illinois human trafficking and prostitution laws policy briefing july 2014 transforming illinois’...
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ILLINOIS HUMAN TRAFFICKING AND PROSTITUTION LAWS Policy Briefing July 2014 transforming Illinois response to prostitution and trafficking For more information about CAASE and our work, please visit www.caase.org and www.enddemandillinois.org. Slide 2 A GENDA Welcome Overview of End Demand Illinois SB 3558 Successful Implementation of SB 3558 Prior End Demand Illinois Legislation How Can You Help? Discussion and Questions Slide 3 A BOUT CAASE CAASE addresses the culture, institutions, and individuals that perpetrate, profit from, or support sexual exploitation. Our work includes: * Litigation * Prevention * Community Engagement * Policy and Advocacy Reform Slide 4 GOAL - Traffickers, pimps, and the people who buy commercial sex are held accountable for their crimes and are deterred from future trafficking and prostitution offenses. GOAL - Prostituted and trafficked people receive comprehensive, specialized supportive services to address their complex needs and provide meaningful alternatives to prostitution. GOAL - Illinois residents, elected officials, policy makers, and opinion leaders are educated about the realities of prostitution and trafficking and are moved to take action against demand and end sexual exploitation. Slide 5 creating and advocating for public policies and legislation to achieve the goals of the campaign; educating the community, public policy makers, and opinion shapers about the campaign and need for reform; researching and proposing a model statewide system of supportive services for survivors of prostitution and trafficking; and engaging survivors of prostitution and trafficking to serve as advocates for the campaign. Slide 6 P ARTNERS Heartland Alliance lobbying leadership Chicago Legal Advocacy for Incarcerated Mothers (newly merged with Cabrini Green Legal Aid) survivor leadership development and lobbying Polaris Project legislative and policy expertise DePaul Law School research and evaluation Illinois Coalition Against Sexual Assault fiscal agent, lobbying The Voices and Faces Project communications and social media engagement Cook County Sheriffs Womens Justice Programs - survivor engagement and community education Slide 7 SB 3558 THE FUND Creates a special fund called the Specialized Services for Survivors of Human Trafficking Fund housed at the Illinois Department of Human Services. Slide 8 SB 3558 THE FUND Requires IDHS to use the funds to make grants to non- governmental organizations to provide specialized, trauma-informed services specifically designed to address the priority service needs associated with prostitution and human trafficking. Priority services include, but are not limited to, community based drop in centers, emergency housing, and long term safe homes. Collaboration The Department shall consult with prostitution and human trafficking advocates, survivors, and service providers to identify priority service needs in their respective communities. Slide 9 SB 3558 WHERE WILL THE MONEY COME FROM? Collects fines from people convicted of: Involuntary Servitude, Involuntary Sexual Servitude of Minor, Trafficking in Persons, Solicitation of a Sexual Act (special note) Promoting Prostitution, Patronizing a Prostitute. Does not require the judge to impose a fine. Does not increase fines against this group of offenders. Fines could range from $0 - $2,500 for the class A misdemeanor and $0 - $25,000 for the felonies. Slide 10 SB 3558 WHERE WILL THE MONEY COME FROM? Redirects proceeds of vehicle impoundment fees collected from human trafficking and prostitution-related offenses. Expands trafficking forfeiture proceedings to include Promoting Juvenile Prostitution, and Promoting prostitution by keeping a place of prostitution or keeping a place of juvenile prostitution. Changed distribution plan for forfeiture: 5% to IL States Attorneys Association for HT/Forfeiture training; 45% to state agencies involved in the operation and initiating the forfeiture proceedings; 50% to the Fund. Slide 11 SB 3558 WHERE WILL THE FINES GO? $50 to the Circuit Court Clerks office that collected the fines; $300 to law enforcement engaged in the operation; Balance to the Specialized Services for Survivors of Human Trafficking Fund. Slide 12 AMENDMENTS TO SOLICITATION OF A SEXUAL ACT Prohibits charging prostituted youth with Solicitation of a Sexual Act. Prevents convictions of prostituted people under Solicitation of a Sexual Act when the defendant was engaged solely in prostitution as defined under 11-14 of the Illinois criminal code. Slide 13 I MPLEMENTING SB 3558 Police officers focus investigation resources on pimps, johns, and traffickers in all communities in Illinois Prosecutors charge those offenses Prosecutors ask courts for fines upon