Human Trafficking: Coordinating a California Response

Human Trafficking: Coordinating a California Response Report #250 | June 2020 Milton Marks Commission on California State Government Organization and Economy www.lhc.ca.gov LITTLE HOOVER COMMISSION Dedicated to Promoting Economy and Efficiency in California State Pedro Nava Government Chairman Sean Varner The Little Hoover Commission, formally known as the Milton Marks “Little Hoover” Commission on California State Government Vice Chairman Organization and Economy, is an independent state oversight agency. David Beier Dion Aroner* By statute, the Commission is a bipartisan board composed of five public members appointed by the governor, four public Cynthia Buiza† members appointed by the Legislature, two senators and Bill Emmerson two assemblymembers. Assemblymember Chad Mayes In creating the Commission in 1962, the Legislature declared Senator Jim Nielsen its purpose: Assemblymember Bill Quirk Senator Richard Roth ...to secure assistance for the Governor and itself in promoting economy, efficiency and improved services in the Cathy Schwamberger transaction of the public business in the various departments, Janna Sidley agencies and instrumentalities of the executive branch of *Served on study subcommittee the state government, and in making the operation of all †Served as subcommittee chair state departments, agencies and instrumentalities, and all expenditures of public funds, more directly responsive COMMISSION STAFF to the wishes of the people as expressed by their elected Ethan Rarick representatives... Executive Director The Commission fulfills this charge by listening to the public, Tamar Foster consulting with the experts and conferring with the wise. In the Deputy Executive Director course of its investigations, the Commission typically empanels advisory committees, conducts public hearings and visits Krystal Beckham government operations in action. Ashley Hurley Rachel Mattioli Its conclusions are submitted to the Governor and the Legislature for their consideration. Recommendations often take the form Sherry McAlister of legislation, which the Commission supports through the legislative process. Contacting the Commission All correspondence should be addressed to the Commission Office: Little Hoover Commission 925 L Street, Suite 805, Sacramento, CA 95814 (916) 445-2125 | littlehoover@lhc.ca.gov This report is available from the Commission’s website at www.lhc.ca.gov. 2 | LITTLE HOOVER COMMISSION Table of Contents EXECUTIVE SUMMARY ......................................................................5 INTRODUCTION .................................................................................7 BACKGROUND ...................................................................................7 What is Labor Trafficking ...............................................................................7 The Elements of Human Trafficking ....................................................8 Who Are Labor Traffickers and Who Are Their Victims? ............................8 Characteristics of Labor Traffickers ....................................................8 Characteristics of Labor Trafficking Victims ......................................8 LIMITED DATA ON THE EXTENT OF LABOR TRAFFICKING IN CALIFORNIA .......................................................................................9 Labor Trafficking is Present in a Variety of Industries Across the State 10 Top Industries for Labor Trafficking in California, 2012-2019 .......10 Labor Trafficking is Present in Communities Across the State ..............11 What Would it Take to Better Track the Prevalence of Labor Trafficking Statewide? ......................................................................................................11 CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING ...................12 Several Agencies Have a Role in Combatting Labor Trafficking, but California Lacks a Statewide Anti-Trafficking Strategy ............................14 Other States Have Designated Organizations to Coordinate Statewide Anti-Trafficking Efforts .................................................................................14 Local Government Leaders Provide A Model for Anti-Trafficking Coordination ..................................................................................................17 BUILDING A COMPREHENSIVE, STATEWIDE ANTI-TRAFFICKING NETWORK FOR CALIFORNIA ..........................................................19 Recommendation 1 .......................................................................................20 APPENDIX A: HOW OTHER STATES ORGANIZE TO COMBAT HUMAN TRAFFICKING ....................................................................22 NOTES ...............................................................................................24 HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 3 Letter from the Chair June 15, 2020 The Honorable Gavin Newsom Governor of California The Honorable Toni Atkins The Honorable Shannon Grove Speaker pro Tempore of the Senate Senate Minority Leader and members of the Senate The Honorable Anthony Rendon The Honorable Marie Waldron Speaker of the Assembly Assembly Minority Leader and members of the Assembly DEAR GOVERNOR AND MEMBERS OF THE LEGISLATURE: Last year the Little Hoover Commission initiated a review of California’s role in identifying and combatting labor trafficking, and in assisting victims/survivors of