more than 941 temporary agencies employed 65,720 workers each day, working in industries such as construction, manufacturing, warehousing, and landscaping. 21 Mirna Montano, Massachusetts Coalition for Occupational Safety and Health (MassCOSH) Worker Center organizer, reports We had so many frustrated and upset workers coming to us for help with unpaid wages, injuries, illegal fees, and bad employers [knew] that they could get away with leaving workers in the dark regarding almost everything: pay rate, who was covering workers compensation insurance, [and] how much transportation would cost. 22 In July 2012, the Massachusetts legislature passed a statute aimed at extending greater protection to temporary workers. However, little is yet known about the legislations impact on exploitation and tramcking. 18 Id. 19 Tis classincation allows foreign workers to enter the U.S. temporarily to perform non-agricultural services or labor on a one- time, seasonal, peak load, or intermittent basis. 20 Tese case examples were provided by Lutheran Social Services as part of the victim services questionnaire completed by members of the Victim Services Subcommittee. 21 Harris Freeman & George Gonos, Temporary Work in Twenty-First Century Labor Markets: Flexibility With Fairness For Te Low-Wage Temporary Workforce, Univ. of Mass. at Amherst, 2011, at 9-10, http://drupal.masscosh.org/nles/Te%20 Challenge%20of%20Temporary%20Work%20in%20Twenty-First%20Century%20Labor%20Markets%206-14-11_1.pdf (last visited: Aug. 12, 2013). 22 Paul Drake, Massachusetts Legislature Passes Bill to Halt Temp Worker Exploitation, Talking Union, August 3, 2012, at 1, available at http://talkingunion.wordpress.com/2012/08/03/massachusetts-legislature-passes-bill-to-halt-temp-worker- exploitation/ (last visited: Aug. 12, 2013). Tramcking in Massachusetts 17 Massachusetts Interagency Human Trafcking Policy Task Force Consequently, domestic workers often suner conditions rising to the level of human tramcking in Massachusetts. According to Lydia Edwards, attorney at the Domestic Worker Law and Policy Clinic at the Brazilian Immigrant Center, domestic workers are prone to exploitation because they are not protected like real workers, deserving of bargaining rights, anti-discrimination protection, overtime or minimum wage. 23 As a result, both American born and foreign national domestic workers are exploited. Attorney Edwards describes, as an example, the wide spread [sic] exploitation of domestic workers in the Brazilian community as a result of older Brazilian women with English skills, using helpers to clean 8-10 houses a day. Similarly, Natalicia Tracy, Executive Director of the Brazilian Immigrant Center, described how she was subject to domestic servitude working as a domestic worker in Brookline, Massachusetts, as a teenager. 24 At the age of 17, she began working as a nanny, working 80-90 hours per week and making $25/week. Her employers restricted her communication with her family and made her sleep outside in the cold. Tracy now participates in the Massachusetts Coalition for Domestic Workers, a coalition dedicated to ensuring domestic workers are protected like all other Massachusetts employees. 23 Lydia Edwards, Te Help is on the Move in Massachusetts, Mass Dissent, March 2012, available at http://www.nlgmass. org/2012/03/the-help-is-on-the-move-in-massachusetts/ (last visited: Aug. 12, 2013). 24 Sheila Bapat, Te Immigrant Learning Ctr., Refocusing Our Lens: Domestic Workers Rights Are a Neglected Feminist Issue, January 20, 2013, available at http://www.braziliancenter.org/index.php?page=news&family=Domestic_Workers (last visited: Aug. 12, 2013). 18 Tramcking in Massachusetts Massachusetts Interagency Human Trafcking Policy Task Force Ricoxxixiarioxs ioi Eiiicrivii\ Aiiiissixc Huxax Tiaiiicxixc ix Massacuusirrs VICTIM SERVICES Te Victim Services Subcommittee was responsible for the following: 25 (iii) identify and review the existing services and facilities that meet the needs of victims of human tramcking including, but not limited to, health and mental health services, housing, education and job training, legal services and victim compensation; (vi) examine the costs associated with establishing a safe house pilot program for adult and child victims of human tramcking and identify public and private funding sources that may be used to develop and implement a safe house pilot program; 1. Suxxai\ oi Ricoxxixiarioxs After performing an assessment of the current victim services available in Massachusetts and an analysis of a safe house pilot project, the subcommittee recommends the following: a. Develop capacity to serve survivors using existing survivor-led, comprehensive tramcking programs; b. Conduct research and create tailored initiatives to better address the needs of men and LGBTQ youth; c. Increase access to trauma-informed evidence-based therapeutic interventions; d. Provide additional funding to support existing tramcking-specinc services programs; e. Evaluate the overall benents to the Commonwealth of providing funding to tramcking programs; f. Increase the availability of nnancial and other resources to identined tramcking victims; and g. Establish a Massachusetts safe house/home pilot program. :. Ixioiraxci oi Vicrix Siivicis Victim services are critical to combating human tramcking and ensuring protection for victims. Human tramcking is a crime that feeds on the poor and vulnerable. Without comprehensive and enective services, victims are unable enectively exit tramcking and are at an extremely high risk of becoming re-victimized. Human tramcking prosecutions are also heavily dependent on victim testimony, and survivors often nnd it dimcult if not impossible to cooperate in investigations without adequate support and resources. Existing services in the state are currently underfunded and overburdened. It is expected that the demand for services will only continue to grow as the general public is educated further. Terefore, it is essential that the Commonwealth act now to ensure that victims receive protection and much needed services. 25 Troughout the report, the terms victim and survivor are used interchangeably. Under the current law, a human tramcking victim is denned as a person who is subjected to the conduct prohibited under sections 50 or 51 of chapter 265. Mass. Gix. Laws ch. 233, 20M (2013). Recommendations - Victim Services 19 Massachusetts Interagency Human Trafcking Policy Task Force . Cuiiixr Piacricis Te Task Force, working through the Victim Services subcommittee, identined what services are currently available to human tramcking victims. Trough presentations by a diverse group of victim service providers, the subcommittee reviewed the nature and extent of existing social service and government programs serving human tramcking survivors in the Commonwealth. Te subcommittee found that programs generally fell into one of three categories: (1) comprehensive programs targeted to tramcking survivors; (2) social services programs that may be accessible to tramcking survivors for specinc services, such as housing, mental health, advocacy, and medical services; and (3) governmental services that provide court advocacy, and/or public benents to tramcking survivors. In all categories, the subcommittee noted a chronic lack of funding to meet the emergent needs of tramcking survivors. Existing resources (e.g. rape crisis centers and domestic violence agencies) are not necessarily appropriate or equipped to respond enectively to victims of tramcking. In addition, they are serving their identined populations with already limited resources and unable to fully meet the needs of tramcking victims. Te subcommittee found that the availability of services varied greatly depending on geographic area, with a majority of programs concentrated in the Greater Boston area. a. Cuaiacriiisrics oi Eiiicrivi Vicrix Siivicis Piociaxxixc Te subcommittee noted that successful tramcking programs nationwide exhibit certain hallmark characteristics. 26 In particular, the subcommittee identined the need for comprehensive, holistic, survivor-led services with long-term support over a period of years. Additionally, the subcommittee found that such services must be individualized to take into account the survivors unique circumstances and particular vulnerabilities. By developing a service plan, shaped by the survivors goals and talents, services are more likely to be successful. While a number of tramcking-specinc organizations exist in Massachusetts, the chronic lack of funding prevents agencies from building enective safety nets for survivors. Tere are a myriad programs across the Commonwealth that provide one service or a range of services that may be accessed by a survivor, such as housing, counseling, or medical services. As an example, rape crisis centers throughout Massachusetts provide advocacy, mental health, and other services to victims of sexual assault. Similarly, community health centers throughout Massachusetts provide high quality medical and mental health services to a wide population, including victims of sex and labor tramcking. 26 Section 20M of chapter 233 dennes a human tramcking victims program as any refuge, shelter, omce, safe house, institution center established for the purpose of onering assistance to human tramcking victims through crisis intervention, medical, legal or support counseling. Mass. Gix. Laws ch. 233, 20M (2013). Te statute further delineates appropriate services for tramcked youth to include: Governmental or non-governmental organizations or entities providing the assessment, planning and care provided through congregate care facilities, whether publicly or privately funded, emergency residential assessment services, family/community-based child foster care, including provisions for food, clothing, medical care, counseling and appropriate crisis intervention services, provided by organizations or entities that have expertise in providing services to persons who are human tramcking victims; and that services are provided in accordance with such regulations that the department of children and families may adopt, or the policies of such department. Id. 20 Recommendations - Victim Services Massachusetts Interagency Human Trafcking Policy Task Force Te subcommittee noted that while these programs provide a lifeline to important services, survivors may have dimculty accessing them for a variety of reasons, including stigma and shame. 27 Many advocates note that the lack of understanding among traditional social service providers may cause survivors to be labeled as problematic, delinquents, or noncompliant with services. Also, such programs have existing mandates and limited funding, which often limits them from serving tramcking survivors. n. Exisrixc Tiaiiicxixc Siiciiic Piociaxs ix Massacuusirrs Tere are a small number of highly enective programs providing comprehensive, targeted services to victims of human tramcking. Such programs generally focus on a particular tramcking population (e.g., minors, adults, sex, or labor) and provide a wide range of services geared towards their target population. Provided in this Report, is a synopsis of current enective service programs reviewed by the subcommittee. Te subcommittee acknowledges this is not a complete list of all tramcking- specinc programs in Massachusetts. Rather, these are examples of enective programs throughout various locations in the Commonwealth. 1). Sex Trafficking Specinc to sex tramcking, there are a number of agencies providing peer advocacy, legal, and/ or social services to victims of sex tramcking. Te following existing programs are examples of enective comprehensive programs serving sex tramcking survivors: Gaining Independence for Tomorrow (GIFT) is a community-based program at Roxbury Youthworks that provides intensive case management services to assist DCF-involved youth to exit out of commercial sexual exploitation. Te Josephine Butler Education Vision and Activism Center (E.V.A. Center and formerly Kims Project) is a Boston-based program with the goal of creating a sustainable comprehensive exit program for adult women wanting out of the sex trade. Te E.V.A. Center is a survivor-led program that oners long-term support, services, information and resources, understanding that each woman has her own experiences and needs that vary tremendously. Lutheran Social Services (LSS) provides legal and social services to noncitizen victims of labor and sex tramcking throughout Massachusetts. Trough case management, advocacy, and legal representation, LSS seeks to remove the barriers faced by survivors - adults and minors - when leaving exploitation My Life My Choice (MLMC), a program of Justice Resource Institute, is a survivor-led, Boston- based program onering a continuum of services, including prevention education, training, and intervention services for commercial sexually exploited girls. Survivor support mentor girls who have been victims of commercial sexual exploitation or are at high risk of exploitation. Te Support to End Exploitation Now (SEEN) is a ground-breaking partnership operated by the Childrens Advocacy Center of Sunolk County that unites more than 35 public and private agencies who partner to coordinate services to commercially exploited youth in order to apprehend adult onenders and best connect exploited youth to needed services. 27 As Rachel Lloyd, Executive Director of Girls Educational and Mentoring Services (GEMS), a survivor-led program in New York, writes, Te opportunity to have a space where [survivors] could relax and be themselves without fear of judgment or shame was a critical factor for the young womens engagement and participation in programming. Rachel Lloyd, From Victim to Survivor, From Survivor to Leader: Te Importance of Leadership Programming and Opportunities for Commercially Sexually Exploited and Trafcked Young Women & Girls, at 8, available at http://www.gems-girls.org/WhitePaper.pdf (last visited Aug. 12, 2013). Recommendations - Victim Services 21 Massachusetts Interagency Human Trafcking Policy Task Force Surviving Our Struggle at Boston GLASS is a survivor mentor program for men, boys, and LGBTQ youth. Boston GLASS, a Boston-based program of Justice Resource Institute, is one of the few programs in Massachusetts that have any capacity to serve commercially exploited young men, trans-identined boys, and LGBTQ youth. 2.) Labor Trafficking Te following programs provide services targeted to victims of human tramcking and/or labor exploitation. Lutheran Social Services - see above Metrowest Worker Center is a worker-led program that is available throughout the Commonwealth. Tis initiative identines exploited workers and tramcking survivors to support them to receive a just wage and support to redress labor exploitation. Massachusetts Coalition of Occupational Safety and Health (MassCOSH) organizes and trains workers to protect themselves against abusive work conditions. Such centers also support collective action by workers and provide a space for workers to express and address their common grievances. For example, MassCOSH and other worker centers throughout Massachusetts recently provided extensive support and advocacy for temporary workers, subject to nonpayment of wages and exploitation throughout the Commonwealth. Also, some immigrant advocacy organizations have developed programs to support specinc types of workers who are particularly prone to labor tramcking. For example, the Domestic Worker Law and Policy Clinic at the Brazilian Immigrant Center provides free legal representation for domestic workers prone to exploitation and abuse. 3.) Government Programs and Benefits for Trafficking Survivors Tere are a variety of government benents potentially available to survivors of human tramcking. For example, eligible survivors may access public benents provided by the Massachusetts Division of Transitional Assistance, victim compensation from the Massachusetts Omce of the Attorney General, and housing from the Department of Housing and Community Development and other local housing authorities. However, social service providers reported that governmental benents are limited and not all survivors qualify. Furthermore, under reporting negatively impacts service eligibility. In addition, other realities inherent to victims of human tramcking, such as a survivors criminal history, lack of housing history, and/or immigration status, may make it dimcult or impossible for survivors to qualify for government services. c. Issuis Facii n\ Exisrixc Siivici Pioviiiis While performing a review of current programs that provide services to human tramcking victims and survivors, the subcommittee recognized various challenges involved in providing services to survivors in Massachusetts. Provided below is a list of these challenges: Tere are very few agencies that oner targeted services to victims of sex and labor tramcking, which provide peer advocacy, legal, and/or social services.
22 Recommendations - Victim Services Massachusetts Interagency Human Trafcking Policy Task Force Existing programs, while very enective, are limited by funding constraints. Consequently, existing programs generally only have the capacity to focus on the most immediate needs, such as housing, food, and basic necessities. Grant funding is not a stable source of funding, running in yearly increments and often including match or other programmatic or nscal requirements. As an example, the SEEN Coalition, which coordinates victim services to minor victims of sexual exploitation in Sunolk County, is largely dependent on one grant funded full-time case coordinator. Te position is funded year-to-year, and has no stable source of funding. 28 Existing programs are not enectively staned to meet the needs of survivors. For example: Te E.V.A. Center, the primary program serving adult female victims of sex tramcking in the Greater Boston area, is staned by one full- time employee Surviving Our Struggle at Boston GLASS hired a stan person in 2012 to develop mentorship services targeted to boys, young men and transgendered identined individuals. But services remain very limited due to nscal constraints. Lutheran Social Services has only one attorney for tramcking and one part-time case manager. Existing services lack the ability to provide a wide array or services necessary for survivors to exit sexual exploitation. Location of existing services makes it dimcult to respond enectively to referrals outside of Eastern Massachusetts. Tere is a gap in services available to men, boys and LGBTQ individuals. i. Cuiiixr Piacricis ioi Vicrix Housixc Tere are few housing services for human tramcking victims in Massachusetts. When responding to a call or an event that involves the identincation of a tramcking victim, law enforcement is often left with no choice but to house victims in jail in order to provide shelter for the night either in a cell or a cot in the police station. Similarly, victim service providers will call a domestic violence shelter to try and secure a bed. Tere are no dedicated beds in these shelters for tramcking victims. When providers are unable to nnd a bed at a domestic abuse shelter, they are often forced to dip into their general fund to put victims up in a hotel. Amirah is a privately funded safe house that hopes to open in the fall. Bakhita Safe House run by the Catholic Sisters in the Boston area has 3 beds but they are currently at capacity. Nonetheless, there are some enective national models for providing safe houses or homes. Te subcommittee reviewed the following model programs and evaluated them for their applicability her in Massachusetts: (1) Breaking Free (Minnesota); (2) Children of the Night (California); (3) GEMS (New York); (4) Te Poppy Project (London); and (5) SAGE Project (California). Many of these programs have been in existence for over ten years and have built a record of success in service provision. 28 Suzanne Piening & Teodore Cross, From Te Life to My Life: Sexually Exploited Children Reclaiming Teir Futures: Sufolk County Massachusetts Response to Commercial Sexual Exploitation of Children, May 2012, at 12, available at http://www. sunolkcac.org/assets/pdf/From_the_Life_to_My_Life_Sunolk_Countys_Response_to_CSEC_June_2012.pdf (last visited Aug. 12, 2013). Recommendations - Victim Services 23 Massachusetts Interagency Human Trafcking Policy Task Force Common trends emerged from each program: Onsite services/walk-in centers that provide a comprehensive continuum of care; Survivor-led programming; Long-term support over a period of years; Availability of both transitional and long-term options; Multiple funding streams; and Connection to diversion, re-entry and immigration detention programs. . Ricoxxixiarioxs In light of the above, the Task Force agrees with the subcommittees nndings that there is an imminent need to provide access to and funding for survivor-led, comprehensive tramcking programs in Massachusetts while expanding other available resources to ensure that survivors are able to exit out of exploitation. In order to achieve these overarching goals, the Task Force recommends the following: a. Diviioi Caiacir\ ro Siivi Suivivois Usixc Exisrixc Suivivoi-Lii, Coxiiiuixsivi Tiaiiicxixc Piociaxs As detailed above, there exists a profound need for more comprehensive programs and for sumcient funding to ensure success. Te subcommittee suggests that the following are characteristics of an enective program: Comprehensive Trauma Informed Evidence Based Programming. Tis approach is necessary and enective to ensure survivors successfully exit tramcking without re-victimization. Programs must meet a survivors need for emergency services (e.g., basic needs, emergency shelter, safety planning), transitional services (e.g., transitional housing, skills building, legal services), and long- term services (e.g., family reunincation, job placement, leadership building). Services must be consistent and continuous over the long-term addressing the reality that survivors needs change over time. Comprehensive services for children must also include child-specinc therapeutic services that are trauma-informed and evidence-based. Childhood trauma left untreated will have a tremendous, lifelong impact on health and quality of life. Research shows dramatic links between childhood trauma and risky behaviors, psychological issues, serious illness and the leading causes of death. 29 Evidence-based treatments and other practices with strong empirical support can reduce the impacts of trauma. 30
Survivor-Led Programs: Sex Trafcking. Peer-led advocacy and leadership is a well-recognized component of successful programs and is commonplace in servicing other victim populations (e.g, domestic violence, sexual assault, and homicide). Peer leadership is essential given that survivors often lack trust with traditional social service providers and law enforcement. Advocates from survivor-led programs attest to the success of this model, emphasizing that survivor mentors or advocates are able to develop stronger bonds with program participants and are viewed as more credible supporters. Given their shared experiences, survivors are more willing to trust survivor 29 V.J. Felitti & R.F. Anda, Te Adverse Childhood Experience (ACE) Study, Ctrs. for Disease Control and Prevention, 1997, available at http://www.cdc.gov/ace/ (last visited Aug. 12, 2013). 30 Kimberly Shipman, K., & Heather Taussig, H. Mental health treatment of child abuse and neglect: Te promise of evidence-based practice. Pediatric Clinics of N. America, 2009, at 417-428. 24 Recommendations - Victim Services Massachusetts Interagency Human Trafcking Policy Task Force advocates that understand their unique challenges in exiting out of exploitation. 31 Such support is particularly critical to the success of survivors in exiting out of commercial sexual exploitation. Worker-Led Programs: Labor Trafcking. Similarly, in the labor context, worker-led programs are recognized as enective in organizing workers, promoting collective change, and advocating for workers rights. Workers who are victims of labor exploitation and abuse often fear stepping forward because of the risk of retaliation, deportation or termination. Worker-led initiatives are successful in building trust within communities in order to educate workers about their rights and to encourage workers to speak openly about any abuse. 32 Specifc Programs Sex Trafcking: Te subcommittee recognized that there needs to be at least one program with sumcient stan to provide services to sex tramcking survivors and ensure that a coherent, comprehensive package of services is available. Also, a successful exit program will oner a continuum of services and support, as well as a skilled stan of survivor peers that are viewed as credible supporters. Te program needs to include shelter and housing options but should not include housing alone. Labor Trafcking: Te subcommittee noted that there needs to be at least one program funded sumciently to provide comprehensive social and legal services geared towards workers employing a worker-led or worker-informed model. Advocates would work with survivors to create an individualized service plan, guided by the worker. Furthermore, workers would have the opportunity to not only assume roles as advocates but also take leadership roles. Marginalized or Distinct Populations: Te subcommittee recognized that certain populations of survivors have unique needs, requiring a tailored approach to service. For example, minor victims of commercial sexual exploitation are often placed in the custody of DCF, and programs for children must take into account the unique needs of minors and DCF requirements. Also, in the context of men and boys, any approach must address the challenges in exiting out of exploitation, such as lack of shelter options and prejudice or stigma. Legal Services: Te subcommittee recognized the need for legal services attorneys with developed expertise in human tramcking to serve the diverse legal needs of survivors of human tramcking,, including in the areas of immigration, civil restitution, family law, public benents, housing and criminal law. Many survivors have complex civil and criminal legal needs and cannot anord private counsel, however currently there are no public legal services that specialize in assisting survivors. Absent legal representation, they may nnd it dimcult to qualify for important benents and protections. Accordingly, the development of resources that would provide for targeted legal services to assist survivors would nll an identined gap, Ideally, attorneys would meet with survivors on-site at a survivor-led program, and work closely with survivor-advocates to ensure that the survivors legal needs are met in a non-judgmental, supportive manner. 31 Supra note 27 at 7. Rachel Lloyd notes that, CSEC [commercial sexual exploitation of children] survivors are accustomed to be being judged and stigmatized by their families, communities, institutions, traditional service providers, and society at large and for this reason, a truly non-judgmental environment in the nrst critical step in supporting them in their transitions. In addition, Lloyd emphasized that, [s]eeing their peers in leadership positions creates a healthy form of peer- pressure and provides support to young women. 