conviction Judges impose them Circuit court clerks collect and distribute them Improve forfeiture capacity Educate LE and courts that they can use both municipal and state statutes Long term: IDHS grant process that convenes community to discuss priority service needs Slide 14 IL SAFE CHILDREN ACT 2010 (PA 96-1464) Minors involved in commercial sex are abused children and crime victims under the Abused and Neglected Child Reporting Act Juvenile prostitute eliminated from criminal code Minors under 18 are immune from prosecution for prostitution Law enforcement officers who encounter minors in prostitution must file a report of human trafficking to DCFS DCFS is required to investigate the report within 24 hours Slide 15 IL SAFE CHILDREN ACT 2010 (PA 96-1464) Prostitution-related offenses targeting pimps and/or johns enhanced from misdemeanors to felonies Buying sex from a child under 18 is now a class 4 felony For certain offenses, the Act eliminates the ability of an accused to allege a reasonable belief that the victim was at least 18 years old, unless the accused did not have a reasonable opportunity to observe the victim Vehicle impoundment fee increased from $200 to $1000, and applies to more crimes The Act expands wiretapping authority for criminal investigations of trafficking and prostitution Slide 16 JUSTICE FOR VICTIMS OF SEX TRAFFICKING CRIMES ACT - 2011 (PA 97-0267) Allows people with prostitution convictions to ask a judge to vacate those convictions that resulted from human trafficking. The petitioner must show that they have received services for victims of human trafficking, or no longer be trafficked; State why the petitioner did not present facts about the trafficking to the trial court; and Exercise due diligence in determining when to file the petition. There are no time limitations in the statute, and no limitations on the number of convictions that can be vacated. Law can benefit both adult and minor petitioners. Slide 17 JUSTICE FOR VICTIMS OF SEX TRAFFICKING CRIMES ACT - 2011 (PA 97-0267) Resources for Free Legal Representation: Chicago Alliance Against Sexual Exploitation. Contact Veronica, 773-244-2230 ext 204 to schedule an intake. Metropolitan Family Services. Contact Intake line, 312-986-4200 or email@example.com@metrofamily.org Free Litigation Guide for Attorneys: visit http://www.enddemandillinois.org/newsitems/lawyers -access-litigation-guide-help to download a copy. http://www.enddemandillinois.org/newsitems/lawyers -access-litigation-guide-help Implementation Update: 4 successful petitions in Cook, approximately 20 prostitution convictions vacated! Slide 18 REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012 (PA 97-0897) 720 ILCS 5/10 9(b) Involuntary servitude. A person knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or servicesl and: (1) causes or threatens to cause physical harm to any person; (2) physically restrains or threatens to physically restrain another person; (3) abuses or threatens to abuse the law or legal process; (4) knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; or (5) uses intimidation, or exerts financial control over any person; (6) uses any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform the labor or service, that person or another person would suffer serious harm or physical restraint. Slide 19 Definition of Serious Harm Provides a definition of serious harm related to the trafficking victim that duplicates existing federal trafficking code language and includes any harm, whether physical or nonphysical, including psychological, financial, or reputational. REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012 (PA 97-0897) Slide 20 Makes a technical change to 720 ILCS 5/10-9 Trafficking in persons, involuntary servitude, and related offenses by deleting the definition and references to forced labor and services. Creates a statute of limitations for prosecuting involuntary sexual servitude of a minor, involuntary servitude, and trafficking in persons when the victim was under the age of 18 at the time of the offense, using the same statute of limitations currently in place for related offenses. Enables law enforcement entities enforcing prostitution-related offenses to collect impoundment fees passed under the 2010 Safe Children Act even if the charges were filed under a local ordinance. Slide 21 PENALTIES FOR PROSTITUTION OFFENSES - 2013 Eliminates the felony penalty for those charged with prostitution in Illinois; Eliminates all potential for a felony upgrade based on the existence of certain prior convictions; Eliminates the First Offender Felony Probation Act. Slide 22 PENALTIES FOR PROSTITUTION OFFENSES 2013 (PA 98-0538) Amends the Mental Health Court Treatment act to ensure that people facing misdemeanor prostitution charges are eligible for mental health programs offered through the courts; Encourages provision o