this type of human trafficking. The following report details our initial findings and recommendation. The Commission found that California’s response to human trafficking thus far has focused principally on combatting sex trafficking, particularly among minors. While the Commission recognizes that this critical work must continue, we encourage state leaders to build on and expand those efforts to also target labor traffickers. In this report, we examine what is known about the extent of the problem in California and find that little authoritative data exists to explain where and how frequently this crime occurs across our state. We also explain how labor trafficking is a form of human trafficking that often is hidden, sometimes in plain sight. But that the consequences of this crime are severe for the men and women forced to endure exploitative work, whether in a home, a restaurant, a building site, or a factory. The Commission recommends California create an entity to coordinate anti-trafficking activities statewide, as other states have done, and suggests remedies to enhance our understanding of this crime and our ability to fight it. Over the next several months, we will continue to explore specific strategies the state can employ to strengthen its response to labor trafficking and intend to issue subsequent work later this year. The Commission respectfully submits this work and stands prepared to help you take on this challenge. Sincerely, Pedro Nava, Chair Little Hoover Commission 4 | LITTLE HOOVER COMMISSION Executive Summary Letter from the Chair Human trafficking is a form of modern slavery. Labor trafficking victims may be men or women, Victims are denied their fundamental freedom, young or old, native-born citizens or immigrants. subjected to oppressive and horrifying conditions, However, a few commonalities are apparent. Most and often denied even minimal pay. They are victims are in the prime working years of 18 to 40. subjected to sexual exploitation or preyed upon for Many are immigrants who have entered the country the product of their labor, or both. Traffickers target legally to perform some kind of temporary work the most vulnerable – children, immigrants, and and become unauthorized due to their trafficking. others with few ways of supporting themselves or Research suggests that victims forced into domestic finding help. Victims’ stories are heartbreaking and servitude are more likely to be women, while those demand a response. in agricultural work are more likely to be men. Some research suggests that runaway and homeless youth In California and elsewhere, much of the focus are especially vulnerable. of law enforcement has appropriately been on The Extent of the Problem in combatting sex trafficking, particularly among minors, and the Commission emphasizes that this California is Unknown work must continue. But we also believe the state can and must do more to respond to labor trafficking. There is little authoritative data about the precise California must establish a new coordinating body extent of labor trafficking in California. The United to orchestrate the fight against all forms of this States is believed to be among the most common destination countries for trafficking, and California heinous crime and collect relevant data so we can among the most common destination states. make informed decisions about our progress. This Limited data available demonstrates this crime report outlines the need for such a body and our takes place within California communities, but is recommendations for how it might be constituted. not comprehensive enough to say with certainty We anticipate subsequent reports on labor trafficking exactly where and in which industries this crime later this year that will address other detailed policy occurs and who is likely victimized. A study in San recommendations to strengthen California’s struggle Diego identified labor trafficking in the construction, against one of our society’s most distressing crimes. janitorial and landscaping industries, but the problem Background clearly exists beyond border communities. State- funded programs report significant labor trafficking Human trafficking involves the use of force, fraud or in a wide variety of counties in Northern California, coercion to deprive a victim of his or her liberty for Southern California, and the Central Valley. The the purpose of obtaining labor or sexual services. Coalition to Abolish Slavery and Trafficking estimates Researchers typically divide human trafficking into a detailed study of the prevalence of human cases of sex trafficking or labor trafficking or both trafficking in California would cost approximately $3 (cases in which the victim is forced to provide both million to complete. sex and non-sexual labor). This study focuses on the California’s Response Has state’s response to labor trafficking, as opposed to cases that principally involve sex trafficking. Although Focused on Just Part of the trafficking typically involves other crimes, laws Problem specifically banning trafficking are shockingly new, enacted at the federal level in 2000 and in California In the years since the state criminalized human in 2005. trafficking, it has strengthened penalties for HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 5 traffickers, encouraged training to identify trafficking, The Commission believes the creation of a new and implemented other reforms. Often however coordinating council is a critical