32 For example, Colectiva de Mujeres (Womens Collective), was created in 2001 in San Francisco by primarily undocumented immigrant domestic workers and seeks to achieve economic and social justice for Latina immigrant women. Similarly, Domestic Workers United (DWU) is a membership-based organization of nannies, housecleaners, and elder caregivers in New York, who are organized to support workers and promote social change. Recommendations - Victim Services 25 Massachusetts Interagency Human Trafcking Policy Task Force Use of Existing Infrastructure and Programs: Massachusetts has a number of cutting-edge anti- tramcking programs that are currently providing services, and that provide a strong infrastructure to further develop innovative, enective programming for tramcking survivors. Tese include My Life My Choice (Boston); Te E.V.A. Center (); Boston GLASS (); Lutheran Social Services (Worcester); Roxbury Youthworks; and the GIFT Program (). Targeted resources would help to develop geographic capacity; expand populations served; and proliferate tested models for helping survivors exit the sex trade and build skills to succeed. n. Coxiucr Risiaicu axi Ciiari Taiioiii Ixiriarivis ro Birrii Aiiiiss rui Niiis oi Mix axi LGBTQ Youru Te subcommittee identined a lack of knowledge/research about particular victim populations, such as boys, LGBTQ individuals, and undocumented youth. Greater resources should be dedicated to understanding the unique needs of these populations and to develop appropriate, successful initiatives to meet their specinc needs. In particular, regarding LGBTQ and non-LGBTQ men, the subcommittee recommends increased training to law enforcement and non-governmental agencies about the unique stigma and challenges. Additionally, distinct screening and intake systems should be developed to help workers identify commercially exploited men and boys and to elicit information from boys to address shame and stigma. When appropriate, agencies and service providers that focus on girls should be encouraged to expand their mandate to include boys and to hire/train male workers. In general, further research should be conducted regarding this population on advantages and disadvantages of gender specinc or co-ed programs. c. Ixciiasi Acciss ro Tiauxa-Ixioixii Eviiixci-Basii Tuiiaiiuric Ixriivixrioxs Te subcommittee recommends enorts to ensure survivors of all ages are able to access trauma informed evidence supported therapeutic interventions that are client focused and tailored to meet individual needs. Linkage agreements should be forged between agencies who currently work with tramcked individuals and agencies onering trauma informed evidence based therapeutic interventions. Examples of such arrangements can be found with the SEEN Coalition as well within the current statewide Childrens Advocacy Center service delivery system. Te Commonwealth should support statewide enorts to increase availability of clinicians who can provide such therapeutic services. An example of a successful initiative exists at Baystate Medical Center with its Substance Abuse and Mental Health Services Administrations (SAMHSA) funded Learning Collaborative as well as the federally funded Massachusetts Child Trauma Project in which DCF, in partnership with LUK Inc., Justice Resource Institute, Boston Medical Center's Child Witness to Violence Project, and the University of Massachusetts Medical School, collaborate to integrate trauma-informed and trauma-focused practice into child protection service delivery. i. Pioviii Aiiirioxai Fuxiixc ro Suiioir Exisrixc Tiaiiicxixc-Siiciiic Piociaxs Te Human Tramcking Trust Fund was established as part of the statute to provide funding for victim services and other human tramcking specinc initiatives. 33 However, the processes associated with asset seizure and forfeiture can take up to three years. Tere is an immediate need for additional victim services funding. 33 Mass. Gix. Laws ch. 10 66A (2013). 26 Recommendations - Victim Services Massachusetts Interagency Human Trafcking Policy Task Force Te Task Force recommends other ways in which money can be added to that fund. State Funding: Te subcommittee recommends the expenditure of funds specincally targeted at supporting programming for human tramcking survivors. Te legislature dedicate additional resources. Currently, there is no dedicated state funding. Federal Funding: Te subcommittee also recommends that the Attorney Generals Omce and the Massachusetts Omce for Victims Assistance (MOVA) support attempts by local social services agencies to pursue federal funding, including grants through the Omce of Victims of Crime. 34 Private Funding: In addition, the Commonwealth should pursue public-private partnerships as a means to generate private funding for human tramcking organizations. Potential Sources of Funding: Te subcommittee noted the potential for additional revenue from the following sources: Asset Forfeiture: Te subcommittee recommends that Commonwealth increase training on asset forfeiture to ensure that law enforcement seize assets pursuant to the mandate in the human tramcking legislation. Tis will ensure that funding is available in the Victims of Human Tramcking Fund (HT Fund) for non-governmental agencies working with tramcking survivors. To date, no funding has been allocated to the HT Fund. Revenue Trough Other State-Funded Sources: Te subcommittee has identined a number of potential avenues to generate revenue, including: Court Fines: Courts should be encouraged to impose nnes on defendants charged with onenses under G.L. c. 272 8 and 53A. Additionally, 45% of the nnes should be places in the HT fund to support victim services with another 45% going to law enforcement and the last 10% going to the courts. Te legislature should amend G.L. c. 10 66A and G.L. c. 265 54 to direct nnes imposed on buyers of commercial sex to the HT Fund to support victim services. Tis amendment may also provide incentives to hold buyers accountable. i. Evaiuari Bixiiirs ro Srari Goviixxixr oi Pioviiixc Fuxiixc ro Tiaiiicxixc Piociaxs Cost/Beneft Analysis: Te subcommittee noted that several states, including Minnesota and Oregon, have conducted studies on the costs and benents to state government if human tramcking survivors receive appropriate services. 35 Such studies have found that investments in prevention and support services to tramcking survivors ultimately saves the government money in a variety of sectors, including public health, criminal justice, and homeless initiatives. Te subcommittee suggests a future study be commissioned to evaluate the costs and benents of investing in victim services. Tis study could then be used to support enorts to secure greater private and public funding. Moreover, such a study would likely encourage multidisciplinary collaboration. 34 Recently, the Massachusetts Attorney Generals Omce applied for the FY 2013 Enhanced Collaborative Model to Combat Human Tramcking Grant through the Bureau of Justice Assistance and the Omce for Victims of Crime. Te grant would provide our omce and victim services providers with $1,000,000 over two years for investigations and victim services. 35 Lauren Martin, et al, Early Intervention to Avoid Sex Trading and Trafcking of Minnesotas Female Youth: A Beneft-Cost Analysis, 2012, available at http://www.miwrc.org/system/uploaded_nles/0000/0147/Benent-Cost-Study_Full_Report_9-4-2012. pdf; What is Human Tramcking?, Oregonians Against Human Tramcking, available at http://www.mcso.us/public/human_ tramcking/what_is.html (last visited Aug. 12, 2013). Recommendations - Victim Services 27 Massachusetts Interagency Human Trafcking Policy Task Force i. Ixciiasi Siivici Avaiianiiir\ ro Iiixriiiii Tiaiiicxixc Vicrixs Te Task Force makes several recommendations to increase benents available to tramcking survivors, and therefore decrease the overall nnancial burden on the Commonwealth and non-governmental organizations. Provide Access to State Public Benefts for Confrmed Trafcking Survivors: Establish a system of state certincation for public benents for victims of human tramcking. For example, in New York, a human tramcking survivor who is connrmed by the state government may be eligible for certain state public benents. Any model should improve resources available to survivors, especially at the emergency stage, while allowing the Commonwealth to collect data about the prevalence of tramcking. Ensure Certain Access to Existing Federal Protections: Te subcommittee made the following recommendations related to undocumented survivors: Recommendations for Undocumented Victims: Pursuant to the Victims of Tramcking and Violence Protection Act of 2000, certain undocumented victims of human tramcking are eligible for special immigration statuses known as U nonimmigrant status and T nonimmigrant status (i.e., U visas and T visas). 36 Te following enorts should be made to ensure that undocumented survivors receive adequate protection and support: Training: State and local law enforcement agencies should receive training regarding immigration benents available to victims of human tramcking, including U nonimmigrant status, T nonimmigrant status, and Continued Presence. Training should be provided by reputable legal services agencies with experience working with human tramcking victims. Such training should also address the unique barriers that immigrant victims face when reporting crimes and how to conduct outreach to ethnic communities in a culturally appropriate manner. Protocol for Certincation: All state and local law enforcement agencies should issue protocols within their respective omces establishing a policy for issuance of T and U visa certincation. Te establishment of a protocol will standardize the process of issuing certincation within agencies and ensure that victims receive well-deserved protection in an emcient and just manner. Please see Appendix B for more information about the law enforcement certincation process. Improving Access to Victim Compensation for Human Trafcking Crimes: Victims of violent crime are eligible for compensation and assistance pursuant to G.L. c. 258C. In order to ensure that claims for Victim Compensation and Assistance made by victims of human tramcking are reviewed emciently, the Commonwealth should encourage the sharing of necessary information by federal, state, and local law enforcement authorities investigating state and federal human tramcking crimes with the Omce of the Attorney General Victim Compensation and Assistance Division. Te development of training and coordination of internal policies to encourage the exchange of information is critical. Tis will help to ensure that victims of human tramcking receive 36 T nonimmigrant status is designed for victims of human tramcking whose presence in the United States is related to human tramcking and who are willing to cooperate with law enforcement in the investigation of the crime. Similarly, U nonimmigrant status is available to victims of a wider variety of violent crimes, including human tramcking, who have sunered substantial mental or physical abuse as a result of the crime and are helpful in the investigation or prosecution of the crime. For more information, please see: http://www.uscis.gov/portal/site/uscis/menuitem. eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=02ed3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel= 02ed3e4d77d73210VgnVCM100000082ca60aRCRD (last visited Aug. 12, 2013). 28 Recommendations - Victim Services Massachusetts Interagency Human Trafcking Policy Task Force compensation for injuries related to the crime in an appropriate, timely manner. Improving Access to Public Housing for Human Trafcking Survivors: Te subcommittee found that human tramcking survivors are often denied access to subsidized and public housing due to a criminal history related to their victimization. For example, survivors with arrests for prostitution or drug-related crimes that occurred during their victimization may be barred from public housing and unable to obtain long-term anordable housing. Currently, state regulations require that local housing authorities allow an applicant demonstrate mitigating circumstances prior to rejecting an application. 37 Mitigating circumstances may include evidence of rehabilitation, length of time since criminal conduct occurred, and a variety of other factors. Te subcommittee recommends that such regulations be modined to explicitly take into account human tramcking victimization. In particular, the subcommittee recommends that Section 5.08(2) of Title 760 of the Code of Massachusetts Regulations should be amended such that mitigating circumstances will include human tramcking victimization as denned under sections 50 or 51 of chapter 265 of the Massachusetts General Laws. 38 In addition, the subcommittee recommends that funding be allocated to train housing authorities about human tramcking and how to implement this new mitigating circumstances standard. Vacating Convictions to Improve Access to Benefts: Te subcommittee recognizes that often human tramcking victims are unable to obtain employment, housing, and other nnancial supports due to a criminal history resulting from their victimization. For example, a human tramcking victim may be denied employment due to a history of arrests for prostitution, preventing the individual from obtaining gainful employment. As a result, such individuals are often dependent on non- governmental agencies for nnancial support and vulnerable to re-victimization. In an enort to address this issue, the Task Force recommends legislation to allow human tramcking victims the ability to vacate tramcking-related convictions if he or she can demonstrate to the court that he or she is a victim of human tramcking. By passing such legislation, victims will receive increased access to benents, thus limiting the nnancial burden on underfunded governmental and non-governmental agencies. Tis measure would also increase the self-sumciency and the long-term success of victims to exit exploitation by empowering them to nnd employment. 39
Additional Recommendations to Increase Housing Options for Survivors. Te following actions would increase housing options for survivors and help to meet the short-term, urgent need for housing: (1) increase access to existing state housing programs; (2) secure greater supportive housing vouchers for human tramcking victims through U.S. Department of Housing and Urban Development (HUD); (3) provide funding from existing domestic violence shelters to earmark a number of beds for tramcking survivors in multiple shelters; (3) identify appropriate shelter spaces and programs appropriate for vulnerable populations, such as male or LGBTQ victims; and (4) secure space, specincally segregated space in traditional homeless shelters for male victims of labor tramcking. 37 See 760 C.M.R. 5.08(2) (requiring a housing authority to consider certain mitigating circumstances in adjudicating housing applications). 38 Mass. Gix. Laws ch. 233, 20M (2011). Under Massachusetts law, a human tramcking victim is a person who is subjected to the conduct prohibited under sections 50 or 51 of chapter 265 of the Massachusetts General Laws. 39 Please see Appendix C for a legislative brief prepared by the Polaris Project that describes the impact of vacating convictions and examples of relevant legislation in other states; Polaris Project, Human Trafcking Legislative Issue Brief: Vacating Convictions (2012), available at http://www.polarisproject.org/storage/documents/policy_documents/Issue_Briefs/vacating_ convictions_issue_brief_september_2012.pdf (last visited Aug. 12, 2013). Recommendations - Victim Services 29 Massachusetts Interagency Human Trafcking Policy Task Force c. Massacuusirrs Saii Housi/Hoxi Piior Piociax Te subcommittee denned a safe house as a separate and secure housing space for victims of commercial sexual exploitation and/or labor tramcking who seek to avoid further victimization. Te safe house should be staned with survivors and/or specially trained individuals with experience working with vulnerable populations who can oner survivors individualized exiting services and access to survivor-led programming. Te Task Force recommends a safe house pilot program with the following essential guiding principles: Te program pilot should be implemented in the Greater Boston area, to build upon established infrastructures. Te nature of the program pilot will be determined by the needs of the specinc population being served (such as women, men, boys, girls, LGBTQ and/or labor tramcking victims); Te program should include comprehensive exiting services, survivor-led programming and both short and long-term housing accommodations; Funding and in-kind services will be sought through the City of Boston, District Attorneys Omces, Department of Probation, Department of Children and Families, Department of Public Health and private partners and others; and A working group should be established to make decisions regarding age, population, and location. Te goal of comprehensive exiting services is to provide a continuum of care for victims exiting exploitation and to build self-sumciency by providing support services. Trough providing a continuum of care, the number of barriers present for victims to exit will decrease dramatically. Services should include and not be limited to: Onsite services whenever possible that are easily accessible from housing component; Walk/in drop-in center with 24 hour access; Case management and safety planning; Individual/group therapy; Education and job/life skills; Assistance with chemical dependency and relapse prevention; Health care (with transportation to local clinics); Assistance with nling for benents (e.g., health care, social security, housing, etc.); Legal assistance (immigration, court advocacy, domestic relations); Spiritual work with local faith based community; and Worker-Led model/worker-led mediation similar to workers center model for victims of labor tramcking. 40 Survivor-led programming should be an integral part of any housing pilot. Survivor-designed and survivor-led programming supports trust with participants and a more non-judgmental setting, allowing for more appropriate safety planning and individualized services. Survivor-led programming also increases the likelihood that survivors will engage in services in the short and long-term. In addition to providing unique support, survivors have an increased ability to identity and assess safety and risk as well as provide a sense of community and model success. Survivor-leaders may play roles in a variety of contexts, including educational groups, alumni networks, mentoring 40 For examples of model programs, please refer to Appendix A. 30 Recommendations - Victim Services Massachusetts Interagency Human Trafcking Policy Task Force groups, relapse prevention groups, youth outreach and development and leadership programs. 41 Te housing component should be provided in conjunction with comprehensive exiting services and survivor-led programming. Accommodations should include emergency and long-term housing that is a safe and secure place for victims of human tramcking. Additionally, accommodations should also include the following elements: Accessible to walk/drop-in center; Programming/groups should be held on site; Transitional housing that is short-term and emergency, staned 24/7; and Longer term accommodations should also be available. 42 Diverse housing options may speak to the dinerent needs and requirements for specinc populations including women/men, boys/girls, LGBTQ and labor tramcking. Safety concerns should be addressed by having various housing locations in order to ensure the location is not easily identined by the general public. Te comprehensive exiting services in conjunction with the housing pilot should be positioned in a location where it would be possible to maximize established infrastructures and existing services. Te city of Boston would be an ideal location as Boston has shown a commitment through policy and funding to the issue of human tramcking. Existing services in Boston can also serve as multi- disciplinary partners. Other general considerations for Boston being the chosen location would include: (1) close proximity to culturally diverse services and language capabilities; (2) proximity to public transportation; and (3) existence of a wide range of services including job training and schools. Regarding funding, multiple funding streams would be required to increase the sustainability of the program. Funding streams may be determined by population and would address the various needs of the program. While the exact cost has not been identined, it would be a recommendation of the Victim Services subcommittee that a cost-benent analysis be done regarding current practices and how those practices could be further maximized. 43 In addition to state and local sources, funding can be leveraged through the following programs: Diversion Programs: Many programs across the county receive funding through the District Attorneys Omce for Diversion Programs. Te program works in collaboration with the Diversion Program to ensure that victims are anorded the opportunity to connect with comprehensive services as well as avoiding the collateral consequences that result from criminal charges. Tis collaboration increases the amount of referrals coming into the program. 44 Sex Buyer Education Programs: A percentage of fees collected from sex buyer education programs could be dedicated to direct victim services. It would also assist in decreasing recidivism. 45 Asset Forfeiture: Asset forfeiture is an additional funding stream. While the Task Force recognizes that these funds may not be sumcient to fully sustain a program, it could supplement existing programs and services. 41 Id. 42 Id. 43 For a detailed list of public and private funding options and partners, refer to Appendix A. 44 For examples of model programs, please refer to Appendix A. 45 Supra note 40. Recommendations - Victim Services 31 Massachusetts Interagency Human Trafcking Policy Task Force DEMAND REDUCTION Te Demand Reduction Subcommittee was responsible for the following: (v) examine ways to curtail the demand side of tramcking such as self-sustaining nrst onender diversion programs; 1. Suxxai\ oi Ricoxxixiarioxs After performing an assessment of the current demand for sex tramcking in Massachusetts and enective demand reduction tactics, Task Force recommends the following: a. Explore the creation of a statewide technical assistance unit; b. Develop statewide capacity to enable a nrst onender program option for all sex-buying arrestees; and c. Integrate demand reduction in all anti-tramcking initiatives. :. Ixioiraxci oi Dixaxi Riiucriox Demand for commercial sex (prostitution) is the driving force behind sex tramcking. Tramckers and pimps operate on the basic economic principles of supply and demand. If there are no buyers, there is no business. Tose who purchase sex (the majority of which are male) drive the illegal sex trade fuel sex tramcking making it the fastest growing criminal industry by nlling the pockets of pimps and tramckers. Targeting demand is a critical element to a comprehensive approach to combating sex tramcking and should target each element of the economic model: supporting those who have been exploited, and holding the perpetrators including the buyers accountable. To combat demand, it is essential to understand that sex tramcking and prostitution are inextricably linked. Te vast majority of individuals tramcked for sex (mostly women and girls) are sold through the commercial sex industry. Additionally, a minor in the sex trade, whether under a pimps control or not, nts the federal and the Massachusetts dennition of being tramcked. Pimp-controlled prostitution often nts the federal and other states dennition of severe forms of tramcking, as pimps often operate through force, fraud, or coercion. It is impossible to target the demand for tramcked sex exclusively as buyers do not distinguish between someone who nts the federal dennition of tramcked and someone who does not. Targeting the demand for sex tramcking is accomplished only by targeting the demand for commercial sex. Evidence suggests that combating demand reduces sex tramcking and other forms of prostitution. Tere is a growing recognition, especially among law enforcement, that tackling demand is a strategic, preventative approach to sex tramcking. Arresting prostituted women and tramcked girls is inemcient at best, and leads to re-victimization at worst. . Cuiiixr Piacricis A U.S. Department of Justice-funded landscape analysis has identined over 900 U.S. communities that have or currently are addressing demand. Tere are twelve demand reduction tactics commonly employed in these arrests. Tese include auto seizure, community service, letters home to families, license suspension, public shaming, education programs in schools, public awareness campaigns and sex buyer education programs, commonly referred to as Johns schools and described in detail below. Te 32 Recommendations - Demand Reduction Massachusetts Interagency Human Trafcking Policy Task Force implementation of most of these tactics depends on buyers nrst being arrested through reverse stings, stings geared toward the John instead of the prostituted individual. Tough anecdotal evidence suggests these tactics are enective in reducing demand, only reverse stings and sex buyer education programs have been formally evaluated; the results of those studies showing a deterrent enect on buyers. Historically, prostitution arrests have been geared toward the sellers while the buyers often walk free. For every 10 arrests for prostitution, only 1 involves the buyer. 46 However, there are a signincant number of jurisdictions throughout the US that are focusing on arresting the buyers instead. While 32 Massachusetts towns have conducted reverse stings, the towns of Boston, Brockton, Lawrence, Lynn, Haverhill, New Bedford, and Worcester target sex buyers most consistently. Nationally, Polk County Florida, Cook County IL, Nashville TN, and Los Angeles are the most systematic and committed to arresting Johns. Recently, there was a large scale, highly publicized set of reverse stings of 104 buyers on Long Island NY, followed by a high-pronle shaming enort by the District Attorney. Over the past year, the commercial sex market has exploded in North Dakota as a result of the Bakken oil boom, and several small towns have newly- adopted reverse stings in their enorts to control the problem. Under Sherin Tom Darts leadership, the Cook County (IL) Sherins Omce has organized six National Day of Johns Arrests, an ongoing campaign launched two years ago to hold buyers accountable for the role they play in perpetuating an exploitative, often violent industry. Te campaign now encompasses 36 law enforcement agencies, including the Federal Bureau of Investigations (FBI), from 17 states, and including cities such as Boston, Las Vegas, and Los Angeles. Participating jurisdictions simultaneously conduct sting activities on the streets, in hotels and brothels and via the Internet to arrest potential Johns. Combined, the six operations have resulted in 1,473 arrests of sex buyers. Another tactic that is gaining popularity throughout the U.S. is education programs aimed at arrested Johns. Te programs can be structured as a sentencing option and combined with other criminal sanctions, or as a diversion program, resulting in dismissed charges. Tese programs are appealing as a revenue-neutral or even revenue-producing tactic that is evidence-based, and carries few risks or opportunity costs. Tere are roughly 50 sex buyer education programs around the U.S., including the Community Approach to Reduce Demand (C.A.R.D) Program in Worcester, Massachusetts. Tese programs function by receiving referrals through the court process of arrested onenders. However, onenders are not eligible if they have purchased sex from a minor. Although the programs are onered typically only to nrst onenders, there is no reason why repeat onenders could not go through the program multiple times as part of sentencing. Typically, cases are dismissed and the education is used as a deferment if the men volunteer to attend the program (session range from 1 to 10 classes), pay a fee (ranges from $0 - $1500), and meet other conditions (community service, etc.). Te curriculum elements include health consequences, impact on communities, impact on the victims (e.g., many programs have survivors speak), victimization risks, impact on sex buyers, legal consequences and the realities of prostitution. Other topics can include sex tramcking, pimping, sexual addiction, importance of healthy relationships and impact on families. In Massachusetts, the C.A.R.D. Program is a Worcester based, court-ordered program coordinated by Spectrum Health, in collaboration with the Worcester Department of Health & Human Services, police 46 Alexander, Priscilla. Prostitution: A Difcult Issue for Feminists. in Six Woix: Writings by Women in the Sex Industry, (Frederique Delacoste & Priscilla Alexander eds., 1987). Pittsburgh, PA: Cleis Press Recommendations - Demand Reduction 33 Massachusetts Interagency Human Trafcking Policy Task Force department, district court, and district attorney. Te program is currently onered on a quarterly basis for four hours on a Saturday morning at the Worcester police department. Tere is a $200 program fee and in 2012, 18 men completed the program. T he curriculum is based on evidenced-based models adapted for the Worcester community. Topics include legal consequences, health risks, impact on families and community, correlation to intimate partner violence, and realities of the sex industry. Additionally, information and referrals are provided to participants as needed. Upon request, completion certincates are provided to all participants at the conclusion of the class. Designated court personnel are notined of all program completions. Participants are surveyed following class completion and the results are used to improve future programming. . Ricoxxixiarioxs a. Exiioii rui Ciiariox oi a Srariwiii Ticuxicai Assisraxci Uxir In reviewing the subcommittees analysis on demand reduction, the Task Forces nrst recommendation is to explore the creation of a statewide technical assistance unit to lend support to municipal police departments targeting demand, particularly through sex buyer-focused reverse stings, and to consult with Massachusetts State Police or other law enforcement agencies identined by the Administration for the most enective approach. Law enforcement cites two main reasons for not engaging in reverse stings: a lack of female decoys and a lack of technical expertise. To address the lack of female decoys for in person stings, the subcommittee recommend departments work together to deploy female omcers in other jurisdictions by exchanging stan. Tis will help ensure that decoys do not become recognizable. Tere are a number of ways in which these decoys can be used. Tere is the traditional street-level operation in which the decoy elicits oners to buy sex. Tese decoys can also be used to replace brothel stan while continuing the illusion of business as usual. Alternatively, the decoy could be deployed in conjunction with an internet sting. Regarding technical expertise required to operate a reverse sting operation, a training team of law enforcement who have experience with the method could provide training to organizations across the state. Specincally to online stings, the Attorney Generals Omce has a cyber-crime lab that has provided extensive training to law enforcement across the nation on how to use the internet as an enective law enforcement and investigative tool. Tese are incredibly enective as the crime of buying sex is prevalent over the internet. In order to address funding challenges associated with these tactics, like overtime costs, deployment decisions and grant funds could be used. Additionally, the limited resources (including technical equipment) departments have to contend with could be improved through an exchange program. A technical assistance unit would also help to address the need to share female resources across departments. 