Relates to meetings of the interagency task force on human trafficking and extends such provisions relating thereto; adds additional members to the board; requires meeting no less than three times per year and annual reporting.
TITLE OF BILL: An act to amend the social services law, in relation to the composition of the interagency task force on human trafficking and their meetings; and to amend chapter 74 of the laws of 2007 amending the penal law, the criminal procedure law, the correction law, the social services law, and the executive law relating to human trafficking, in relation to extending the interagency task force on human trafficking
PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to extend and expand upon the Interagency Task Force on Human Trafficking, originally established in 2007 and set to expire this year, until 2017.
SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 483-ee of the social services law, as added by chapter 74 of the laws of 2007, subdivision (a), as amended by section 5 of part A-1 of chapter 56 of the laws of 2010; and also amends section 14 of chapter 74 of the laws of 2007 as amended by chapter 24 of the laws of 2011.
JUSTIFICATION: This Task Force, originally created in 2007 as a result of Governor's Program bill 31 establishing criminal penalties for human trafficking in New York State, was formed to collect data relating to the enactment of this human trafficking law and to make recommendations on the effectiveness of the provisions set forth in this new law and potential amendments. Specifically, the task force was charged with: coordinating the implementation of the new law; studying issues that may need further reform, including ensuring that victims are properly protected and assisted; collecting data on the extent of trafficking in the state; and recommending best practices for training and community outreach to help law enforcement, social service providers, prosecutors, defense attorneys, and the general public to recognize trafficking situations. The Task Force was also charged with measuring and evaluating the state's progress in preventing trafficking and prosecuting persons engaged in such trafficking.
As a result of this legislation, the Task Force issued one follow up report in August of 2008. Since then, there have been no published updates on the activity surrounding access to social services for victims of human trafficking, the effectiveness of the law, and no suggestions or amendments have been provided to the legislature for review.
In order to bolster the efficiency, effectiveness and production of this task force, this bill codifies the following enhancements. First, seven new members of the task force will be appointed: four by the two leaders of the houses of the legislature in order to have hands on access to the most up to date information for policy makers. Two appointments will be made by the governor based on the recommendation of the not-for-profit organization in New York State that receives the largest share of funds appropriated by and through the state budget for providing services to victims of human trafficking, and the final appointment will be made on the recommendation of the President of the New York State Bar Association.
In addition, the Chairman of the task force will be required to create sub committees to meet, gather specific information, formulate recommendations and report back to the general task force on specific elements of this multifaceted problem. Each subcommittee must include at least one of the new seven new members. The task force will now be required to meet at least three times per year and issue a report at least annually.
The goal of all of these enhancements is to ensure that every possible resource, in and out of government, is used effectively to protect victims, prosecute the purveyors of these horrific activities, and put as much of a stranglehold on the business of human trafficking as possible in New York State.
PRIOR LEGISLATIVE HISTORY: New bill.
EFFECTIVE DATE: Immediately, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 4663 2013-2014 Regular Sessions IN SENATE April 17, 2013 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the social services law, in relation to the composition of the interagency task force on human trafficking and their meetings; and to amend chapter 74 of the laws of 2007 amending the penal law, the criminal procedure law, the correction law, the social services law, and the executive law relating to human trafficking, in relation to extending the interagency task force on human trafficking THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 483-ee of the social services law, as added by chapter 74 of the laws of 2007, subdivision (a) as amended by section 5 of part A-1 of chapter 56 of the laws of 2010, is amended to read as follows: S 483-ee. Establishment of interagency task force on human traffick- ing. (a) There is established an interagency task force on trafficking in persons, which shall consist of the following members or their desig- nees: (1) the commissioner of the division of criminal justice services; (2) the commissioner of the office of temporary and disability assist- ance; (3) the commissioner of health; (4) the commissioner of the office of mental health; (5) the commissioner of labor; (6) the commissioner of the office of children and family services; (7) the commissioner of the office of alcoholism and substance abuse services; (8) the director of the office of victim services; (9) the executive director of the office for the prevention of domestic violence;