first step in the state’s efforts have focused principally on sex understanding more about this extraordinarily trafficking rather than labor trafficking. And while a serious crime and strengthening California’s variety of state agencies play a role in combatting response. human trafficking, the state lacks a coordinated strategy to target this crime. By contrast, some other states, including Colorado, Washington, and Ohio, have created coordinating agencies designed to strengthen efforts to stop trafficking. Within California, innovative local leaders have created effective anti-trafficking task forces. The Commission’s Recommendation The Commission believes it is past time for California to create a mechanism for coordinating the anti- trafficking efforts of all government agencies – state, local, and federal – and non-governmental organizations that do critical on-the-ground work to identify victims and help survivors. There must be a hub to coordinate efforts, collect data, increase public awareness, and share strategies to fight and prevent all forms of this crime. To accomplish these goals, the Commission recommends that the state create the California Anti-Human Trafficking Council within the Governor’s Office. The Council should be broad-based, and should include representatives of law enforcement, health and human service agencies, victims advocates and others. It should include state and local representatives and reflect the diverse regions and populations of California. Last, it should be provided with adequate staffing and meet with sufficient frequency to fulfill its mission. This mission should include, among other tasks, developing public awareness, collecting data, improving training guidelines, and developing standardized screening tools for industries in which trafficking is prevalent. 6 | LITTLE HOOVER COMMISSION Introduction California has made great strides in fighting human prosecution of labor trafficking. trafficking, but more must be done. Public awareness Background often focuses on cases in which people are trafficked for purposes of sexual exploitation. But the WHAT IS LABOR TRAFFICKING? Commission learned that a significant but unknown number of victims are preyed upon not for sex, but Human trafficking is a modern form of slavery that so that others may benefit from their labor, whether involves depriving or violating the personal liberty of in factories, fields, or family homes. Recognizing the another with the intent to obtain forced labor or sex. need to better understand the conditions that allow Researchers typically divide human trafficking into labor trafficking to flourish largely undetected, in cases of sex trafficking or labor trafficking or both November 2019 the Commission launched its review (cases in which the victim is forced to provide both of the state government’s role in combatting this sex and non-sexual labor). This report focuses on the crime. state’s response to labor trafficking, as opposed to cases that principally involve sex trafficking. The coronavirus pandemic hit in the midst of our review, and experts predict that the resulting Laws specifically prohibiting human trafficking economic conditions will only exacerbate labor are relatively new. The federal government first trafficking. Low-wage laborers may be forced to take introduced penalties for sex and labor trafficking whatever work will put food on the table, even if they in the Trafficking Victims Protection Act of 2000. are not properly compensated. Traffickers will exploit Several years later, in 2005, California made all forms workers’ desperation. Even public health directives to of human trafficking a felony and established civil shelter-in-place may drive vulnerable workers further and criminal penalties for forced labor.1 The state’s underground, isolating them from friends and family human trafficking laws are now defined in California and unintentionally reinforcing restrictions traffickers Penal Code, Section 236.1. Prior to the enactment of often use to control workers. Although solid numbers these laws, prosecutors could apply other California are not yet available to document an increase, the statutes to human trafficking cases, such as laws Commission expects that this problem will worsen as against involuntary servitude, false imprisonment, the economy suffers. or kidnapping, but no statute specifically prohibited trafficking. Even before the pandemic, California had almost no data reflecting the extent of labor trafficking Key to differentiating labor trafficking from other in the state. No agency collects comprehensive serious crimes, such as labor exploitation or data on arrests or prosecutions for the crime. No smuggling, is the means through which the crime is agency was able to tell the Commission how many committed. Labor trafficking involves an action such Californians might be trafficked each year. This as recruiting, harboring, transporting or providing a lack of information only emphasizes the need for person for the purpose of providing labor or services. coordination of the state’s anti-trafficking activities. But trafficking cases must also involve force, fraud or We hope that policymakers will move swiftly to create coercion to deprive the victim of his or her liberty – a a new structure that will gather reliable data, foster component that might or might not be present in a more coordinated statewide response, and treat other crimes. all forms of trafficking equally. Building