47 Data collection would be facilitated through this unit, as would the identincation of best practices. Finally, the Task Force recommends that police departments designate one stan person to identify female personnel willing to serve as a resource for reverse stings and create a database to be shared with all MA police jurisdictions. 47 As an example, the Task Force suggests the use of the Pennsylvania State Police model as a guide for this type of collaboration. 34 Recommendations - Demand Reduction Massachusetts Interagency Human Trafcking Policy Task Force n. Diviioi Srariwiii Caiacir\ ro Exanii a Fiisr Oiiixiii Piociax Oiriox ioi Aii Six-Bu\ixc Aiiisriis Te Task Force recommends the Commonwealth build upon the existing sex buyer education program and support the creation of similar, regionally-based programs. Additionally, it may be possible to refer onenders from other jurisdictions to the Worcester C.A.R.D. program, as they are not at capacity and have a scalable program. Additional costs in adding participants to the C.A.R.D. program would be marginal, as the class can currently seat 50 and the number of attendants depends on arrests and sentencing. Recently, Westborough District Court started sending arrestees to the Worcester program. Te Task Force recognizes that jurisdictions may have dinerent ideas on how to implement a sex buyer program, and that jurisdictions do not need to have the same protocols, fees, etc. for buyers to attend the program. 1. Working Group In the short term, the Task Force recommends the education of as many Johns as possible. Education should include information about the links between sex tramcking and prostitution and the harm their actions innict on those they are buying, the buyers themselves, their families, and their communities. To facilitate this endeavor, the Subcommittee recommends a working group be convened to explore establishing sex buyer education programs in other Massachusetts jurisdictions where law enforcement is already conducting reverse sting operations. Tis group could also draft program guidelines or standards that would provide a minimum set of curriculum expectations, including survivor participation, legal consequences, health risks, impact on families and community, and realities of the sex industry. In order to onset costs, these guidelines should also denne a nscal model that creates revenue for survivor services, as well as to partners involved in the education program operations. Although the Subcommittee does not recommend that the programs be either a sentencing option or a diversion option, the committee does agree that if a diversion option is onered to buyers, diversion option must also be onered to the sellers. 48 Recommended guidelines should also provide physical and mental health resources to be onered to attendees. Moreover, to be enective, the program should be onered in other languages or translators should be made available. 2. Fines and Fees Te Task Force recommends that nnes from sex buyer arrest be split between victim services, law enforcement, and the courts. Te subcommittee recommends 45% of the nnes go to the HT fund, 45% to the criminal justice entities involved in the reverse stings, and 10% go to the courts. Tis model has worked with the First Onender Prostitution Program in San Francisco. Teir program generated about $3.1 million over the course of 10 years and gave about $1 million each to the San Francisco District Attorney, the San Francisco Police Department, and SAGE. 48 Te Standing Against Global Exploitation (SAGE) project (www.sagesf.org) in San Francisco provides a national model for nrst time seller diversion programs. Recommendations - Demand Reduction 35 Massachusetts Interagency Human Trafcking Policy Task Force c. Ixriciari Dixaxi Riiucriox ix Aii Axri-Tiaiiicxixc Ixiriarivis Tere are a number of ways that demand reduction tactics can be integrated into other anti- tramcking initiatives. When designing and implementing training for law enforcement, it is important to ensure that every police omcer, prosecutor, and judge understands the role demand for commercial sex plays in fueling sex tramcking. Te Task Force recommends training on innovative practices to stem demand, such as education on the impact of the crime and reverse stings. Additionally, demand reduction can be addressed in trainings with law enforcement to ensure cases are investigate, pursued, prosecuted, and not merely dismissed. In educating students, the goal is to prevent them from becoming buyers in the nrst place. Demand reduction education should be linked with related school health and sex curricula in age and language appropriate ways. In terms of public awareness, the subcommittee recommends communicating the realities and harm involved in prostitution to try and address the myth of the victimless crime. Te subcommittee recommends that the role buyers play in sex tramcking and the new, higher nnes are highlighted. Regarding data collection, the subcommittee recommends establishing baselines by which to measure success in the future and to be able to identify displacement of purchasing sex. Tis would include tracking not only buyer arrests, but also how many buyers are charged the minimum $1,000 nne as well as obtaining accurate numbers year to year about the prevalence of men arrested for buying as compared to women arrested for selling. Finally, in terms of the demand for tramcked labor, the new labor group that is also recommended in this report (see Recommendations - Labor Tramcking) should examine clean supply chain legislation. 49 Te labor group should also examine government contracting and industry best practices.
49 See e.g. Cai. Civ. Coii 1714.43 (2013); Cai Riv. x Tax Coii 19547.5 (2013). 36 Recommendations - Demand Reduction Massachusetts Interagency Human Trafcking Policy Task Force DATA COLLECTION AND INFORMATION SHARING Te Data Collection and Information Sharing Subcommittee was responsible for the following: (i) coordinate the collection and sharing of human tramcking data among government agencies; provided, however, that such data collection shall respect the privacy of victims of human tramcking; coordinate strategies and make recommendations for law enforcement to share information for the purposes of detecting individuals and groups engaged in human tramcking; (ii) review and recommend policies and procedures to enable state government to work with non- governmental organizations and other elements of civil society to prevent human tramcking and to protect and provide assistance to victims of tramcking; 1. Suxxai\ oi Ricoxxixiarioxs After performing an assessment of the current data collection practices in Massachusetts and nationally, the subcommittee recommends the following: a. Establish a human tramcking victim dennition for data collection purposes; b. Deploy the screening tools and guidelines developed to support victim identincation; c. Pilot a coordinated data collection response across the state; and d. Use the information from the data collection pilot to create a state wide data collection tool and protocol. :. Ixioiraxci oi Dara Coiiicriox axi Ixioixariox Suaiixc Te importance of collecting, analyzing, and sharing data is two-fold: it aids in identifying and serving victims of human tramcking, and provides law enforcement with a tool to further identify and prosecute tramckers. Unless victims of human tramcking are accurately identined, they cannot receive appropriate services. Consequently, the identincation of victims directly and indirectly leads to the identincation of tramcking perpetrators or enterprises and human tramcking situations. Without making this correlation, it is dimcult to hold tramckers accountable and prevent further victimization. At the outset, tools used to collect data assist in the identincation of victims. Tis is the initial and often the most critical step in pulling victims out of the life. Additionally, data collection provides law enforcement and service providers with the ability to better understand who is being tramcked, how they are engaged and kept as victims, and how they received help. Quantifying the problem is critical if service providers are to secure funds to help victims. Understanding how victims move through the system allows for the evaluation of how to emciently use resources. Data analysis also enables law enforcement to more enectively identify, investigate, arrest, and prosecute perpetrators. For example, it provides critical support in identifying best practices as they relate to preventing and addressing tramcking. . Cuiiixr Dara Coiiicriox Piacricis Human tramcking identincation and response is largely uncoordinated throughout the state. Law enforcement, social service and victim service providers traditionally rely on victims to self-identify and there is not a current process to screen for human tramcking victims. Practitioners and agencies, such as Recommendations - Data Collection 37 Massachusetts Interagency Human Trafcking Policy Task Force educators, public health omcials, medical practitioners, and community and faith-based organizations that presently come into contact with victims of human tramcking, do not have the training or screening tools to help identify human tramcking victims. As a result, human tramcking is likely under-identined in Massachusetts. Currently in Massachusetts, the Boston Police Department, Massachusetts State Police and Sunolk District Attorneys Omce (through the Childrens Advocacy Center) all have systems to collect information on human tramcking victims and minor victims of commercial sexual exploitation, including at risk individuals. Te data collection systems are not integrated, and information about potential victims or suspects is shared informally and generally on a case-by-case basis. Te Boston Police Department, Massachusetts State police and other local law enforcement agencies in the state capture information about human tramcking incidents, suspects and victims in traditional records management systems. However, there are generally no specinc nags or designations within these systems to identify human tramcking incidents or arrests. Information gathering in the state is less routine. For example, regulatory agencies such as the Division of Professional Licensure do not regularly track human tramcking activity, but do collect the information in other nelds such as unprofessional conduct. State government agencies like DCF and the Department of Probation may collect information on human tramcking in individual client records, but there are no specinc designations for this information within their regular client information systems. In the service provider arena, data collection faces similar challenges. While some providers collect information on both current human tramcking victims and potential victims, others that service victims with sensitive legal issues (e.g., immigration) or are connected with government entities, face restrictions on collecting information that will be shared outside the particular provider. Federally in Massachusetts, data on human tramcking is collected by the Federal Bureau of Investigation, Department of Homeland Security and the U.S. Attorneys Omce. Tere is one major caveat, the data collected is not routinely shared across federal agencies and is not shared with state and local law enforcement except in specinc situations. 50
Indeed, even when government agencies or service providers report basic information about the number of human tramcking victims identined or served, these statistics are generally collected using agency- specinc dennitions of human tramcking. Disagreement about the dennition of human tramcking has undermined enorts to collect, share and aggregate data on human tramcking for either operational or statistical purposes in agencies throughout the commonwealth. Additionally, identifying information about victims typically cannot be shared, making it impossible to determine if victims are counted in multiple data collection systems. Oruii Moiiis oi Huxax Tiaiiicxixc Dara coiiicriox axi ixioixariox suaiixc Nationally, there are few good models for statewide information sharing and data collection. Te federal government supports three human tramcking data collection enorts: 50 Te U.S. Attorney Generals Omce in Massachusetts leads a quarterly intelligence sharing meeting where federal partners including FBI, U.S. Immigration and Customs Enforcement (ICE) and U.S. Dept. of Labor (DOL), along with the Massachusetts State Police, the Boston Police Department and District Attorneys may share information about ongoing investigations. However, this information is not recorded in any centralized database or shared through any digital medium. 38 Recommendations - Data Collection Massachusetts Interagency Human Trafcking Policy Task Force Human Tramcking Reporting System (HTRS) a web-based data entry system that collects investigation level information, including detailed information about suspects and victims for all investigations opened by law enforcement partners working in federally funded human tramcking Task Forces. HTRS is funded by the Bureau of Justice Assistance and managed by Northeastern University and Urban Institute. Tramcking Information Management System (TIMS) the Omce of Victims of Crime (OVC) counterpart to HTRS. Access-based data collection system that collects information about victims that are served under the OVC grants for the victim service provider partners in the federally funded human tramcking Task Forces. Funded by OVC and managed by Caliber ICF. National Human Tramcking Resource Center (HTRC) Database that collects information about the characteristics of cases that are reported to the national hotline. Funded by the U.S. Department of Health and Human Services and managed by the Polaris Project. On the state level, data collection varies greatly. 51 Arguably no state has a centralized data collection system or registry that tracks human tramcking across multiple state agencies according to a common dennition. Te systems that do exist largely rely on data from law enforcement, which tends to be incomplete because not all human tramcking victims are recognized by law enforcement. Moreover, the lack of unity in one human tramcking dennition poses challenges to sharing and aggregating data for those state law enforcement, government and non-government entities that to collect data. . Ricoxxixiarioxs a. Esraniisu a Huxax Tiaiiicxixc Vicrix Diiixiriox ioi Dara Coiiicriox Puiiosis Te subcommittee recognized the need for a uniform and simple dennition of human tramcking victim to guide identincation and collaboration. Te dennition is not to replace the legal dennition, rather it is to guide the entry and sharing of information about human tramcking across government and non-government agencies (see discussion of dennition in Appendix G). n. Diiio\ a Sciiixixc Tooi axi Guiiiiixis Diviioiii ro Suiioir Vicrix Iiixriiicariox Te second recommendation focuses on employee screening tools and protocols to guide the victim identincation process (Appendix D-F). Te Task Force recommends practitioners throughout the Commonwealth be trained to use a set of screening questions in making referrals about potential victimization. Tese screening questions should be used as a guide, rather than a tool, to assist the practitioner in a conversation with potential victims about their experiences to identify indicators of human tramcking. Moreover, the Task Force recommends a process to regularly screen all individuals arrested for prostitution onenses for potential human tramcking victimization. In addition to the detailed screening questions, the subcommittee recommends a few questions be 51 For example: Te Texas Attorney Generals Omce uses HTRS for its federally funded task force cases and voluntarily for non- funded cases; New York collects information on tramcking victims through the New York State Division of Criminal Justice; the California Attorney General collects statistics on human tramcking cases identined across the nine regional task forces that report information quarterly through the California Emergency Management Agency, and the California Department of Justice collects information on human tramcking arrests and case dispositions through their criminal justice information system; and Florida Department of Law Enforcement began a process to develop a statewide human tramcking information sharing and centralized database in 2009, but the enort was halted due to state funding cuts. Recommendations - Data Collection 39 Massachusetts Interagency Human Trafcking Policy Task Force added to a broad range of regular intake forms to help alert dinerent types of practitioners that they should be screening for human tramcking victimization. 52
In the process of screening for victimization, it is the Task Forces recommendation that the screener only refer an adult victim to government agency if the victim or potential victim consents that information about them be shared. Both adult and minor victims should be advised of their rights as victims during the screening process. Te protocol should guide users to be as honest as possible about the possible consequences of a victims participation in the screening process. For example, if they are referred to law enforcement what are the potential outcomes? It may be important to notify a person that DCF may need to be notined if there are concerns about the safety of a persons children. Screeners should identify but not overstate possible risks. As a result of the law, exploitation of minors must be reported to DCF. A minors consent in this report is not required. Terefore, screeners should be encouraged to be honest with victims about this required reporting. Importantly, ensuring the safety of the adult victim or potential victim should be at the forefront of the screening process. Te screener will not be able to guarantee the safety of adults once they leave the situation where they are screened. Terefore, it is important for the screener to make a safety plan with people before they leave regardless of referral. Tus, the screening process should include the development of a one page if you need help handout with information about where to get various types of assistance and support. Additionally, there are immigration and cultural issues that need to be addressed in order to best screen for and serve victims from other countries. Te subcommittee expressed concern that the protocol oner guidance about how to assess the language and literacy issues of a person before starting the screening. If interpreters are needed it is critical to ensure that the potential victim feels comfortable with the interpreter and that the interpreter is not connected to the tramcker or the tramcking situation. Tese issues become even more important when we consider the duality of interrogation and screening. Te subcommittee recommends that these concerns be addressed in the labor group proposed in this report Moving forward, the Task Force recommends that over the next year, the screening tool and protocol be disseminated through the training plan. Te subcommittee also recommends that a clear protocol be drafted that identines when the tool is to be used to screen for tramcking and when police interrogation should be used. A broad range of service providers and government omcials need to be trained in screening potential victims and use of protocols to guide response to victims and incidents. Case coordinators and multi-disciplinary team members need more extensive training on adult and minor human tramcking identincation and response. Because the tool and the protocols are already created, the cost associated with the dissemination of the tool would be absorbed into training and the website recommendation in this report. 52 For example, these questions may include: Is anyone making you do something you do not want to do? Has there been a time when you felt you could not leave your job/pressured to work Have you ever exchanged sex for money or something of value or Is anyone threatening you?) If the answer to these basic screening questions was yes the practitioner screen further using the recommended screening questions. 40 Recommendations - Data Collection Massachusetts Interagency Human Trafcking Policy Task Force c. Piior a Cooiiixarii Dara Coiiicriox Risioxsi Acioss rui Srari Enective data collection serves many purposes. Achieving each purpose may require dinerent types of data be collected. Some of the goals of data collection include: (1) statistics on number of human tramcking victims and incidents to measure the scope and characteristics of the problem in Massachusetts; (2) information for intelligence sharing and case development to improving police operations; and (3) information for coordinated case management to enectuate improving victim services. Te foundation of the data collection and information sharing database is that it engages the right people and tracks the right information. Consequently, the nrst critical step in any enective data collection process is to fully understand the roles of the stakeholders and ensure that each is involved in the process. Terefore, the Task Force recommends a piloted, county based multi-disciplinary human tramcking response approach process by which information about potential human tramcking victims could be coordinated. Tis would ensure that the state has a clear understanding about what data should be collected and how it should be done before an investment is made in an expensive data collection software program. Te pilot would be revisited at 12 months, and an action plan for the creation of a state wide data collection system should then be created. Absent a centralized system to collect and share information about human tramcking incidents, data that is collected about human tramcking or potential human tramcking situations by governmental and non-governmental agencies is not collected according to a uniform dennition and generally cannot be shared across agencies. Te subcommittee recommends the development of human tramcking data and information sharing system in the Commonwealth. Next Steps Over the next year, we recommend that Multidisciplinary Teams (MDT) in each county be brought together to draft their own model protocols for collecting data and addressing tramcking. Tere are a number of organizations in those counties who could be included in the process: Attorney General Omce District Attorney Massachusetts Chiefs of Police and Major City Chiefs Associations Department of Children and Families Professionals trained to assess and serve sexually exploited children Social service providers who serve adult and child human tramcking victims Legal advocates who serve foreign national human tramcking victims Victim service provider agencies including Information Technology (IT) personnel from victim service provider agencies Other agencies such as the Committee for Public Counsel Services, Child Advocacy Centers, and the Department of Youth Services Every county has dinerent strengths and challenges in addressing tramcking. Because of this, we recommend that counties work together to draft specinc protocols that renect these dinerences. Tese protocols should address work now and privacy issues. Protocols should include information on how to share data across jurisdictions, when to interrogate and when to screen for tramcking, how to work with outside partners, and what data should be screened for and how it should be shared. Recommendations - Data Collection 41 Massachusetts Interagency Human Trafcking Policy Task Force In some parts of the state (e.g. Sunolk County) there are partnerships between law enforcement and victim service that could serve as models for information sharing and coordination. For example, the Support to End Exploitation Now (SEEN) Coalition in Sunolk County has a protocol for identifying and responding to minor sex tramcking and commercial sexual exploitation of children (CSEC) built around the child abuse/neglect reporting system. 53 Partners in the county could build upon the model of the SEEN protocol and response strategy to better identify, respond and share information about adult sex tramcking victims and labor tramcking victims. Unfortunately, these types of partnerships do not exist statewide. As a result, in most parts of the state it is necessary to build the capacity of law enforcement, victim service providers and other relevant agencies to work collaboratively in order to facilitate information sharing and coordinated response processes to improve the identincation and assistance of human tramcking victims. In order to support this initiative, the subcommittee recommends that a state wide group convene made up of representatives from each of the agencies above and chaired by the Massachusetts District Attorneys Association or another organization identined by the Administration to help guide the work of these groups and provide additional technical support when needed. A neutral facilitator for this group would be extremely helpful to the process in ensuring that all voices around the table are heard and understood. Additionally, the Task Force recommends that each District Attorneys Omce (DAO) identify a case coordinator for these victims and that each case coordinator is connected to both state and federal partners, victim service providers, and has positive working relationships with all partners. Te subcommittee recognized that it may be necessary for the case coordinator to vet referrals before being sent to the multidisciplinary team, but recognized that vetting comes with challenges that necessitate a high level of skill for each case coordinator. For both adults and minors a MDT approach requires multiple law enforcement and victim service providers to work together as a team. Te multidisciplinary team would need to agree on what the goals are for cases generally and for individual cases. While some models for the case coordinator and multi-disciplinary team exist in Massachusetts, most agencies do not have experience working collaboratively on human tramcking. As a result, the subcommittee recommends a model with associated referral systems and data collection and information sharing be piloted across counties, with evaluation and reassessment before being established statewide. Te data collected from the counties can be used across the state to address crime trends. Additionally, the data can be collected state wide to get a better understanding of tramcking in Massachusetts. Tese county based MDTs will be able to identify how to best work together. Tis learning will then be used to draft a statewide system and protocol. 