[and](10) the superintendent of the division of state police; AND THE FOLLOWING ADDITIONAL MEMBERS, WHO SHALL BE PROMPTLY APPOINTED BY THE GOVERNOR, EACH FOR A TERM OF TWO YEARS, PROVIDED THAT SUCH PERSON'S MEMBERSHIP SHALL CONTINUE AFTER SUCH TWO YEAR TERM UNTIL A SUCCESSOR IS APPOINTED AND PROVIDED, FURTHER, THAT A MEMBER MAY BE REAPPOINTED IF AGAIN RECOMMENDED IN THE MANNER SPECIFIED IN THIS SUBDIVISION: (11) TWO MEMBERS, WHO SHALL BE APPOINTED ON THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06522-06-3 S. 4663 2
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE; (12) TWO MEMBERS, WHO SHALL BE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; (13) TWO MEMBERS, WHO SHALL BE APPOINTED ON THE RECOMMEN- DATION OF THE NOT-FOR-PROFIT ORGANIZATION IN NEW YORK STATE THAT RECEIVES THE LARGEST SHARE OF FUNDS, APPROPRIATED BY AND THROUGH THE STATE BUDGET, FOR PROVIDING SERVICES TO VICTIMS OF HUMAN TRAFFICKING, AS SHALL BE IDENTIFIED ANNUALLY IN WRITING BY THE DIRECTOR OF THE BUDGET; AND (14) ONE MEMBER, WHO SHALL BE APPOINTED ON THE RECOMMENDATION OF THE PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION; and others as may be necessary to carry out the duties and responsibilities under this section. The task force will be co-chaired by the commissioners of the division of criminal justice services and the office of temporary and disability assistance, or their designees. It shall meet as often as is necessary, BUT NO LESS THAN THREE TIMES PER YEAR, and under circum- stances as are appropriate to fulfilling its duties under this section. ALL MEMBERS SHALL BE PROVIDED WITH WRITTEN NOTICE REASONABLY IN ADVANCE OF EACH MEETING WITH DATE, TIME AND LOCATION OF SUCH MEETING. (b) The task force shall: (1) collect and organize data on the nature and extent of trafficking in persons in the state; (2) identify avail- able federal, state and local programs that provide services to victims of trafficking, including but not limited to case management, housing, health care, mental health counseling, drug addiction screening and treatment, language interpretation and translation services, English language instruction, job training and placement assistance, post-em- ployment services for job retention, and services to assist the individ- ual and any of his or her family members to establish a permanent resi- dence in New York state or the United States; (3) consult with governmental and non-governmental organizations in developing recommen- dations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking and prosecute traffickers; (4) establish interagency protocols and collaboration between federal, state, and local law enforcement, state and governmental agencies, child welfare agencies, and non-governmental organizations; (5) evaluate approaches to increase public awareness about trafficking and make recommendations on such approaches; (6) evaluate the effectiveness of training programs on human trafficking that have been designed for law enforcement personnel, criminal defense attorneys, social service providers and non-governmental organizations, and make recommendations for improving the quality and effectiveness of such programs;
[and](7) measure and evaluate the progress of the state in preventing traffick- ing, protecting and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking; AND (8) CONVENE ANY SUBCOM- MITTEE NECESSARY, PROVIDED SUCH SUBCOMMITTEE HAS AT LEAST ONE OF THE MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF THE SENATE OR GOVERNOR, TO CONSIDER SPECIFIC ISSUES, INCLUDING, BUT NOT LIMITED TO: FEDERAL, STATE AND/OR LOCAL COOPERATION; JUVENILES AND HUMAN TRAFFICKING; THE IMPORTANCE OF TRAINING AND WHO SHOULD RECEIVE SUCH TRAINING; HOW DATA IS COMPILED AND SHARED; SERVICES FOR AND TREATMENT OF DOMESTIC VERSUS FOREIGN BORN VICTIMS. (c) [One year from the effective date of this section, or earlier if deemed appropriate, the task force shall report to the governor and the legislature on these issues,]THE TASK FORCE SHALL REPORT TO THE GOVER- NOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND THE MINORITY LEADER OF THE SENATE NO LESS THAN ANNUALLY, and it shall [thereafter]ADDITIONALLYS. 4663 3
issue such reports and recommendations as it deems necessary to carry out its duties and responsibilities. S 2. Section 14 of chapter 74 of the laws of 2007, amending the penal law, the criminal procedure law, the correction law, the social services law, and the executive law relating to human trafficking, as amended by chapter 24 of the laws of 2011, is amended to read as follows: S 14. This act shall take effect on the first of November next succeeding the date on which it shall have become a law; provided that section 483-ee of the social services law, as added by section eleven of this act, shall take effect immediately and shall remain in full force and effect until September 1,
2017 when upon such date the provisions of such section shall expire and be deemed repealed. Provided, effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the timely implementation of the provisions of article 10-D of the social services law, as added by section eleven of this act, on its effective date are authorized to be made on or before such effective date. S 3. This act shall take effect immediately; provided that the amend- ments to section 483-ee of the social services law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.