53 Mass Gix. Laws. c. 119, 51A (2013). 42 Recommendations - Data Collection Massachusetts Interagency Human Trafcking Policy Task Force i. Usi rui Ixioixariox iiox rui Dara Coiiicriox Pio;icr ro Ciiari a Srari Wiii Dara Coiiicriox Tooi axi Piorocoi In the longer term, the Task Force recommends the development of a centralized information sharing system and database. Such system would collect data about potential victims, suspects and incidents in an operationally useful manner to both law enforcement and victim service providers, while protecting privacy and maintaining conndentiality where appropriate. Tere are models for data collection and information sharing in Massachusetts and elsewhere for other crimes/events that should be consulted. For example, the subcommittee examined the data system developed for the City of Boston Partnership Advancing Communities Together program (PACT) this project includes a centralized data system where service providers would have access to see some of the information on at risk kids and their families from law enforcement, though the service providers do not currently report their case management information or client information into the PACT system. Te subcommittee identined a series of principles to help guide the development of such a system. Te data system could collect information similar to that specined in Appendix I, which lists data neld identined in other human tramcking data collection systems. Recommendations - Data Collection 43 Massachusetts Interagency Human Trafcking Policy Task Force EDUCATION AND TRAINING Te Education and Training Subcommittee was responsible for the following: (iv) and oner recommendations for programs and educational and training opportunities for law enforcement and social service providers including, but not limited to, methods used to identify human tramcking victims including preliminary interviewing and questioning techniques, methods of protecting the special needs of women and child human tramcking victims, developments in state and federal laws regarding human tramcking and methods to increase enective collaboration between state and local agencies, law enforcement, social service providers and non-governmental organizations; (viii) recommend strategy and relevant methodologies for training providers in health and human services in the recognition of signs and circumstances indicating that an individual is the victim of human tramcking and the appropriate steps to report the individual to the appropriate law enforcement personnel or agencies; (ix) recommend ways to develop and promulgate educational materials and health curricula that may be used by school administrators and educators to identify human tramcking victims and the appropriate actions to be undertaken when such victims are identined and to educate school omcials as to the scope and magnitude of human tramcking in the nation and the commonwealth including, but not limited to, how to prevent it and developing a parent guide and teacher training material on internet safety and methods of preventing the exploitation of minors over the internet; 1. Suxxai\ oi Ricoxxixiarioxs After evaluating human tramcking training and strategies nationwide, the Task Force recommends the following: a. Make a basic level of human tramcking training available to all health care, law enforcement, nrst responder, and education providers; b. Support a fundamental shift in understanding, identincation, response to victims, and systemic change through the trainings; b. Use consistent language renecting the lives of survivors; d. Include screening and data collection protocols in the training; and e. Design trainings to be as enective as possible through the use of a tiered approach, face to face delivery, multidisciplinary method for at least a portion of the training, and well qualined trainers. :. Ixioiraxci oi Eiucariox axi Tiaixixc Currently, schools, parents, students, law enforcement, nrst responders, and social services providers are not consistently aware of what tramcking is, how to identify a victim, and what to do when the victim is identined. It is critical to the successful implementation of the current law, that these parties have the knowledge and the skills to prevent tramcking when they can, and to address the situation and help the victim when they cannot. Additionally, consistent messaging across the state is necessary. All providers need to understand best practices regarding addressing the crime and its victims. 44 Recommendations - Education and Training Massachusetts Interagency Human Trafcking Policy Task Force . Cuiiixr Piacricis Signincant strides have been made in the last decade regarding training in exploitation and sex tramcking. However, there are no human tramcking requirements for schools, law enforcement, nrst responders, or medical providers, and there is no systematic training plan for these entities. Rather, trainings are onered as a result of grant funding or specinc requests. Often, these trainings are aimed at awareness raising rather than technical support. Many school personnel remain unaware of commercial sexual exploitation and domestic tramcking amongst students. Tere is a commonly held misconception that this doesnt happen in my school, especially in smaller communities. Additionally, many school personnel do not realize they are mandated reporters for human tramcking under the current law. Some state law enforcement agencies are very well informed about tramcking and how to best address the issues. On the other hand, other law enforcement personnel do not know tramcking is a problem, what tramcking looks like, or how to address its attendant issues. It is necessary to address this gap in expertise in order to be consistent across the state in tramcking law enforcement and victim services. For nrst responders and social services providers, trainings are mostly provided on an as needed basis. Here, too, there is inconsistent messaging about how to address tramcking victims. Te greatest volume of training is focused on domestic minor sex tramcking, with a greater emphasis on girls than on boys and transgender youth. However, some signincant training on adult sex tramcking and labor is available. 54 . Ricoxxixiarioxs For schools, parents, students, law enforcement, nrst responders, and social services providers, the Task Force recommends the following: All schools, parents, teachers, law enforcement, social service providers, and nrst responders receive some form of tramcking education. Not everyone will need the same amount of training. For some, the training should raise awareness and address common misconceptions. For others, technical assistance on how to address the issue is required. In order to use resources most enectively, the Task Force 54 According to a 2008 study done by the Massachusetts General Hospital (MGH) regarding human tramcking awareness amongst health care providers, research found that general awareness is low except when there is an organic in-house champion. Currently in Massachusetts there are various collaborations, publications and presentations being done regarding human tramcking and health services. A special collaboration between Northeastern university School Health Institute and the Massachusetts Dept. of Public Health Human tramcking and Training Subcommittee under the guidance of the Director of School Health Services, produced 6 modules that address a variety of issues concerning human tramcking for school personnel, especially school nurses. Te site has had over 300 hits this school year. Modules (45 minutes to an hour) include: Overview of Human Tramcking; Law Enforcement; Mandated Reporter Requirements and Resources for Victims of HT; Health Care for Victims of HT; Exploitation of Male Children and Adolescents; Guidelines for School Nurses. MGHs Division of Global Health & Human Rights, Department of Emergency Medicine, is collaborating with the Massachusetts Medical Society to produce a training manual for physicians on human tramcking. MGHs Division has a Human Tramcking Initiative that has designed and deployed a training program on human tramcking for health care workers. To date, the MGH group has provided more than 40 trainings/grand rounds/invited lectures on human tramcking in the US and in the Caribbean. Recommendations - Education and Training 45 Massachusetts Interagency Human Trafcking Policy Task Force recommends a tiered approach to the trainings. Due to the complex nature of the crimes and the pre- existing misconceptions, face-to face training is recommended. 55 Language must be consistent statewide across all trainings and renect the realities of the survivors lives. For example, recent awareness trainings sought to paint a picture of a badly beaten and shackled woman to create an image of a sex tramcking survivor. While this may be an accurate representation of some experiences, it does not encompass the full breadth and complexity sex industry survivor experiences. While phrases such as modern day slavery are useful for painting a national picture for communities, it is not useful in the training context. Trainings and screenings should use phrases and words such as: inherent harm of the commercial sexual industry commercially sexually exploited complicated lives power/control Trainings and screenings should avoid phrases and words that may sensationalize or minimize, such as: slavery sex work any derogatory term for a person in the sex industry forced prostitution All trainings should be nuanced and reference an understanding of the societal factors that drive tramcking such as greed, money and power, and that allow or cosign tramcking such as economic in- equality, racism and sexism. Te Task Force recommends that trainings onered that are both single discipline and multidisciplinary for they are both necessary and powerful to the trainees. 56 In all trainings, it is useful to cultivate an in house champion. In addition, it is ideal to develop ongoing mechanisms for cross collaboration post-training. Lastly, all trainings should incorporate screening and data collection protocol and victim services recommendations. For all trainings, it is recommended that trainers have experience as tramcking victim service providers. Training should be survivor-led or survivor-informed, and integrate voices and expertise of survivors in the service delivery model. Trainers should be in the neld more than three years and have the ability to make connections and synthesize best practices in the neld nationally. Finally, trainers should be able to integrate clinical framework, practical knowledge, and understanding of MDT response. A. SCHOOLS In order to implement trainings within schools and among school personnel, individual superintendent and school board buy-in is critical. School nurses are particularly important individuals to target when training stan on human tramcking. 55 Te Health Belief Model posits that in order for behavior change to occur, one must shift attitudes, knowledge, and skills (rather than only knowledge which is targeted through awareness training). Te importance of behavior change has been proven through HIV prevention and other public health campaigns. N.K. Janz & M.H. Becker. Te Health Belief Model: A Decade Later. Health Education & Behavior. (1 January 1984). 11 (1): 147; I.M. Rosenstock ET AL. Social Learning Teory and the Health Belief Model. Health Education & Behavior. (1 January 1988). 15 (2): 175183. 56 Multidisciplinary trainings are trainings that have a multidisciplinary team as trainers and as attendees. Tis form of training is useful in that it providers all members of the team a common language, knowledge, and skill set to work from. An example of multidisciplinary tramcking training in Massachusetts is the SEEN 2 day MDT training. Day one provides attendees with an introduction to CSEC and how to address their needs. Day two teams participants in multidisciplinary groups and asks them to discuss cases, dispel myths about various roles and mandates, and build relationships. marginalized people recovery exit resilience promiscuous throwaway youth resistant rescue 46 Recommendations - Education and Training Massachusetts Interagency Human Trafcking Policy Task Force Teir open-door policies, opportunities to observe students across grade levels, and experience in child- abuse reporting, place school nurses in a unique position to identify potential victims. Based on the research the subcommittee conducted, the Task Force recommends: 1. A tiered training program for all school personnel; 2. Information sharing amongst students, parents and young people in General Educational Development (GED) and alternative education programs; and 3. A computer lab policy that incorporates internet safety. Scuooi Ricoxxixiariox 1: Tiiiii Tiaixixc Piociax An in-person training conducted by members of an MDT is the most enective approach in ensuring stan understand the issue and how to react appropriately. It is recommended that members of law enforcement, DCF, and medical and mental health professionals lead trainings. Tier One Personnel and Curriculum Personnel includes: Teachers/Teachers Aids; Coaches/athletic department personnel; Janitors; Cafeteria workers; Basic curriculum would be provided during stan meetings or as part of back-to-school trainings. At the end of the training, participants will be able to describe: Human tramcking in terms of the Massachusetts law; Te fundamentals of human tramcking including the types of tactics tramckers use to lure and keep victims; An overview of the crimes surrounding tramcking; Teir responsibility if they suspect someone is being tramcked; and Te dynamics of tramcking and signs of potential victimization. Training should be mandated for all existing and new stan, and materials regarding tramcking should be included in new-hire packets distributed to personnel. Tier Two Personnel and Curriculum Personnel include: School nurses; Guidance counselors; Health Ed teachers; School Administrators; and School police/resource omcers/attendance omcers. Advanced curriculum would use outside training and have a goal of cultivating an in-house champion. In addition to the abilities above, at the end of the advanced curriculum, stan will be able to explain: Parent volunteers; Bus drivers; Substitute teachers; and Afterschool program workers Recommendations - Education and Training 47 Massachusetts Interagency Human Trafcking Policy Task Force Additional aspects of the tramcking law include the Safe Harbor provision and privileged communications; Te steps schools can take to prevent human tramcking; Victims need in the short, medium, and long term for recovery; Details about their obligations are as mandated reporters; Teir role in the school as it relates to tramcking; and Resources available to stan in onering support to victims. Scuooi Ricoxxixiariox :: Tiaixixc ioi Sruiixrs axi Paiixrs To enectively educate students and parents on human tramcking and exploitation, the Task Force recommends that elementary, high school, and college age students be educated on tramcking in an age appropriate manner. Teachers should incorporate curriculum into lessons that address anti- bullying, online safety, domestic violence and healthy relationships. In addition, information about human tramcking should be provided to adolescents who are not in schools, but instead are engaged in GED programs or other alternative educational programs. Schools can send home brochures and packets to parents at the beginning of the school year to increase their awareness of human tramcking. Tese brochures and packets should be provided in multiple languages. After school programs should also provide information to parents. Te provided information should include a dennition of human tramcking, signs and ways to identify tramcking, what parents can do if they suspect that their child or someone they know is involved in tramcking, and ways to report concerns to the proper authorities. Te Task Force recommends the NetSmartz program from the National Center for Missing and Exploited Children (NCMEC) and My Life My Choice (MLMC) as two organizations to assist schools in this training. 57 Scuooi Ricoxxixiariox : Ixcoiioiari ixriixir saiir\ Te subcommittee recommends internet safety is incorporated into the technology use policy that all students must sign. Currently, there are several programs available on internet safety throughout Massachusetts. In addition to the afore mentioned web-based NCMECs NetSmartz program, there is an online safety program onered through the Sunolk County District Attorneys Omce which is targeted at children and parents of children from nfth grade through high school. Te program addresses issues of human tramcking and bullying. Tis program is also being employed by private and parochial schools, DCF to train their foster parents, and at after school programs and Boys and Girls Clubs. Boston Public Schools also oners online safety workshops through its Parent University program, which occurs three times a year. 57 My Life My Choice works to address commercial sexual exploitation of adolescent girls in the United States. Trough victim- centered mentoring, prevention education, and advocacy, MLMC is educating and empowering girls to nnd a positive life path and working to eliminate the violence of sexual exploitation. MLMC oners a unique continuum of services spanning provider training, prevention groups for vulnerable adolescent girls, case consultation, and survivor mentoring to young victims of commercial sexual exploitation. MLMC has successfully trained over 5,500 youth providers in Massachusetts and nationally, has provided prevention groups to 1,200 girls and mentored over 200 girls in the metro-Boston area. MLMC is able to have a signincant impact on a hard-to-reach population by employing survivors as group leaders, trainers and mentors. Teir nrst-hand accounts of victimization have informed group and training curricula and are the voice of authenticity to girls entrapped in a life of abuse. Furthermore, two employees from MLMC, Lisa Goldblatt-Grace the Executive Director and Audrey Morrissey, Program Director, are both governor appointees to the Task Force. 48 Recommendations - Education and Training Massachusetts Interagency Human Trafcking Policy Task Force B. LAW ENFORCEMENT Currently there are several gaps in the education and training of law enforcement: Omcers remain unaware of the new tramcking statute and how to best approach these cases/ investigations; Omcers do not realize that they are mandated reporters when it comes to tramcking; Omcers are unaware of the benents and procedures of the Human Tramcking Victim Trust Fund, and often do not take full advantage of seizing property; and Often omcers still see minor victims of human tramcking as delinquents; and all sex tramcking victims as prostitutes who have a made what the omcer believes to be a choice. Law Exioicixixr Ricoxxixiariox 1: Ixcoiioiari ixioixariox ixro ixisrixc iiociaxs Currently, an existing training structure is in place for all sworn omcers across the Commonwealth. Tat structure includes basic recruit, in-service and advanced trainings. Te Task Force recommends building upon this existing structure and the relationship between the Municipal Police Training Committee (MPTC) and any other law enforcement training organizations identined by the Administration and the Massachusetts State Police to facilitate any added curriculum specinc to human tramcking training for law enforcement. 58 Additionally, Massachusetts has a very qualined group of local experts, whose trainings can be leveraged for all state law enforcement. Te Boston Police Human Tramcking Unit and the Massachusetts State Police have performed the vast majority of law enforcement training in Massachusetts. Tey, or other law enforcement agencies identined by the Administration, should be consulted in the development of the training. Tese two units have a great deal of experience investigating human tramcking cases and collaborating with social service agencies, such as My Life My Choice, on the development and deployment of the trainings. Tese entities have frequently worked together to provide training. More recently, the Attorney General Omces Enterprise and Major Crimes Division and U. S. Attorneys Omce, in conjunction with local District Attorneys Omces, FBI, Homeland Security, MSP, the Boston Police Department, and the Department of Labor, have organized trainings for law enforcement state- wide. 59 Law Exioicixixr Ricoxxixiariox :: Tiiiii Tiaixixc ioi Law Exioiciis axi Ciixixai Jusrici Piisoxxii A model training using the train-the-trainer format where law enforcement leads trainings is recommended. Historically, the Executive Omce of Public Safety and Security facilitated the development of a standardized training curriculum specinc to Sexual Assault and Domestic Violence trainings. Identined trainers throughout the state participated in a train-the-trainer sessions to develop curriculum and certify new trainers, and these certined trainers went on to teach for the Massachusetts Police Training Committee and the State Police using the identined curriculum. Tis train-the-trainer format has been very enective at reaching the entire state, while simultaneously standardizing the information being taught. Te subcommittee recommends consulting with these and any other Administration identined law enforcement agencies in the development of training. 58 Assistant District Attorneys (ADAs), clerks, Dept. of Corrections (DOC) omcers, campus police, Dept. of Youth Services (DYS), and probation can be trained using some iteration of the curriculum developed for sworn omcers. 59 ADAs, clerks, DOC omcers, campus police, DYS, and probation have recently requested and participated in these trainings. Recommendations - Education and Training 49 Massachusetts Interagency Human Trafcking Policy Task Force Te Task Force recommends face-to-face training modules that incorporate e-learning. E-learning can be an enective method of reaching high numbers of omcers and criminal justice personnel; however, it is best used to provide legal update-type information. All departments have access to e-learning systems, making these updates easily disseminated. Starting in 2013, the Federal Bureau of Investigations began collecting data on sex and labor tramcking as part of the Uniform Crime Report program. Nationally, law enforcement will need training on the change, and incident and arrest forms throughout the Commonwealth will need to be changed to include human tramcking onense categories. Te need for training on this issue provides an opportunity for the state to make several updates to training, data collection and law enforcement records as they relate to human tramcking. 60 Tier One Personnel and Curriculum Personnel include: New recruits; and Probation omcers Additionally, the task force recommends that training be provided to prosecutors in separate sessions. Te nrst tier of training can be built into the new recruit sexual assault curriculum. At the end of the training, tier one participants will be able to describe: Victim dynamics associated with human tramcking; Te need to treat victims as victims, not as onenders; Basics of the new human tramcking statute; Who to contact to refer potential human tramcking cases; Preliminary interviewing and questioning techniques; Appropriate referral options; and Te processes involved in U and T visas (prosecutors only, see the victim services section of the report and Appendix B). 60 Most law enforcement agencies in Massachusetts have a strong working relationship with each other. However, the multi- jurisdictional nature of crimes involving human tramcking sometimes makes the balance of boundaries and collaboration challenging. Clarined policies on when and how to share information between jurisdictions disseminated through trainings would be extremely enective in addressing this issues. 50 Recommendations - Education and Training Massachusetts Interagency Human Trafcking Policy Task Force Tier Two Personnel and Curriculum Personnel include: Veteran omcers Te second tier can be incorporated into the mandated annual 40-hour in-service training. In addition to everything in tier one, at the end of the second tier training, participants will be able to describe: Information on up to date case law; Best practices for responding enectively to victims; Te importance of reverse stings and how to conduct them; and How to work within the multidisciplinary team framework. Tier Three Personnel and Curriculum Personnel include: Omcers and other members of the criminal justice system who specialize in human tramcking Tis training would be self-selected by interested individuals and would be focused on advanced topics in conducting human tramcking investigations. In addition to tier one and two, at the end of the third tier training, participants will be able to: Understand and use multi-jurisdictional investigative techniques to successfully investigate, arrest, and prosecute onenders. C. MEDICAL AND SOCIAL SERVICES Here, too, an interactive model using the train-the-trainer format would be most enective in reaching medical and social services providers. Ideally, the training would occur in multi and single disciplinary teams. Updates and ongoing training could be provided through e-learning. Te task force recommends training a wide spectrum of social service and medical providers. Social service providers could include: Department of Children and Families 61 ; Department of Mental Health; Department of Youth Services; Independent therapists; 61 Because a disproportionately large percentage of commercially sexually exploited children are at some point in DCF custody, and because the legislature asks that DCF provide services to these victims, we have provided specinc recommendations to DCF on the type of trainings that could support this initiative. DCF workers are not required to get annual continuing education units like other social workers. However, new DCF workers are required to attend a 30 day new worker training and there are additional non-mandatory training options for current DCF workers. Te new worker training occurs 3 days a week, 2 of which are in omce, for the nrst 10 weeks of employment. Within this new worker training, 45 minutes are devoted to human tramcking with a focus on domestic minor sex tramcking and commercially sexually exploited children. We recommend DCF provide training that would give all case managers the skills listed above in tier two of the social services training and that they mandate tramcking training to area managers and provide on-going tramcking training to existing employees. Bostons DCF is the most knowledgeable with regards to human tramcking and we recommend they help support the development of training for the other DCF regions. Recommendations - Education and Training 51 Massachusetts Interagency Human Trafcking Policy Task Force Community-based programs; Substance abuse treatment programs; and Shelter and housing treatment providers. Te Task Force also recommends reaching out to a large variety of medical providers such as doctors, nurses, nurse practitioners, social workers, and medical students practicing in the following health centers and clinics: Hospitals (impatient, outpatient and emergency); Community health centers; Family planning centers; Womans health clinics; Health care providers indigenous to racial and ethnic communities; and Allied health professionals (psychologists, dentists, massage therapists). In addition to reaching these traditional social service and medical providers, the Task Force recommends educating stan at other organizations that are in a position to identify victims and encourage them to come forward. Often these nontraditional service providers have earned the trust of people who would be less likely to self-identify in a more traditional setting. Tis is especially true in the case of labor tramcking where victims sometimes face additional language and cultural barriers. Tese providers include: Hairstylists; Manicurists; Massage therapists; Miiicai axi Sociai Siivicis Ricoxxixiariox: A riiiii riaixixc aiiioacu ioi aii uiairu caii iioviiiis As with other trainings, a tiered approach is recommended. Te nrst tier training would use medical rounds, webinars, and annual conferences to deliver the training. Tier One Personnel and Curricula Personnel includes: All social services and medical providers Tis training would occur through a grand rounds format, webinars, and annual conferences. At the end of the nrst tier of training, participants will be able to describe: What human tramcking entails; Te health consequences and clinical presentation of tramcking; How to screen for tramcking in medical setting (when/how/what); and Te responsibility of medical personnel if tramcking is suspected or victim is identined (i.e. protocol for mandated reporters). Second tier training would have additional goals of cultivating an in-house champion and creating additional provider-specinc protocols. Fire Inspectors; Board of Health Agents; and Building Inspectors. 52 Recommendations - Education and Training Massachusetts Interagency Human Trafcking Policy Task Force Tier Two Personnel and Curriculum Personnel include: Potential in-house champions including professionals with experience in domestic violence, child protection, OB/GYN, adolescent medicine, pediatrics, emergency medicine In addition to tier one, at the end of the second tier training the participants will be able to describe: How to responding to victims enectively; What victims need in the short and long term; How to maximize hospital/clinic resources (i.e child protection team, etc.); How to create protocols in the hospital for addressing victim needs (i.e. including mandated reporting, adults vs. minors, involvement of LE, etc.); and Local resources. Recommendations - Education and Training 53 Massachusetts Interagency Human Trafcking Policy Task Force PUBLIC AWARENESS Te Public Awareness Subcommittee was responsible for addressing the following: (iv) evaluate approaches to increase public awareness of human tramcking; (vii) examine cost-enective notices, announcements or advertisements that may be displayed in public places, such as airports, train stations, bus stations, hotels, massage parlors, spas, strip clubs and other sexually-oriented businesses providing information relating to services for human tramcking victims; 1. Suxxai\ oi Ricoxxixiarioxs After evaluating public awareness campaigns and strategies nationwide, the Task Force recommends the following: a. Leverage existing work of other states to tailor a successful campaign for Massachusetts; b. Identify a state agency to lead the public awareness campaign; c. Establish a web portal to act as a clearinghouse for information; d. Provide a Massachusetts call referral map for the national hotline to support victim identincation. :. Ixioiraxci oi Puniic Awaiixiss A comprehensive approach to combat tramcking includes informing the general public and spreading awareness around commercial sexual exploitation, exploited tramcked labor, and victim identincation. Even after passage of the law, there persists a prevalent myth that tramcking does not happen in Massachusetts or that prostitution is a victimless crime. Tese beliefs are often held by people who could help address the issue. For example, people who work in the hospitality, transportation, restaurant and agriculture industries are in a position to see tramcking victims exploited. Even more troubling is that Johns often do not see their seller as anything more than a willing participant. Similarly, exploited workers are laboring in the marketplace with little consumer awareness about their plight and vulnerabilities. By changing these views we can reduce demand for tramcked labor and sex and increase the number of victims identined. . Cuiiixr Piacricis Department of Homeland Security and the Omce for Refugee Resettlement are responsible for public awareness and public information on the federal level. 62 Currently in Massachusetts, there is no state agency responsible for human tramcking public awareness campaigns or public information resources. Te Polaris Project, a non-pront, non-governmental organization, based in Washington D.C. provides the National Human Tramcking Resource Center hotline, which is a widely published toll free number that individuals can call to report a tip, receive general information or specinc anti-tramcking resources, and connect with local anti-tramcking services or request training and technical assistance. 63 When a Massachusetts call is received, the information from the call is forwarded to a number of local, state, and 62 U.S. Dept. of Homeland Sec., End Human Trafcking. https://www.dhs.gov/blue-campaign/blue-campaign, (last visited Aug. 12, 2013).; Omce of Refugee Resettlement, Rescue & Restore Victims of Human Tramcking. available at http://www.acf.hhs.gov/ programs/orr/resource/about-rescue-restore (last visited: Aug. 12, 2013). 63 Polaris Project, Combating Human Trafcking and Modern-day Slavery. http://www.polarisproject.org/resources/resources-by- topic (last visited Aug. 12, 2013). 54 Recommendations - Public Awareness Massachusetts Interagency Human Trafcking Policy Task Force federal law enforcement resources. Presently in Massachusetts, there is no consistent way of addressing these referrals. Additionally, there are numerous enective, multilingual anti-tramcking campaigns being deployed across the country. A list of these campaigns and their relevance for Massachusetts can be found in Appendix K. Recognizing the need for an enhanced approach in Massachusetts, some established campaigns have generously onered technical assistance and free creative work, should the state decide to replicate their campaign in our state. . Ricoxxixiarioxs: a. Liviiaci Exisrixc Woix oi Oruii Sraris ro Taiioi a Succissiui Caxiaicx ioi Massacuusirrs Te Task Force recommends using a statewide campaign modeled on other campaigns and tailoring the message for Massachusetts specinc needs. Te campaign would inform the general public about the nature of the problem, the punishment and consequences under state and federal statutes, and target potential victims of sex and labor tramcking. Te subcommittee has done extensive research on what exists with regards to public awareness and human tramcking in other states. Te statewide campaign should: (1) establish a cohesive brand and centralized facilitation that allows sustainability and leadership by a state-wide entity; (2) ensure strategies and deliverables are sensitive and culturally-appropriate for potential victims, empowering victims to self-identify and for the general public to take action; (3) leverage and align with existing anti-tramcking activities and cross- sector partnerships on multiple levels; and (4) employ cost-enective and creative methods. In developing a statewide campaign, or tailoring an existing campaign to nt Massachusetts specinc needs, the Task Force recommends the following be taken into careful consideration: Messaging: Campaign materials should include the Polaris Projects National Human Tramcking Resource Center Hotline (1-888-373-7888), their text number (BeFree or 233733), and a state wide tramcking website. Tis will allow for tracking, which campaigns are most enective, and to route inquiries consistently to the appropriate resource. Additionally, it is important to keep the message content consistent across mediums. It is also imperative that this consistent message reach a diverse body of individuals in a variety of languages, as tramcking is an international issue. Te message must be culturally competent, use enective and appropriate language and be survivor- informed and audience tested. 64 Platforms: When considering a public awareness campaign, various platforms, (or delivery mediums) should be explored, as they help determine who will be reached. Where one platform might specincally target survivors to step forward, others might be better suited to educate the 64 Cultural Competency: Ensure all materials are translated into at least the top nve non-English languages and are culturally appropriate, especially materials targeting victims such as info cards, brochures and other notices in order that the terms, images, and tone have maximum potential to reach the intended populations. Enective and Appropriate Language: While terms like modern day slavery may catch the eye of the general public, it perpetuates the myths of what tramcking is and is not. Tis type of language can be counter-productive when trying to encourage self-identincation of victims. Survivor-informed and Audience-tested: Ensure all outreach materials produced are informed through a process with input, contribution and evidence from the survivors and service providers, by conducting focus groups, interviews and surveys with survivors and sample pool of intended audience Recommendations - Public Awareness 55 Massachusetts Interagency Human Trafcking Policy Task Force general public on the facts and recognizing the signs of human tramcking. Budget can also play an important role in this piece of the campaign strategy as platforms vary in price. After reviewing the subcommittees detailed nndings, the Task Force recommends specincs on the following platforms: Out of the Box Vehicles, Website URLs, Commonwealth Blogosphere, Public Notices (Print), Public Notices (Audio & Video), Ethnic Media Outlets and Events (See Appendix J for detailed recommendations). n. Iiixrii\ a Srari Acixc\ ro Liai rui Puniic Awaiixiss Caxiaicx Te Task Force recommends that a state governmental agency manage human tramcking public awareness initiatives for the state of Massachusetts. Te agency must have experience in addressing public awareness campaigns across the state and be in a position to provide communications across a number of dinerent mediums. As part of the campaign, the Task Force recommends the agency identify an appropriate mechanism for fundraising and facilitation of public-private partnerships to coordinate, meet public awareness objectives, and increase the funds to support survivors of tramcking. c. Esraniisu a Win Poirai ro acr as a Ciiaiixcuousi ioi Ixioixariox Similarly, the Task Force recommends the establishment of a web portal to support public awareness. In the short term, the agency responsible for the public awareness campaign could immediately establish a web portal under the state domain as a clearinghouse for information, including but not limited to links to state and national resources and trainings. Over the longer term, the site could be developed to become more dynamic to engage the public and our target audiences. In this scenario, a partnership could be established with a creative nrm to develop the site into a consumer-facing website. Te consumer site will include national data, local stories, a toolkit for news media, activists and opinion-leaders, dynamic and sharable video, graphics and educational content; optimized search result matched and social media integration. i. Pioviii a Massacuusirrs Caii Riiiiiai Mai ioi rui Narioxai Horiixi ro Suiioir Vicrix Iiixriiicariox Te state needs an enective way to harness the tips from the public and from providers that public awareness campaigns will be designed to generate. Te Task Force recommends that the Attorney Generals Omce work with local and state law enforcement, in consultation with our federal partners to provide Polaris Project, to develop how Massachusetts calls should be referred to law enforcement. Te Task Force recommends a concise road map system be developed and provided to Polaris Project so moving forward, calls are referred in a consistent and enective manner. Tis will provide for more enective coordination across law enforcement and a better communication between all involved parties. Polaris Project is willing to adopt any recommendations regarding referral mechanism. Te Polaris Hotline number can then be used in trainings and victim services material as well. 56 Recommendations - Public Awareness Massachusetts Interagency Human Trafcking Policy Task Force Lanoi Tiaiiicxixc Chapter 178 of the Acts of 2011 directs the task force to: (x) submit a report of its nndings and recommendations to the clerks of the senate and the house of representatives who shall forward the report to the chairs of the joint committee on the judiciary not later than 18 months after the enective date of this act. Te Task Force shall determine if subsequent reports are necessary in order to properly address human tramcking. Labor tramcking is a complex issue and, as with human tramcking generally, an often unreported or under- reported occurrence. Given the complexities of the issue, the Task Force recommends convening a separate group to understand more about labor tramcking. Labor tramcking victims often face cultural, language, and legal barriers that make their identincation that much more dimcult. While it is true that often these victims are reluctant to come forward because of the additional issues they face, it is also true that as a society they are often invisible to us. Our traditional service models are not currently equipped to identify or address English-speaking, native born victims much less understand the signincance that culture and language play in indoctrination and captivity. To look more closely at the issue of labor tramcking, the Task Force suggests a collaboration among individuals representing public and private entities, including but not limited to the following groups: Te Secretary of Labor and Workforce Development or the Secretarys designee; Te Director of Massachusetts Coalition for Occupational Safety and Health (MassCOSH) or her designee; A representative of a nonpront that addresses labor tramcking from the perspective of the business community appointed by the chair of the Task Force; A survivor of labor tramcking appointed by the chair of the Task Force; A labor tramcking case worker appointed by the chair of the Task Force; Te Executive Director of the Massachusetts Omce for Victim Assistance or his designee; Te Director of the Department of Professional Licensure or the his designee; A representative of a group dedicated to immigrant and refugee issues appointed by the chair of the Task Force; A university researcher with experience in labor tramcking appointed by the chair of the Task Force; and Te director of the Massachusetts Department of Public Health or his designee. Tis group should submit any recommendations to the Director of the Task Force within 18 months of the nling of this report. Any addenda to this report based on the recommendations will be prepared and submitted to the Task Force for consideration as necessary. Recommendations - Labor Tramcking 57 Massachusetts Interagency Human Trafcking Policy Task Force Ixiiixixrariox Piax Te task force recognizes that in order to enectively implement the recommendations in this report, further work needs to be accomplished. We therefore recommend the formation of implementation groups, the purpose of which are to advance the recommendations included in this report and determine the next steps to implement the recommendations. Te implementation groups may consider, but are not limited to considering, what resources are necessary; what public and private funding sources are available; and what collaborations between and among public and private entities may be desirable. Recommendations of the implementation groups should be submitted within one year of the nling of this report to the Director of the Task Force. Addenda to this report based on the recommendations will be prepared and submitted to the Task Force for consideration as necessary. DISTRICT ATTORNEY OFFICES MULTIDISCIPLINARY TEAMS (DAO MDTS) Te District Attorneys Omce Multidisciplinary Teams (DAO MDTs) will create a consistent statewide infrastructure for multidisciplinary teams to work together to address victims needs and create a data tracking, sharing, and analysis protocol. In order to implement the recommendations around the DAO MDTs, the Task Force suggests a collaboration that includes, but is not limited to, the following individuals: Te Director of a tramcking victim services/law enforcement anti-human tramcking coalition appointed by the chair of the task force Te Executive Director of Massachusetts District Attorneys Association or their designee; Te Executive Director of Massachusetts Chiefs of Police Association or their designee; An academic researcher with experience in human tramcking appointed by the chair of the task force; Te Director of a law enforcement intelligence agency appointed by the chair of the task force; Te Colonel of the State Police or their designee; and Te Commissioner of the Department of Children and Families or their designee. Recommendations may include, but should not be limited to, the following: Developing a dennition of human tramcking victim for data collection purposes alone Identifying a budget and funding sources for the project Creating and disseminating guidelines to DAOs to create their own protocols Determine if a state wide MDT is necessary and how it will interact with the DAO MDTs Clarify jurisdictional protocols between counties Determining the appropriateness of incorporating elements from the Washington State Model Protocol for Commercially Sexually Exploited Children into a Massachusetts protocol Drafting a plan to train MDTs on tramcking and data collection Denning overarching data collection protocols including data storage protocols MINOR VICTIMS OF SEX TRAFFICKING Te safe harbor provisions included in Chapter 119 of the General Laws as amended by Chapter 178 of the Acts of 2011 have had the enect of shifting from a probation model to a child welfare model for the treatment of minor victims of sex tramcking. Pursuant to the law, the Department of Children and Families is responsible for providing appropriate services to these victims. In order to support this enort, the Task Force suggests a collaboration that includes, but is not limited to, the following individuals: 58 Recommendations - Implementation Plan Massachusetts Interagency Human Trafcking Policy Task Force Te Commissioner of the Department of Children and Families or their designee; Te Commissioner of the Department of Youth Services or their designee; Te Executive Director of the Massachusetts Omce for Victim Assistance or their designee; Te director of an organization that provides legal representation to children and parents in child welfare matters or their appointee; A representative of an entity dedicated to prevention of and intervention in the tramcking of children appointed by the chair of the task force; and A representative from a police department with experience in tramcking appointed by the chair of the task force. Recommendations may include, but should not be limited to, the following: Determining whether or not DCF should accept reports of suspected human tramcking as child protection cases without the identincation of a guardian or caretaker listed as the alleged perpetrator Make recommendations around the implementation around the safe harbor provision Identifying appropriate best practice models from other states that should be implemented in Massachusetts Identifying appropriate federal and state legislation to support minor victims Drafting protocols and regulations around the treatment of child victims of sex tramcking Providing detailed recommendations for training for the DCF stan SAFE HOUSE Safe homes and exit strategy planning requires a comprehensive approach to the issue. In order to enectively implement the safe house recommendations, the Task Force suggests a collaboration that includes, but is not limited to, the following individuals: Te Executive Director of the Massachusetts Omce for Victim Assistance or their designee; A victim of human tramcking appointed by the chair of the task force; A provider of human tramcking victim services appointed by the chair of the task force; A representative from the City of Boston Mayors Omce; A representative from a police department with experience in tramcking investigations; Te Undersecretary of Massachusetts Department of Housing and Community Development or their designee; Te Director of Massachusetts Housing and Urban Development or their designee; Te Executive Director of MassHousing or their designee; and Te Commissioner of the Department of Probation or their designee. Recommendations may include, but should not be limited to, the following: Identifying emergency, short, mid, and long term solutions for victims including recommending specinc regulation changes Determining appropriate services and service partners to be included as part of the safe homes project Drafting a budget for the pilot safe house and potential funding sources Identify pilot population served Identify location(s) of structure(s) Recommendations - Implementation Plan 59 Massachusetts Interagency Human Trafcking Policy Task Force EDUCATION AND TRAINING In order to enectively implement the Education and Training recommendations in this report, the task force recommends convening a group to craft an execution plan. Te Task Force suggests a collaboration that includes, but is not limited to, the following individuals: A human tramcking social services provider appointed by the chair of the Task Force; A trainer with experience in human tramcking appointed by the chair of the Task Force; Te Commissioner of the Boston Police Department, or their designee; Te Secretary of the Executive Omce of Public Safety, or their designee; Te Executive Director of the Massachusetts District Attorneys Association, or their designee; Te chair of a hospital association appointed by the chair of the task force; Te Commissioner of the Department of Elementary and Secondary Education, or their designee; and Te Secretary of the Executive Omce of Health and Human Services. Recommendations may include, but should not be limited to, the following: Identifying a budget for the trainings and potential funding sources Denning recommended roles and responsibilities of state agencies and private agencies to craft and deploy the training Creating a plan to measure the enectiveness of the training 60 Recommendations - Implementation Plan Massachusetts Interagency Human Trafcking Policy Task Force Aiiixiicis Appendices 61 Massachusetts Interagency Human Trafcking Policy Task Force 62 Appendices Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX A: VICTIM SERVICES - MODEL PROGRAMS Examples from Model Safe House Programs: Breaking Free: Provides a dependency counselor from a local treatment center that works with a group once a week. Children of the Night: Assists youth with job placement and nnancial assistance with paying for books/ school supplies and college placement. GEMS: Provides legal advocacy for girls in family court and cases that involved the Administration of Childrens Services. Te Poppy Project: Provides micro-enterprise loans and business training/mentorship in conjunction with a local college to give women life skills and the conndence that they need to set up their own businesses, nnd work, or get back into education. Te SAFE Project: Provides individualized treatment plans to overcome the enects of trauma through a full continuum of care. Examples from Model Survivor Led Programs: Breaking Free: All stan are survivors. Survivors run Sisters of Survival, a 14-week intensive education group. Survivors run Journey to Success/Alumni Group, an ongoing group that supports the diverse needs of survivors. Paid internships opportunities are onered to survivors with the highest recidivism rates. GEMS: Te Youth Outreach Team consists of members who have transitioned to permanent stan members. Te Youth Leadership Program is survivor-led with curriculum created by survivors to help transition members from victims to survivors. Example from Model Housing Accommodation Programs: Breaking Free: Availability of both short and long-term housing accommodations: House of Hope 3 separate homes for the short-term. Te Village Place apartment buildings for single women and children. Short-Term housing is staned 24/7 while longer term accommodations being monitored. Between both types of housing programs, women can live within the program indennitely until permanent housing is an option (per Breaking Free it takes a woman nve years to secure an income level that would support a family). GEMS: Transitional Living Program Program is staned 24/7 and is similar to a domestic violence shelter or runaway youth model. Accommodates 9 girls for up to 18 months. Children of the Night: Children are able to live in a school/campus environment. Bedrooms with 2 single beds and bathrooms. Children stay until they graduate. Appendix A 63 Massachusetts Interagency Human Trafcking Policy Task Force Detailed list of Possible Funding Streams Violence Against Women Act (VAWA) Victims of Crime Act (VOCA) Housing and Urban Development (HUD) Department of Justice Omce of Juvenile Justice and Delinquency Programs District Attorneys Omces Funding for Youth and Runaways Private Funding: Philanthropic groups Faith based organizations Private donations Grants from national and local companies Womens foundations Consistently Identined Partners from Model Programs: District Attorneys Omces Probation Departments Department of Children and Families Department of Health Funds established for homeless and runaway youth Examples of Model Funding Programs Te SAGE Project: Early Intervention Prostitution Program Provides comprehensive services to women referred to the program through the District Attorneys Omce and community courts. Victims/survivors referred to the program will receive a wide range of comprehensive services Te Poppy Project: First Onender Prostitution Program Assists women and girls who have been detained for tramcking related crimes or who have been identined as victims/survivors to provide support. Breaking Free: Pre-Court Diversion Program Enables law enforcement to intervene on the victims behalf by diverting them to a community based agency. GEMS: Alternative to Incarceration (ATI) Provide defender cased alternative sentencing services and support for young women who are survivors of commercial sexual exploitation. Breaking Frees John School: Te Johns can elect through community courts to serve their sentences through community service. Johns can also be sentenced to attend John School. John Schools also assists in reducing recidivism as the Johns learn the harm of their actions. Te fees from the John School are directed to Breaking Free for direct victim services. Department of Children and Families Department of Public Health Department of Youth and Community Development Substance Abuse and Mental Health Counseling Executive Omce of Public Safety and Security Police Departments Probation Departments 64 Appendix A Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX B: VICTIM SERVICES - INFORMATION FOR LAW ENFORCEMENT Appendix B 65
INFORMATION FOR LAW ENFORCEMENT OFFICIALS Immigration Relief for Victims of Human Trafficking and Other Crimes
In addition to upholding U.S. immigration law, the Department of Homeland Security (DHS) administers immigration benefits to victims of human trafficking and other serious crimes. U.S. Citizenship and Immigration Services (USCIS) adjudicates T and U visas, which help protect immigrant victims of human trafficking and other crimes.
1. What is a T visa? The T nonimmigrant status visa (also known as the T visa) provides immigration protection to victims of severe forms of human trafficking who assist law enforcement in the investigation or prosecution of human trafficking cases. A law enforcement declaration is evidence of a victims cooperation; it may be submitted in support of a T-visa application.
2. What is a U visa? The U nonimmigrant status visa (also known as the U visa) provides immigration protection for victims of qualifying crimes who are helpful to law enforcement in the detection, investigation or prosecution of the criminal activity. A law enforcement certification is required evidence of a victims cooperation; it must be submitted in support of a U- visa application. Without a law enforcement certification, the U-visa application will be denied.
3. Why would a victim ask me for a law enforcement declaration or certification? An applicant for a T visa or a U visa must demonstrate assistance to law enforcement. The applicant will submit a law enforcement declaration or certification along with the T- or U-visa application. This document serves to inform USCIS about assistance the applicant provided toward an investigation or prosecution of the crime. The law enforcement declaration or certification must be signed by a certifying official, as described below in Questions 8-11.
4. How do T and U visas help law enforcement with criminal investigations? T and U visas can greatly benefit law enforcement, as they encourage immigrant victims to work with law enforcement, prosecutors and courts to investigate and prosecute human trafficking and other serious crimes. A victim applying for a T visa or a U visa can help law enforcement by providing information about a crime and assisting in an investigation or prosecution of serious criminals, making the entire community safer.
5. Does a signed declaration or certification automatically grant an immigration benefit? No. A signed law enforcement declaration or certification is just one piece of evidence submitted as part of a T- or U- visa application. Only USCIS has the authority to approve T- and U-visa applications and grant immigration benefits. USCIS also requires additional evidence from the applicant, and will conduct a full background investigation that includes an FBI fingerprint and name/date-of-birth check and a full review of the applicants immigration history.
6. May I certify the victims helpfulness if no prosecution, arrest or conviction has been made, or if the case has been closed? Yes. A certifying official may sign a declaration or certification if the case is closed, or if a prosecution, arrest or conviction was not made. Neither formal charges nor the launch of a formal investigation are required. There is no requirement that the victims assistance lead to a prosecution, arrest or conviction, as criminals/victimizers may flee the jurisdiction once a crime is reported or may have already been deported from the U.S. There is no statute of limitations on a victims helpfulness to law enforcement. A declaration or certification may be provided for cases that are closed or for investigations for crimes that occurred months or years ago, as long as the victim was helpful to law enforcement.
7. If I sign a declaration or certification form, will I be liable for the applicants future actions? No. A law enforcement agency will not be liable for any future criminal activity a victim engages in. A declaration or certification only provides USCIS with information available about the victim, the crime and the victims assistance to law enforcement in an investigation or prosecution at the time it is signed.
Massachusetts Interagency Human Trafcking Policy Task Force 66 Appendix B 8. What is the law enforcement certification process for a U visa? If certifying, the law enforcement agency must use USCIS Form I-918, Supplement B (part of Form I-918, Petition for U Nonimmigrant Status) and provide it to the victim upon completion. The victim will submit the certification to USCIS with the application for a U visa. The signed law enforcement certification states that the victim has been a victim of a qualifying crime; possesses information about the crime; and has been, is being, or is likely to be helpful to an investigation or prosecution of the qualifying crime. A U-visa application that is not submitted with a law enforcement certification will not be considered complete. Without a certification, the U visa will be denied.
9. Who may sign a law enforcement certification for a U visa? Certifying agencies include: o Federal, state or local law enforcement agencies, including prosecutors and judges, and; o Other agencies that have criminal investigative jurisdiction in their respective areas of expertise, such as child protective services, the Equal Employment Opportunity Commission and the Department of Labor. Certifying officials include any person in a supervisory role in a certifying agency who is designated by the head of that agency to issue U nonimmigrant certifications. They also include federal, state and local judges.
10. What is the law enforcement declaration process for a T visa? If signing a declaration, the law enforcement agency must use USCIS Form I-914, Supplement B (part of Form I-914, Application for T Nonimmigrant Status) and return it to the victim upon completion. The victim will submit the declaration to USCIS with the application for a T visa. The signed law enforcement declaration states that the victim was or is a victim of a severe form of human trafficking, and has complied with any reasonable requests for assistance in a trafficking investigation or prosecution. A law enforcement declaration is optional evidence that an applicant may submit in support of a T-visa application.
11. Who may sign a law enforcement declaration for a T visa? Agencies that may sign a declaration include any federal, state, or local law enforcement agency that has the authority for the investigation or prosecution of human trafficking, including but not limited to the Department of Justice, the FBI, DHS, the U.S. Marshals Service, and the Department of States Diplomatic Security Service. The declaration must be signed by a supervising official responsible for the investigation or prosecution of the trafficking offense.
12. Am I legally required to sign this declaration or certification? No. A law enforcement agency is under no legal obligation to complete a declaration or certification. Signing is at the discretion of each law enforcement agency, in accordance with that agencys policy. Note: o Without a certification, a U-visa application will be denied. o The declaration is not required for a T visa, but it is an important piece of evidence submitted by the applicant.
13. Is the victim required to offer continued support in the investigation and prosecution of the criminal who committed the crime against him or her? What if the victim stops cooperating with law enforcement? Yes, the victim is required to offer continued support in the investigation and prosecution. A law enforcement agency may withdraw its declaration or certification after the document is submitted to USCIS. If at any time the petitioner unreasonably refuses to assist law enforcement, or if the agency wishes to withdraw its declaration or certification for any other reason, the law enforcement agency should notify USCIS in writing. The law enforcement agency should send the petitioners name, date of birth, and A-file number if available, along with the reason for the certifications withdrawal, to: U.S. Citizenship and Immigration Services/Vermont Service Center ATTN: T/U-Visa Unit 75 Lower Welden St. St. Albans, VT 05479-0001
Resources for More Information:
Law enforcement should email their inquiries to LawEnforcement_UTVAWA.vsc@uscis.dhs.gov. Additional information is available at www.uscis.gov/humantrafficking and www.dhs.gov/humantrafficking. Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX C: VICTIM SERVICES - LEGISLATIVE ISSUE BRIEF Ior additional information or assistance please contact Polaris Project at policypolarisproject.org
HUMAN TRAFFICKING LEGISLATIVE ISSUE BRIEF: VACATING CONVICTIONS
Human trafficking is a crime that exploits individuals through force, fraud, or coercion for the financial gain of traffickers. Sex trafficking victims are compelled to engage in acts of prostitution by their trafficker, which oftentimes results in the victim being arrested, prosecuted, and convicted of prostitution or prostitution-related offenses. As a result, these victims are hindered from getting jobs, safe housing, immigration visas, loans, and continuing education because of the prostitution offenses on their records. A vacating convictions law for sex traIIicking victims will provide a mechanism to have convictions removed Irom the victim`s criminal record so he or she can pursue a future uninhibited by the past.
Impact of Vacating Convictions
A vacating convictions law helps ensure that the victims of human trafficking are treated as victims, rather than criminals. On many job, loan, and educational applications, a person is required to disclose any prior convictions. Having these convictions removed from a victim`s record would ensure that the victim does not miss out on opportunities as a result of having been victimized. A clean record will give a victim confidence to move ahead and seek opportunities without having to worry about a criminal conviction for prostitution. It thus provides increased protection and a second chance for survivors of human trafficking to begin living normal lives and become fully functioning members of society.
Current and Pending Policy for Vacating Convictions
In 2010, New York became the first state to enact legislation that would provide victims of human trafficking with an appeals process to vacate convictions for prostitution related offenses that took place while the person was a victim of trafficking. The law has already been used by victims and considered by courts.
In 2011 the Criminal Court of Queens County in New York, in Matter of People v. GM, vacated the convictions of a sex trafficking victim who had been arrested and convicted of prostitution as a result of being trafficked. The court reasoned that 'the Defendant had provided a compelling narrative....her arrests.were the product of years of brutal physical, psychological and sexual violence by her husband, which resulted in having been trafficked by him. The Court went on to say, 'Victims of sex trafficking who are forced into prostitution are frequently arrested for prostitution-related offenses and saddled with the criminal record. They are blocked from decent jobs and other prospects of rebuilding their lives. Even after they escape from sex trafficking, the criminal record victimizes them for life.
Other states have Iollowed New York`s lead. Hawaii, Illinois, Maryland, Nevada, Vermont and Washington have all passed vacating convictions statutes.
Vacating convictions legislation offers victims a clean slate and allows them to live their lives free of the repercussions of crimes they were forced to commit. This type of legislation makes a tangible difference in the life of victims.
Suggested Language for Vacating Convictions Legislation
While no state law is perfect and there is no uniform model that fits every state, the language below is a good example of what to consider when working on this issue in your state. Please contact Polaris Project (policy@polarisproject.org) if you would like assistance implementing these statutory provisions in your state.
New York Statute 440.10 Motion to vacate judgment.
1. At any time after the entry of a judgment, the court in which it was entered may, upon motion of the defendant, Appendix C 67 Massachusetts Interagency Human Trafcking Policy Task Force Ior additional information or assistance please contact Polaris Project at policypolarisproject.org
vacate such judgment upon the ground that: i. The judgment is a conviction where the arresting charge was under section 240.37 (loitering for the purpose of engaging in a prostitution offense, provided that the defendant was no alleged to be loitering for the purpose of patronizing a prostitute or promoting prostitution) or 230.00 (prostitution) of the penal law, and the deIendant`s participation in the oIIense was a result of having been a victim of sex trafficking under section 230.34 of the penal law or trafficking in persons under the Trafficking Victims Protection Act (United States Code, title 22, chapter 78); provided that: (i). a motion under this paragraph shall be made with due diligence, after the defendant ceased to be a victim of such trafficking or has sought services for victims of such trafficking, subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of such trafficking that me be jeopardized by the bringing of such motion, or for other reasons consistent with the purpose of this paragraph; and (ii). oIIicial documentation oI the deIendant`s status as a victim oI sex traIIicking or traIIicking in persons at the time of the offense from a federal, state, or local government agency shall create a presumption that the deIendant`s participation in the oIIense was a result oI having been a victim of sex trafficking or trafficking in persons, but shall not be required for granting a motion under this paragraph.
Illinois Statute (725 ILCS 5/116-2.1) Sec. 116-2.1. Motion to vacate prostitution convictions for sex trafficking victims (a) A motion under this Section may be filed at any time following the entry of a verdict or finding of guilty where the conviction was under Section 11-14 (prostitution) or Section 11-14.2 (first offender; felony prostitution) of the Criminal Code oI 1961 or similar local ordinance and the deIendant`s participation in the oIIense was a result of having been a trafficking victim under Section 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services) of the Criminal Code of 1961; or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. Section 7103(13)); provided that: 1. A motion under this Section shall state why the facts giving rise to this motion were not presented to the trial court, and shall be made with due diligence, after the defendant has ceased to be a victim of such trafficking or has sought services for victims of trafficking, subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of such trafficking that may be jeopardized by the bringing of such a motion, or for other reasons consistent with the purpose of this Section; and (b) The court may grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking. Evidence may include, but is not limited to: 1. Certified records of federal or state court proceedings which demonstrate that the defendant was a victim of a trafficker charged with a trafficking offense under Section 10-9 of the Criminal Code of 1961 or under 22 U.S.C. Chapter 78; 2. CertiIied records oI 'approval notices or 'law enIorcement certiIications generated Irom Iederal immigration proceedings available to such victims; or 3. A sworn statement from a trained professional staff of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the defendant has sought assistance in addressing the trauma associated with being trafficked. Alternatively, the court may consider such other evidence as it deems of sufficient credibility and probative value in determining whether the defendant is a trafficking victim or a victim of a severe form of trafficking (c) If the court grants a motion under this Section, it must vacate the conviction and may take such additional action as is appropriate in the circumstances.
Protect victims of sex-trafficking in your state and support vacating convictions legislation!
68 Appendix C Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX D: DRAFT SCREENING INSTRUMENTS FOR MINORS AND ADULTS Guiding principles i. Te subcommittee recognized the need for a uniform and simple dennition of human tramcking to guide identincation and collaboration. However, the subcommittee agreed that dennitions of human tramcking are often complex and ambiguous. Instead, we recommend that practitioners throughout the Commonwealth be trained to use a set of screening questions or questions should guide the development of indicators or red nags that would guide practitioners in making referrals about potential victimization. ii. Te screening questions should not be asked as a checklist. Rather they should help guide conversations with potential victims about their experiences to identify indicators of human tramcking. iii. Te subcommittee recommends a process to regularly screen all individuals arrested for prostitution onenses for potential human tramcking victimization. iv. In addition to the detailed screening questions, the subcommittee recommends a few questions be added to a broad range of regular intake forms to help alert dinerent types of practitioners that they should be on the lookout for human tramcking victimization. (Tese questions might include Is anyone making you do something you do not want to do? Has there been a time when you felt you could not leave your job/pressured to work Have you ever exchanged sex for money or something of value or Is anyone threatening you?) If the answer to these basic screening questions was yes we would recommend the practitioner screen further using the recommended screening questions. Screening Tool for Minors: 1. How old are you? 2. Are you in school? a. If yes, where do you go to school? 3. Where do you live? a. Who else lives there? b. Can you come and go as you please? c. Have you ever been threatened if you tried to leave? 4. Who would you contact in an emergency? 5. Do you work or how do you get money? 6. Have you ever exchanged sex for food, clothing, shelter or money? 7. Has anyone forced you to do something that you dont want to do? 8. Did someone ever touch you in a way you did not like? 9. Has anyone hurt or tried to hurt you? 10. How are you feeling? a. Do you need any medical assistance? b. Do you feel safe? c. Are you lonely? Do you get to see your friends? Appendix D 69 Massachusetts Interagency Human Trafcking Policy Task Force Screening for Adults: 1. How old are you? (Question used to screen whether or not the victim is a minor.) 2. Where do you live (where do you sleep and eat)? a. Who else lives there? b. Do you feel that you can leave if you want? Do you have to ask permission to leave? c. Have you ever been threatened if you tried to leave? 3. Does anyone stop you from getting food, water, sleep or medical care? 4. Do you work? (Alternative: Do you get paid for what you do?) a. How do you get to and from work? b. Do you get paid for your work? c. How did you nnd your job? d. Do you owe anyone money because they helped you nnd your job? e. Have you ever felt like you could not leave your job or felt pressured to work? 5. Have you ever exchanged sex for anything of value such as shelter, food, clothing or money? 6. Have your identincation or travel documents been taken from you? 7. Have you ever been physically harmed in any way or seen anyone else harmed? 8. Has anyone every threatened you or your family? 9. Has anyone every threatened you with calling immigration authorities or the police? 10. Is anyone making your do anything that you do not want to do? 11. How are you feeling? a. Do you need any medical assistance? b. Do you feel safe? 70 Appendix D Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX E: DRAFT PROTOCOL FOR SCREENING AND REFERRING MINOR VICTIMS Step 1: Screening Screening should be conducted for any youth who raise concern about being victim of tramcking or who provider/agent thinks may be potential victim of sex or labor tramcking based on red nags or basic questions outlined in this protocol. Youth should be asked the full list of screening questions from the proposed child tramcking screening tool. Attention to screening for human tramcking should be part of the regular processes of police, victim service providers, health care workers, and school omcials. Screening questions should be asked in a conversational style and not read as part of a checklist. Screener should identify any language or cognitive barriers to screening. Trained third party translators should be used where appropriate for screening. Explanation should be provided to child in advance of asking questions that the screening is being conducted because the interviewer is worried that the child may not be safe. Te child should be warned that the interviewee cannot promise that the child wont get in trouble or that all information can be kept conndential but the intent of the screening is to help keep them safe. Explain that questions are not intended to identify immigration status issues. Law enforcement should be provided specinc guidance that the screening is not an interview. Need to address issue of conndential communication of human tramcking caseworker as denned in the statute. Not clear that this caseworker is exempt from mandatory reporting requirements. Screener should ensure the safety of victims before he/she leaves. Screener should determine if any immediate safety planning, medical or mental health needs exist. Step 2: Reporting potential victimization If the provider or agent suspects a child may be a victim of labor or sex tramcking he or she should nle a suspected child abuse report (51A) 65 with DCF. At a minimum any child involved in commercial sexual exploitation or tramcking or who has exchanged sex for money, shelter, food or drugs should be reported to DCF. A human tramcking case coordinator in the county should be notined about the 51A 66 report. (note: this requires the group recommending the development of such a coordinator in each county, maybe associated with the DAs ofce, might be a child abuse specialist or separate person designated to all human trafcking) Step 3: DCF review and referral DCF will review each 51A 67 report and make an immediate referral to the DA when human tramcking is suspected. Step 4: DA referral and reporting Te DA will receive referral from DCF electronically, or by other means, and conduct a review. Te DA referral will also be sent electronically to the human tramcking case coordinator in the county. 65 Mass. Gen. Laws ch. 119 51A. 66 Id. 67 Id. Appendix E 71 Massachusetts Interagency Human Trafcking Policy Task Force Step 5: Notifcation to and action of multi-disciplinary team Legislation specines the multi-disciplinary team to respond to sexually exploited children should include professionals trained or otherwise experienced and qualifed to assess the needs of sexually exploited children or children who are otherwise human trafcking victims including, but not limited to, a police ofcer, as defned by section 1 of chapter 90C, or other person designated by a police chief, as defned in said section 1 of said chapter 90C, an employee of the department of children and families, a representative of the appropriate district attorney, a social service provider, a medical professional or a mental health professional. Te human tramcking case coordinator (or DAs omce) will contact key members of a multi-disciplinary team established in each county to respond to human tramcking of minors. Te multi-disciplinary team will conference to share information that they have about the victims involvement in or risk for human tramcking and establish if any other agencies have contact with the minor victim. Te team will develop a plan of action for the victim based on their immediate and long term needs including a formal assessment, possible investigation, and where, needed assistance with housing, mental health services, medical services, legal advocacy, safety planning and education.
72 Appendix E Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX F: DRAFT PROTOCOL FOR SCREENING AND REFERRING ADULT VICTIMS Guiding principles i. Te subcommittee recommends that it be clear for adult victims that the screener will only make referrals to government agency if the victim or potential victim consents that information about them be shared. ii. Both adult and minor victims should be advised of their rights during the screening process. iii. Te protocol should guide users to provide both negative and positive information about options. For example, if they are referred to law enforcement what are the potential outcomes? It may be important to notify a person that DCF may have to be notined if there are concerns about the safety of a persons children. Screeners should identify but not overstate possible risks. iv. It is important to be clear in the protocol that the screener may not be able to ensure the safety of adults once they leave the situation where they are screened. It is important for the screener to make a safety plan with people before they leave regardless of referral. Te subcommittee recommends developing a one page if you need help handout with information about where to get various types of assistance and support. v. Te subcommittee expressed concern that the protocol oner guidance about how to assess the language and literacy issues of a person before starting the screening. If interpreters are needed it is critical to ensure that the potential victim feels comfortable with the interpreter and that the interpreter is not connected to the tramcker or the tramcking situation. Step 1: Screening A broad range of service providers, medical professionals, legal advocates and law enforcement should be trained to screen clients for signs of potential human tramcking. Te screening tool should be used to develop questions or red nag indicators that could be discussed with clients to determine if a referral is warranted. Screening questions or discussion of potential red nag indicators should be asked in a conversational style and not read as part of a checklist. Screeners should identify any language or cognitive barriers to screening. Trained third party translators should be used where appropriate for screening. Adults should be informed that the questions are being asked because of concerns about their safety. In many cases screeners will need to obtain consent of the person being screened before referring information about their situation to law enforcement or members of the multi-disciplinary team. Depending on the practices of the screening agency and relevant law, in certain circumstances the screener may not be able to promise that the person being screened will not get in trouble or that all information can always be kept conndential. Te screener should clarify these situations depending on their practices and governing law. Te intent of the screening should be to help keep people safe. People should be informed that the screening questions are not intended to identify immigration status issues. Law enforcement should be provided specinc guidance that the screening is not an interview. Need to address issue of conndential communication of human tramcking caseworker as denned in the statute. Not clear that this caseworker is exempt from mandatory reporting requirements. Screeners should ensure the safety of potential victims before he/she leaves. Screeners should determine if any immediate safety planning, medical or mental health needs exist. Appendix F 73 Massachusetts Interagency Human Trafcking Policy Task Force Step 2: Reporting potential victimization If the provider or agent suspects a person may be a victim of labor or sex tramcking he or she should refer information about the situation to the human tramcking case coordinator in the county responsible for coordinating the multi-disciplinary team. Depending on the practices of the referring agency this may require consent of the person being screened. Step 3: Notifcation to and action of multi-disciplinary team Te multi-disciplinary team specined in the human tramcking legislation to respond to referrals of sexually exploited children should have the additional responsibility of responding to all human tramcking referrals including adults sex tramcking and labor tramcking victims. In addition to the members specined in the legislation, the team may also include legal advocates, immigration service providers and victim service provider experienced working with adult victims. Te human tramcking case coordinator (or DAs omce) will contact key members of a multi-disciplinary team established in each county to respond to each human tramcking referral. Te multi-disciplinary team will conference to share information that they have about the victims involvement in or risk for human tramcking and establish if any other agencies have contact with the potential victim. Te team will develop a plan of action for the victim based on their immediate and long term needs including a formal assessment and where needed assistance with housing, mental health services, medical services, legal advocacy, safety planning and education. 74 Appendix F Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX G: DRAFT DEFINITIONS OF HUMAN TRAFFICKING Te Data collection and information sharing subcommittee believes that a simple dennition of human tramcking according to the Massachusetts statute is needed for data collection purposes. Tere is some concern that without a simple dennition, law enforcement and service providers will default to the federal dennition which has a higher burden. Te dennition of human tramcking should guide the identincation of minor and adult, U.S. citizen and foreign national and sex tramcking and labor tramcking victims. Te dennition should also be used in making decisions about what people or incidents to report into a human tramcking information sharing/data collection systems. Te subcommittee has not developed a dennition but did identify some considerations in drafting such a dennition. Tese include the fact that: agencies have dinerent needs and worldviews about tramcking, tramcking is at the intersection of other criminal elements and as a result tramcking crimes or victims may be classined under other crime types, some elements of tramcking may be subjective, the scope and characterization of human tramcking victimization varies, the Massachusetts law dennes aspects of human tramcking in multiple dinerent sections (e.g. sexual exploitation of children, tramcking for sexual servitude, tramcking for forced labor). Te group agreed that a simple and uniform dennition of human tramcking may not be necessary for screening. Practitioners should use screening questions to make an initial decision that someone is a potential victim of human tramcking. A dennition of human tramcking would be critical to guide entry and use of information about human tramcking incidents, victims and/or suspects in any human tramcking data collection and information sharing system. Te following elements from the defnitions specifed in H3808 may be useful in the development of a simple and uniform defnition of human trafcking. Sexually exploited child or a child who is otherwise a human trafcking victim is any person under the age of 18 who has been subjected to sexual exploitation because such person: (1) is the victim of the crime of sexual servitude pursuant to section 50 of chapter 265 or is the victim of the crime of sex tramcking as denned in 22 United States Code 7105; (2) engages, agrees to engage or oners to engage in sexual conduct with another person in return for a fee, in violation of subsection (a) of section 53A of chapter 272, or in exchange for food, shelter, clothing, education or care; (3) is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under by section 4A of chapter 272; or (4) engages in common night walking or common streetwalking under section 53 of chapter 272. Trafcking of persons for sexual servitude (Section 50a): Whoever knowingly: (i) subjects, or attempts to subject, or recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person to engage in commercial sexual activity, a sexually-explicit performance or the production of unlawful pornography in violation of chapter 272, or causes a person to engage in commercial sexual activity, a sexually-explicit performance or the production of unlawful Appendix G 75 Massachusetts Interagency Human Trafcking Policy Task Force pornography in violation of said chapter 272; or (ii) benents, nnancially or by receiving anything of value, as a result of a violation of clause Sex trafcking of a minor (50b): Whoever knowingly entices a child under the age of 18 years, to engage in prostitution Te term "entice'' shall mean to lure, induce, persuade, tempt, incite, solicit, coax or invite. Enticement can be in-person or by electronic communication. Trafcking for forced services (section 51a): Whoever knowingly: (i) subjects, or attempts to subject, another person to forced services, or recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person, intending or knowing that such person will be subjected to forced services; or (ii) benents, nnancially or by receiving anything of value, as a result of a violation of clause. Organ trafcking: Whoever: (i) recruits, entices, harbors, transports, delivers or obtains by any means, another person, intending or knowing that an organ, tissue or other body part of such person will be removed for sale, against such persons will; or (ii) knowingly receives anything of value, directly or indirectly as a result of a violation of clause. Other relevant terms: Commercial sexual activity, any sexual act on account of which anything of value is given, promised to or received by any person. Financial harm, a detrimental position in relation to wealth, property or other monetary benents that occurs as a result of another persons illegal act including, but not limited to, extortion under by section 25, a violation of section 49 of chapter 271 or illegal employment contracts. "Forced services", services performed or provided by a person that are obtained or maintained by another person who: (i) causes or threatens to cause serious harm to any person; (ii) physically restrains or threatens to physically restrain another person; (iii) abuses or threatens to abuse the law or legal process; (iv) knowingly destroys, conceals, removes, connscates or possesses any actual or purported passport or other immigration document, or any other actual or purported government identincation document, of another person; (v) engages in extortion under section 25; or (vi) causes or threatens to cause nnancial harm to any person. "Services", acts performed by a person under the supervision of or for the benent of another including, but not limited to, commercial sexual activity and sexually-explicit performances. Sexually-explicit performance, an unlawful live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons. 76 Appendix G Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX H: DATA COLLECTION AND INFORMATION SHARING - ITEMS FOR CONSIDERATION Te Data Collection and Information Sharing subcommittee recommends the following guiding principles for the District Attorneys Omces Multidisciplinary Teams. Guiding principles i. Te subcommittee agreed that the basic principles of a case coordinator and multidisciplinary team approach should be recommended for both adults and minors. ii. Case coordinators and multi-disciplinary teams could be located within each county or within regions across the state. Te subcommittee agreed that a statewide coordinator and multi-disciplinary team would be too onerous. Note: Tere are examples of multidisciplinary information sharing/review processes in the state that could guide this model. Te child fatality review team utilizes multidisciplinary model Legislature gives authority to DAs to compile information from medical examiner, medical nles, service provider records and case/government agency records for review by the review team. Te legislature also grants team members access to review this information covered under the Health Insurance Portability & Accountability Act of 1996, also known as HIPAA. 68 iii. Tere was some disagreement about where the case coordinator should be located. Tere were positive and negative aspects to locating the case coordinator with in the county District Attorneys omce. It might also be possible to house human tramcking case coordinators out of the Massachusetts Omce for Victim Assistance. iv. Te subcommittee discussed whether a single coordinator could handle both adult and minor cases. Tere are benents to someone who understands all types of tramcking and is holistic in their approach. But the volume of cases could become overwhelming in some counties or regions and the law is dinerent between adults and minors so dinerent areas of specialization might be needed. v. It is essential that each case coordinator is connected to both state and federal partners and victim service providers and has positive working relationships with all partners. vi. Te subcommittee recognized that it may be necessary for the case coordinator to vet referrals before being sent to the multidisciplinary team, but recognized that vetting comes with challenges that necessitate a high level of skill for each case coordinator. vii. For both adults and minors a multi-disciplinary team approach requires multiple law enforcement and victim service providers to work together as a team. Te multidisciplinary team would need to agree on what the goals are for cases generally and for individual cases. viii. While some models for the case coordinator and multi-disciplinary team exist in Massachusetts, most agencies do not have experience working collaboratively on human tramcking. As a result, the subcommittee recommends that model with associated referral systems and data collection and information sharing be piloted in one county, with evaluation and reassessment before being established statewide. 68 Health Insurance Portability & Accountability Act of 1996, Pub. L. No. 104191, 110 Stat 1936 Appendix H 77 Massachusetts Interagency Human Trafcking Policy Task Force In addition to identifying who should be involved in the process and what information should be collected, the subcommittee also identined some potential challenges to the data collection processes: a. We must strike a balance between having enough information in the system to make it useful and protecting the conndentiality of victim information and information about ongoing investigations. More clarity is needed about how information in the system will be used. All users and those who may have data on their experiences entered into the system must understand how that data will be used by various agencies/organizations and how that data will not be used. b. Information on human tramcking will likely have to be entered twice. Most agencies and service provider have their own internal records management or case management systems. A new system would require them to enter this information a second time. Tere would have to be a benent of entering this information into a shared system. Te group was interested in the possibility that some information could be automatically populated from existing data systems. For example, DCF currently allows for limited access to their system that is conditional around service provision. c. It is easier to share data on children. Te 51A process mandates nling information with the understanding of the fact that this information will be reviewed and shared where appropriate. Adults generally must consent to have their data shared or entered into a system used by multiple agencies or organizations. d. Tere are connicting needs regarding victim/suspect identincation the need to keep victim identincation and information about ongoing investigations conndential and the need to include names in an information sharing system to make it operationally useful. Members of the subcommittee raised concern about information in the data collection system or information sharing process being discoverable in legal proceedings. Law enforcement generally tries not to know what specinc services victims are receiving to prevent information about victim mental or physical health or history unnecessarily entering the court process. e. Tere are challenges recording information about exploited immigrant populations. For example, it would be potentially helpful to have information on immigration status (this may determine types of services available and protections needed from law enforcement) but this information puts victims at risk and they may be less likely to come forward if they know that information would be entered in a shared database. Law enforcement agencies throughout the state operate with dinerent rules about recording immigration status of victims or onenders. Te subcommittee raised concerns about ICE/HSI having access to immigration status information about potential victims. f. It is extremely unlikely that federal law enforcement partners would agree (or get permission) to enter information about ongoing investigations (or closed investigations) in a state information sharing database. Federal agencies did express interest in having the ability to access information about human tramcking that is collected by state and local agencies and organizations. g. Trust and strong working relationship among those who will potentially have access to information in the data sharing system is critical. h. Some agencies may not be willing to participate. Getting agreement to share information across multiple partners including victim service providers, local law enforcement and federal law enforcement will be very challenging. Law enforcement will have particular concerns about sharing any information that involves an ongoing investigation or intelligence on a criminal enterprise. i. Information technology departments within participating agencies would have to participate in conversation about the development of the system but they would not likely be able to develop or manage the system themselves. j. Need expertise of organizations with experience working with government agencies to develop a request 78 Appendix H Massachusetts Interagency Human Trafcking Policy Task Force for proposals that document what the state would want a vendor to do in creating an information sharing system. Experts would need to be well versed in the issues related to federal and state laws governing information in an intelligence sharing system (e.g. 28 CFR part 23). Possible that the system will need to meet National Crime Information Service Standards (e.g. every terminal that has access to the data has to meet security standards to access the information, standards about records schedule for pursing and accessing information). It might be possible to work with the state Fusion center to help coordinate the development of a human tramcking data system. k. Building a system with the appropriate security controls to convince people to enter data will be expensive. l. A data collection system or database program can only be successful when those who enter information into the system agree to a process for routinely and systematically entering and updating the data. Data collection systems fail despite sophisticated designs because those who utilize the system do not regularly enter and update data. Te data collection and information sharing process should support and enhance existing agency operations and activities. m. Te subcommittee did not identify any existing platforms for data collection that could be modined to collect data on human tramcking from government and non-government agencies statewide. As a result, the development of a data collection and information sharing system will likely be costly. Appendix H 79 Massachusetts Interagency Human Trafcking Policy Task Force 80 Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX I: DATA COLLECTION AND INFORMATION SHARING SYSTEM CONSIDERATIONS Guiding principles Te subcommittee identined a series of principles to help guide the development of a data collection and information sharing system. Te system should: a. Collect information for victims and suspects into a single system though access to victim or suspect information might be restricted by user or user groups. Previous data collection enorts in the Commonwealth have been plagued by the problem of victims being recorded in multiple systems with no way to determine the extent of double counting. b. Have a look up system so you could see if a person was already in the system. c. Have access controls over specinc data nelds so that information can remain protected or conndential when needed. Who enters data and who has access to view data are two separate questions. d. Include the ability to enter information about persons who are at risk for tramcking that could be kept separate and information de-identined. Service providers may want to collect and track some basic information about this population but may not want this information shared with law enforcement. Law enforcement may have similar interest in ongoing investigations where victims or suspects have not been identined or tramcking connrmed. e. Limit system access to a single individual within an agency or organization that has been properly trained on the system requirements. Te subcommittee was concerned that too many users threaten the security of the system, raises concerns about breeches of conndentiality, and may result in poor data quality. Te person entering information should have sumcient knowledge of cases, clients or investigations to ensure data entry is accurate and complete. Additionally, the responsibility of data entry should not distract a professional from their regular duties. Tere was a recommendation from the group that the Victim- Witness Advocate, mental health clinician or crime analyst within law enforcement may be the most appropriate roles for human tramcking data entry. f. Designate a person or agency (maybe within the AGs omce) to have access to oversee access and use of the system. Tis person would likely need to have the capacity to view all the information in the system. g. Restrict access within each agency/organization that reports information into the system to a single person who has been trained to enter information and follow appropriate security controls. h. Allow information to be shared even in situations where federal law enforcement are involved. Tis is will require agreements from federal agency leadership. i. Be accompanied by protocols that are informed by appropriate statute and legislation concerning information sharing to guide data collection and information sharing. Protocols should comprehensively outline the conndentiality controls and regulations for the data entry and information sharing. j. In most municipal law enforcement agencies in the Commonwealth, IT omcers can make changes to internal records management systems to add nelds to capture information about human tramcking. Appendix I 81 Massachusetts Interagency Human Trafcking Policy Task Force Potential Data Fields Person information First and last name of victim or suspect (protected information, names could be replaced with unique identiners in the system) Home address/city Basic information about victim or suspect Age range (classincation as juvenile or adult) Gender Race Citizenship (collected in federal systems but may not be needed in state system) Custody status for children Abuse/trauma history Criminal history Gang amliation School/work amliation Indicators of substance abuse Involvement with DYS, DCF, other government agencies Indication of how person was identined Arrest been made Date Arresting agency Bail status Arrest charge Prosecution status, charges, adjudication, sentence Narrative about victim or suspect information such as risk factors, history of running away, aliases, known associates Indication of types of services provided or needed Incident or characteristics of the victimization information Date, time and location of incident or victim identincation Location of incident or victim identincation Type of tramcking involved Sex Labor Characteristics of the tramcking/exploitation Recruitment Movement Type of exploitation Narrative Agencies involved 82 Appendix I Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX J: PUBLIC AWARENESS Below are additional details on campaign platforms: Out of the Box Vehicles: Develop inexpensive message delivery, such as a coaster or napkin to be used in restaurants, bars, and other establishments that feature a vignette of a tramcking victim, criminal consequences and the hotline. Website URLs: As we know, tramcking has gone online. In order to reach tramckers and victims, our campaigns need to as well. Commonwealth Blogosphere: Write blog posts or newsletter entries from state agencies, legislative omces, and executive omces to highlight the connection between anti-tramcking enorts and each omces work, especially around awareness days, news coverage of the issue, and legislative milestones. Public Notices (Print): Collaborate with the MA Department of Labor Standards to encourage employers to post the U.S. Department of Homeland Securitys Blue Campaign and/or the U.S. Administration for Children and Families Rescue & Restore Campaign notices. Collaborate with appropriate government agencies to encourage public spaces such as hotels, restaurants, bars, hospitals, massage parlors, nail salons, and other to post and distribute said materials. Partner with Truckers Against Tramcking to display materials at roadway check points, truck stops, and rest stops. Cost Estimate: In order to provide the legislature with insight into the cost of certain platforms, the subcommittee has provided estimates for print notices on public transportation MBTA Backlit Bus Shelters: $1,300 per space 4 weeks MBTA Train cars: 60 cards: $4,600 per month MBTA Station posters: $3,200 Public Notices (Audio & video): Collaborate with the Department of Transportation (MassDOT) and other regional transit hubs and routes to identify required public service display times on highway electronic billboards, Logan Airport displays, RMV waiting area displays, MBTA billboards, screens, turnstiles, and audio announcements to broadcast Public Service Announcements (PSAs), digital, and print ads. Partner with privately-owned and local public access TV stations to broadcast PSAs. Cost Estimate: In order to provide the legislature with insight into the cost of certain platforms, the subcommittee has provided estimates for public notices broadcast in the following ways: Estimated Costs: Movie Teater (:30 spot, 20 screens in one cinema) $6,900 Zoned Cable TV (100 :30 spots per week, Boston coastal zone) $5,250 weekly ClearChannel Billboards: $6,900 - $16,500 per month Ethnic Media Outlets: Working with ethnic media outlets including print media, TV and radio to deliver campaign message would allow us to reach a broader market. Cost Estimate: In order to provide the legislature with insight into the cost of using ethnic media, subcommittee has provided estimates for notices broadcast in the following ways: Digital: Tuboston.com (400k impressions) $5,000 Print El Planeta (1/2 page), $853.00 El Mundo (Full Page), $750.00 Appendix J 83 Massachusetts Interagency Human Trafcking Policy Task Force Brazilian Times (Full Page) $ 500.00 Sampan News (Full Page), $550.00 Radio Independent producers (30 sec spots), $ 50 La Mega (30 sec spot), $80 TV Univision (On average 30 sec. spot), $150 Telemundo (On average 30 sec. spot), $150 Events: Creating or participating in events to promote the states enorts to combat human tramcking is also another platform to consider. We recommend coordinating activities under the National Human Tramcking Awareness Day in January or at strategic legislative milestones such as the Tramcking Victims Protection Reauthorization Act (TVPRA). Collaborations and Partnerships - We believe that to produce the most enective human tramcking campaign, the state must create collaborations and partnerships with other organizations in an enort to leverage resources. Te collaborations and partnerships the subcommittee examined and the Task Force recommends include: sports and cultural institutions, spokespeople, corporations with social representation, technology companies, colleges and universities, and grassroots & faith based community outreach. Sports and Cultural Institutions: Identify innovative fundraising and public awareness opportunities such as proceeds from ticket sales at major and minor league, as well as amateur sports events; Identify opportunities for material distribution and proceeds of ticket sales from concert halls, theaters, nlm festivals, museums that have themes and performances that are relevant to human rights, migrant rights, womens rights and workers rights. Spokespeople: Identify local celebrities, elected omcials, faith and community leaders and media personalities as ambassadors for the campaign, through appearances in PSAs, posters and events. Corporate Social Responsibility: Promote responsible business through exploring a responsible business guide with restaurant reviews or labor rights organizations similar to San Franciscos Dining With Justice guide, and promote tools such as the Slavery Footprint and Made in a Free World and mobile apps such as Free2Work and U.S. Department of Labors Eat Shop Sleep. Identify brand and values alignment among companies and corporations to co-sponsor projects, public awareness events, and PSAs. Explore ways to prevent tramcking through the Massachusetts Gaming Commission. Technology Companies: Collaborate with technology nrms and initiatives such as the Microsoft Digital Crimes Unit to research and disrupt how Johns search for victims online, and partner with search engines, social media and other nrms meta-data analysis capability to display (pro-bono) advertisements of John schools, and enforcement messages through search results and web advertising. Colleges and Universities: Explore opportunities to partner with the tens of thousands of students throughout the 110 colleges and universities in Massachusetts on research, awareness campaigns and the schools communications channels. A curriculum exists which is already neld-tested and developed by the UNICEF End Tramcking Campaign for middle- and high-school teachers to educate students about modern-day slavery at home and across the globe. Explore collaboration with the Education & Training Subcommittees enorts and training for social studies and health teachers via public school meetings or professional development opportunities. Grassroots Outreach & Faith-Based Community: Equip and mobilize grassroots organizations and engage faith-based constituencies to spread the message and educate the public, especially in harder-to- reach communities, foreign language audiences, and those for which mainstream media and broadband internet access have limited reach. 84 Appendix J Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX K: SECONDARY PUBLIC AWARENESS RESEARCH FINDINGS SUMMARY Campaign / Initiative Highlights Outcomes Takeaway for MA Gay Men Domestic Violence Prevention (Massachusetts, 1999- 2001) Statewide public awareness plan (funded by the state Dept. of Public Health at $450,000 for three years); extensive surveys for two years prior to launch; outreach package of videos posters, t-shirts, press kits, etc. Tripled hotline calls, considerable local and national media coverage Pro-bono consulting/ design, free ad-space on MBTA $150,000 per year, market research and strong input throughout process from key constituencies Can you See It LBGT DV Campaign (Massachusetts, 2003) Statewide outreach informed by community- based forums from previous campaigns; face- to-face outreach; MBTA and print media ads High pronle media coverage; website received 20,000 hits per month; activities spawned out of campaign included literature, community forums, and professional trainings; reached measurable goals (number of gay men who prioritized DV as a top issue, self- identincations of victims, and volunteers/activists) Sponsorships from sports teams, pro-bono consulting/design, well- designed and used website is key; activated and partnered with on-the- ground activists/volunteers Sexual Assault Awareness Campaign SAAM (Massachusetts and national, annual) Prevention-focused, resources for adults and parents, strong branding and materials (resource CDs, media, social media, PSAs, fact sheets, press conferences) Individual states track success of campaign based on collaborate events, reach fund-raising goals, hotline calls, and hits on website Coordinated with national campaign, full time stan + benents and funding for materials totaled $68,000 per year Dear John Campaign (Atlanta, 2006) Strong presence and leadership by Mayor Shirley Franklin; built-in study commissioned in 2005; very high pronle launch Emmy award-winning PSA; Fund-raised $100,000 2 years after launch to extend the campaign; free network time for PSAs, local non- pront nooded with phone calls from volunteers, Dear John campaign spread to other states Leadership + personal story from omcial; strong partnerships with providers and media; fundraising component; timing was ripe in the aftermath of the Boy Scouts sexual abuse scandal Appendix K 85 Massachusetts Interagency Human Trafcking Policy Task Force Campaign / Initiative Highlights Outcomes Takeaway for MA Polaris Project (nation- wide, ongoing) Emphasis on helping victims, enhance anti- tramcking laws and building partnerships; 10 year report concludes that work still needs to be done in unmasking the realities of tramcking and correct misconceptions Provided resources for many activists and campaigns, organized public marches and lobby days; increased usage of website and hotline; Onered technical assistance and consulting to review public awareness campaigns; data-gathering mechanism of hotline to track campaign emcacy; the importance of knowing and targeting audience; innovations - coasters at Texas bars and restaurants with vignette and hotline #; strong social media usage; two-way links for website NYC End Human Trafcking (Five Boroughs, ongoing) Lead by Mayors omce, with funding for NGOs and service providers Strong local media engagement; Polaris hotline results pending Stand-alone website that also has strong branding with the Mayors Omce and easily sharable resources End Demand Voices and Faces Project (Illinois, ongoing) Emphasis on targeting buyers and consumers; challenge public attitudes about sexual exploitation (Te Ugly Truth, Te Prostitution Myth); focused on major metro areas; posters on all transit modes and hubs Report on results pending Very balanced messaging and tone; $950,000 cost, including in-kind media; onered assistance with designing campaign Maria Talks (Massachusetts, 2008- 2010) Partnership between AIDS Action Committee and Dept. of Public Health to create website containing medically accurate info about sexuality for teens; Funding for 2008-2011 averaged $140,000/year High usage of website, although some might not be youth but opponents of public sexual education Strong marketing and social media presence and collateral marketing materials; training for stakeholders to use the materials San Jose / CA Taskforce (ongoing) Targeted potential nrst responder/report; created info-cards for potential victims (especially in the agricultural/fruit sales industry); translated materials in key languages; in-person trainings/human billboards; nlm screenings Active partnerships with Stanford University Hospital, trainings conducted for ER stan; ongoing and engaged grassroots groups Translated materials and info-cards for potential victims; enective use of materials and nlm screenings; received funding from CA and federal grants; local partners (faith, NGOs) linked to website 86 Appendix K Massachusetts Interagency Human Trafcking Policy Task Force Campaign / Initiative Highlights Outcomes Takeaway for MA DC Taskforce / Washington Nationals (ongoing) Strong partnerships between law enforcement and NGOs; emphasis on identifying domestic and foreign-born victims for both sex and labor tramcking to increase services and prosecution Integration with MLB games as public outreach opportunities (i.e. nrst pitch, 7th inning stretch); collaboration with DC Taxi Commissioner to display stickers in cabs; ads displayed in public transit; started partnership with selected hotel chains; coverage by NPR Funded from ticket sales (via taskforce) and benefactor; private-public partnerships; timed activities around legislative milestones DHS Blue Campaign (nation-wide, ongoing) Strong message and branding with messages catered for dinerence audiences/partners; separate hotline for law enforcement, Polaris # for general public Ongoing engagement with stakeholders to track enectiveness and seek feedback; partnership with Dept. of Transportation and Amtrak Free toolkits and notices for workplaces USA Fund for UNICEF (nation-wide, ongoing) Emphasis on child tramcking; new enort to raise awareness about domestic issues; strong branding and media kit; wide reach and recognition National results and local observations pending Develop similar infographic and fact-sheet, utilize nlm screenings as way to engage activists and the general public; middle and high school curriculum ACF Rescue & Restore (nation-wide, ongoing) Emphasis on public education: look beneath the surface; focus on victim identincation Usage of materials from a variety of partners Free translated materials available that targets general public and victims; strong connection to victims identincation and services; California Taskforce (2012) Supply chain monitoring embedded in CA law; eliminating force labor from state contractors; strong public-private partnerships Collaboration with Microsoft to disrupt online activities of tramckers; foundation and academic support Consumer awareness websites and mobile apps (i.e. Slavery Footprint, Eat Shop Sleep App; alignment with state labor laws and procurements; utilize partnerships and internet technology Truckers Against Trafcking (nation-wide, ongoing) Decal on many trucks directing victims and drivers to hotline; specinc reach into hard-to-reach areas; training videos for truckers and general public Strong partnership with local networks and recognition by the U.S. Department of Transportation. Relatively low cost for well-used print materials (i.e. $2,000 for 100,000 wallet cards); training video cost $50,000 Appendix K 87 Massachusetts Interagency Human Trafcking Policy Task Force Campaign / Initiative Highlights Outcomes Takeaway for MA San Francisco End Wage Teft (ongoing) Strengthen enforcement among agencies; support and promote responsible business practices Published revised Dining with Justice guide after strong demand for 1st edition; City-ordinances Incentivize responsible labor practices; labor- focused prevention and empowerment or workers My Life My Choice (2011) Victim- and community- informed and well- designed posters; pro- bono design from Corey; designed to attract youth; displayed on specinc MBTA routes A large response from concerned parents and from girls who were victims themselves; increased referrals from nrst responders and educators; spawned partnership with Mass. Housing Survivor-informed, audience-tested and community-driven approach; social- services and government partnerships Not for Sale MA / MA Freedom Network (ongoing) Grassroots campaigns and public awareness events (Freeze, Boston Marathon, forums) to discuss the usage of language, empowering individuals and groups to create counter-tramcking networks Committed network of activists from all walks of life; strong showing at events (freedom walks, nash mobs); growing newsletter and social media engagement Activate boots on the ground; enective and timely public events; engaging network of activists and stakeholders that builds leadership and citizen-led activities to equip the public to understand signs of tramcking and spread the word ARGUS Projects (Drunk Driving, anti-tobacco, seatbelts, DV Range from strong enforcement and behavioral change (drive drunk, get busted; click it or ticket) to very culturally-sensitive materials (Punch & Scratch campaign in 13 languages), to innovative approaches to counter norms (Big Tobacco Carnival of Tricks) 600 individuals signed to oppose tobacco industry in one day; driving behavior results pending; partnership with law enforcement re: DV by passing out cards to providers and victims Innovative approaches, strong buy-in from law enforcement, culturally- sensitive Existing Massachusetts workplace notices and public spaces Under law, only a certain set of notices of required; MBTA and Highways have available space and PSA requirements/protocols High-exposure via key transportation hubs and routes Utilize PSA requirements in E-billboards (20 seconds), RMV screen-time, MBTA and regional transit hub ad space; identify private-partnership in development/delivery of PSAs; partner with local TV/Radio stations 88 Appendix K Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX L: LEGISLATIVE LANGUAGE SECTION 31. (a) Tere shall be an interagency Task Force to address all aspects of human tramcking, including sex tramcking and labor tramcking. Te Task Force shall consist of the attorney general or the attorney generals designee, who shall serve as the chair, the colonel of state police or the colonels designee, a representative of the Massachusetts police chiefs association, a representative of the Massachusetts district attorneys association, the commissioner of the Boston police department or the commissioners designee, the director of the division of professional licensure or the directors designee, a representative of the Massachusetts omce for victim assistance, the director of the department of labor standards or the directors designee, the commissioner of the department of children and families or the commissioners designee, the secretary of the executive omce of public safety or the secretarys designee, the commissioner of the omce of probation or the commissioners designee; a representative of a group dedicated to immigrant and refugee issues appointed by the governor; a representative of a group dedicated to the prevention of violence against women appointed by the governor; a representative of an entity dedicated to prevention of and intervention in the tramcking of children appointed by the governor; a survivor of human tramcking appointed by the governor; a human tramcking attorney appointed by the governor; a human tramcking caseworker appointed by the governor; a mental health professional appointed by the governor and a university researcher with a background in human tramcking appointed by the governor. (b) Subject to appropriation, the Task Force shall: (i) coordinate the collection and sharing of human tramcking data among government agencies; provided, however, that such data collection shall respect the privacy of victims of human tramcking; coordinate strategies and make recommendations for law enforcement to share information for the purposes of detecting individuals and groups engaged in human tramcking; (ii) review and recommend policies and procedures to enable state government to work with non- governmental organizations and other elements of civil society to prevent human tramcking and to protect and provide assistance to victims of tramcking; (iii) identify and review the existing services and facilities that meet the needs of victims of human tramcking including, but not limited to, health and mental health services, housing, education and job training, legal services and victim compensation; (iv) evaluate approaches to increase public awareness of human tramcking and oner recommendations for programs and educational and training opportunities for law enforcement and social service providers including, but not limited to, methods used to identify human tramcking victims including preliminary interviewing and questioning techniques, methods of protecting the special needs of women and child human tramcking victims, developments in state and federal laws regarding human tramcking and methods to increase enective collaboration between state and local agencies, law enforcement, social service providers and non-governmental organizations; (v) examine ways to curtail the demand side of tramcking such as self-sustaining nrst onender diversion programs; (vi) examine the costs associated with establishing a safe house pilot program for adult and child victims of human tramcking and identify public and private funding sources that may be used to develop and implement a safe house pilot program; Appendix L 89 Massachusetts Interagency Human Trafcking Policy Task Force (vii) examine cost-enective notices, announcements or advertisements that may be displayed in public places, such as airports, train stations, bus stations, hotels, massage parlors, spas, strip clubs and other sexually- oriented businesses providing information relating to services for human tramcking victims; (viii) recommend strategy and relevant methodologies for training providers in health and human services in the recognition of signs and circumstances indicating that an individual is the victim of human tramcking and the appropriate steps to report the individual to the appropriate law enforcement personnel or agencies; (ix) recommend ways to develop and promulgate educational materials and health curricula that may be used by school administrators and educators to identify human tramcking victims and the appropriate actions to be undertaken when such victims are identined and to educate school omcials as to the scope and magnitude of human tramcking in the nation and the commonwealth including, but not limited to, how to prevent it and developing a parent guide and teacher training material on internet safety and methods of preventing the exploitation of minors over the internet; and (x) submit a report of its nndings and recommendations to the clerks of the senate and the house of representatives who shall forward the report to the chairs of the joint committee on the judiciary not later than 18 months after the enective date of this act. Te Task Force shall determine if subsequent reports are necessary in order to properly address human tramcking. 90 Appendix L Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX M: SHORT, MID, AND LONG TERM GOALS Te following are a list of short, mid, and long term goals for Massachusetts with regards to addressing human tramcking. Victim Services Short Term 1. A plan to increase funding for victim services moving forward both in the private and public sector 2. A group convened to implement pilot safe houses or homes in Massachusetts 3. Safe house capacity for nve tramcking victims Mid Term 1. Appropriate regulations to allow for victims to be eligible for services 2. A public-private partnership to support safe houses 3. A clear understanding by victim service providers about what services are most enective in meeting the needs of victims Long Term 1. A funded comprehensive set of services for victims of human tramcking Demand Reduction Short Term 1. A state wide technical assistance team identined to assist municipal police departments in in-person and technical reverse stings and a plan to make police departments aware of their existence 2. A state agency identined to manage the roll out of a statewide nrst onender program Mid Term 1. A clear understanding by municipal police departments about the resources available to them through the technical assistance program, the role demand plays in human tramcking, and the importance of asset forfeiture and arresting onenders for the appropriate crime 2. Statewide nrst onender program availability 3. An equal number of arrests between sex buyers and sellers 4. Demand reduction enorts integrated into all anti-tramcking strategies Long Term 1. A pervasive public understanding of how the buying of sex supports human tramcking and the damage tramcking does to its victims and society 2. A model technical assistance program for reverse stings 3. A model nrst onender program Appendix M 91 Massachusetts Interagency Human Trafcking Policy Task Force Data Collection and Information Sharing Short Term 1. A standard dennition of human tramcking to be used to support data collection and victim services 2. Necessary members of the District Attorneys Omces (DAO) multidisciplinary team (MDT) pilots identined and developed working protocols for each 3. A plan for the dissemination of the victim screen tool and protocol 4. A process for the DAO MDTs to share information with each other about their protocols Mid Term 1. A process for collecting, storing, and analyzing state-wide tramcking data 2. Clear protocols on interrogation versus screening and how to share data across jurisdictions 3. A budget for the data collection software and storage program 4. An RFP plan for the data collection software 5. Identined and dedicated funding for the software project 6. A plan to train all relevant parties in the data collection process Long Term 1. A pervasive understanding of what a human tramcking victim is, how to screen for it, and who to contact when there is suspicion of a problem, and where to send the data 2. A model set of data collection and information sharing protocols and the software to support them Education and Training Schools Short Term 1. Identined providers for internet safety training/who is responsible for developing parent guide 2. Identined trainers for teachers 3. A clear understanding of which stan needs to know what about tramcking 4. A dedicated and stable budget for the program Mid Term 1. A comprehensive and enective training plan for school stan and students 2. Parent guide material onered to all parents in the public school system Long Term 1. School personnel who understand how to keep students safe from tramckers and who to refer to when tramcking is suspected 2. Students who understand the impact of the sex industry and how to keep themselves safe 92 Appendix M Massachusetts Interagency Human Trafcking Policy Task Force Law Enforcement Short Term 1. A law enforcement training plan 2. Identined stan that needs to be trained and what that training will entail 3. A training budget 4. An established protocol for interrogations versus screenings Mid Term 1. A comprehensive training program for all new and existing members of law enforcement 2. A dedicated and stable budget for trainings Long Term By the end of nve years, Massachusetts should have: 1. A law enforcement well educated in the signs of tramcking, how to investigate for tramcking, and how to conduct reverse stings. Medical and Social Services Providers Short Term 1. A nnal list of all personnel (hospitals /services) that would attend trainings 2. Identined trainers 3. Training budget 4. Established protocol for tending to victims in hospitals and social services organizations 5. A plan in place to educate medical and social services providers Mid Term 1. An implemented training plan 2. Human tramcking information incorporated into all appropriate existing trainings 3. Cultivated in house champions for at least half of Massachusetts hospitals Long Term 1. A hospital and social service workforce who understands what tramcking is and how to address the issue 2. A dedicated and stable source of funding for continuing training Appendix M 93 Massachusetts Interagency Human Trafcking Policy Task Force Public Awareness Short Term 1. An agency responsible for the website portal and public awareness campaign 2. A work now plan for call referrals for the national toll-free telephone number 3. An immediate and short term human tramcking information website 4. A plan for what data should be on the site and the scope of its abilities 5. An RFP process for the designer/host of the website 6. A budget for the site and dedicating funding to support it over nve years 7. A nve year plan to increase the publics understanding of what tramcking is and to increase the number of victims identined 8. A list of potential partners for the campaign Mid Term 1. A dedicated human tramcking website (like the one NY has) with high tramc that is incorporated into trainings and public awareness campaigns 2. A process in place whereby the public and donate money to the victims trust fund via the site 3. Dedicated funding for a pilot plug and play campaign 4. A plug and play campaign disseminated on a pilot basis with measurement for the call to action 5. An RFP pro bono process drafted and deployed that engages an advertising company to create, manage, and measure the success of the campaign Long Term 1. A model tramcking website and public awareness campaign 2. A strong public knowledge base about what tramcking is and how they can help address the problem 94 Appendix M Massachusetts Interagency Human Trafcking Policy Task Force APPENDIX N: SUBCOMMITTEE MEMBERSHIP Victim Services Co-Chairs: Julie Dahlstom, Lutheran Social Services and Boston University School of Law Human Tramcking Clinic Liam Lowney, Massachusetts Omce for Victim Assistance Audrey Morrissey, My Life My Choice Members: Stephanie Decandia, Boston Area Rape Crisis Center Cherie Jimenez, Te E.V.A. Center Tom King, Massachusetts Childrens Alliance Joe McKown, National Center on Time and Learning Steven Procopio, JRI Health and Boston GLASS Demand Reduction Co-Chairs: Sheridan Haines, Executive Omce of Public Safety Lina Nealon, Demand Abolition Members: Maureen Casey, Spectrum Health Systems Ellen Slaney and Diane Richard, Department of Probation Michael Shively, Abt Associates Education and Training Co-Chairs: Lisa Goldblatt Grace, My Life My Choice Ellen Lemire, Sunolk County District Attorneys Omce and Geline Williams, Massachusetts District Attorneys Association Members: Lieutenants Pi Heseltine and Mary McCauley, Mass State Police Deputy Superintendent Kelly Nee, Boston Police Anne Sheetz, Department of Public Health School Nursing Appendix N 95 Massachusetts Interagency Human Trafcking Policy Task Force Data Collection and Information Sharing Co-Chairs: Amy Farrell, Northeastern University Chief Tom Pasquarello, Somerville Police Department Members: Lori Ann Bertram, Department of Children and Family Services David Carabin, Boston Regional Information Center Chris Carroll, Division of Professional Licensure Mike Coelho, Executive Omce of Public Safety and Security Susan Goldfarb, Childrens Advocacy Center Public Awareness Co-Chairs: Brian Henron, Conover Tuttle Pace Josiane Martinez, Omce for Refugees & Immigrants Members Linda Brown, Department of Public Health Lucas Guerra, ARGUS Javier Marin, El Planeta / MasTV Heather Rowe, Department of Labor Standards Franklin Soults, Massachusetts Immigration and Refugee Advocacy Coalition Te Task Force thanks Corinn Nelson, Catherine Choi, Maeve Dawley, Sarah Margolis, Brittney Rizo, and Sam Tsoi for their work on this report. 96 Appendix N Massachusetts Interagency Human Trafcking Policy Task Force 97 Oiiici oi Arroixi\ Gixiiai Mairua Coaxii\ One Ashburton Place Boston, MA 02108 (617) 727-2200 www.mass.gov/ago/ihttf