on its initial research, the Commission anticipates issuing reports Labor trafficking takes several forms, including later on ways to improve detection, investigation, and debt bondage, when an individual is compelled to HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 7 work to repay a real or perceived debt; involuntary Data is not available to precisely determine the servitude, where an individual is trapped in service total fiscal impact of forced labor in California, but and fears some form of retribution if he or she were estimates of unpaid wages alone suggest the costs to leave; domestic servitude, where an individual are significant. The International Labour Organization is forced to live and work in a private residence, estimates approximately $19.6 billion in unpaid sometimes without access to his or her personal legal wages to people forced into labor globally.4 Closer to documents as a means to prevent leaving; and forced home, one study found labor trafficking may cost the child labor where a minor is unable to leave.2 Victims State of Texas approximately $600 million annually may be held against their will, may not be allowed in lost wages from workers in three industries – to leave the premises, or may be housed in a closed agriculture, construction, restaurant/food services.5 or remote location. They may be forced to work in Given the size and diversity of California’s economy, poor conditions for little or no pay, in urban or rural the costs here could be staggering. settings, alongside or within legitimate businesses, behind locked doors or hidden in plain sight. WHO ARE LABOR TRAFFICKERS AND WHO ARE THEIR VICTIMS? Characteristics of Labor Traffickers. Research suggests there is not one “type” of labor trafficker. One study – a review of 122 labor trafficking victims’ records from direct service providers in four sites across the U.S. – found that the ethnicity, immigration status, age, gender, and role (recruiter, employer or direct supervisor, business owner) of traffickers varied by the type of industry in which Source: Paul Chang, Western Regional Anti-Human Trafficking Coordinator, U.S. Department of Labor. October 16, 2019. Personal the exploitation took place. In this review, about half communication with Commission staff. On file. of the perpetrators identified had previously been arrested, and nearly a quarter were associated with Trafficking profits from the vulnerable, and exacts weapons or sexual abuse; very few were associated a cost from victims and their families through loss with drugs or drug trafficking.6 Another study found of freedom, physical and emotional trauma, loss of wages, or forced criminalization. In addition to similar diversity among perpetrators, but suggested these egregious human rights violations, forced that many perpetrators held legitimate jobs, the labor exacts a broader societal cost in terms of majority in service industries such as truck or taxi unpaid income taxes and a lack of contributions driving, home repair, or restaurants.7 to the workers compensation and unemployment Characteristics of Labor Trafficking Victims. insurance systems. It affects the state’s already Similarly, there is not one “type” of labor trafficking impacted criminal justice system and adds to the victim. Preliminary research suggests victims of labor responsibilities of public health and welfare systems. trafficking can include men, women and transgender It unfairly forces legitimate businesses to compete individuals, adults and minors. Some industries against others who don’t play by the rules. And seem to recruit more victims of certain genders. For government’s inability to address these crimes may example, research suggests that victims of domestic contribute to a sense of public uncertainty and distrust.3 servitude are more likely to be women, while victims of forced agricultural labor are more likely to be 8 | LITTLE HOOVER COMMISSION the time allowed on their visa—by the time they escape or are freed.12 A significant number of victims Survivor Stories: Angela from two labor trafficking studies learned about job opportunities through their existing relationships or Angela was a young girl in the Philippines social network (for example, through acquaintances, with aspirations to work in healthcare to friends, family members, or romantic partners).13 support her family. When she was older and seeking work, a friend of a friend told Though even less research on child victims of labor her about an opportunity to become a trafficking is available, some evidence suggests caregiver in the U.S. and helped her enroll in that runaway and homeless youth, as well as foster Taekwondo classes to earn a certificate and children, are particularly vulnerable.14 A study of black belt, and ultimately, obtain a sports human trafficking among homeless youth aged 17 visa to come to the U.S. Upon arrival, she was to 25 in 10 cities, including Los Angeles and Oakland, placed in a licensed nursing home facility. found that eight percent of the youth had been Her employer confiscated her passport and victims of labor trafficking. These transitional age told her that she owed $12,000 and had to youth were forced to work in factories, agriculture, work for 10 years to repay her debt. Angela international drug smuggling, commission-based lived at the facility, working long shifts sales, or domestic servitude. Some also experienced without time off or breaks, and moving her sexual exploitation.15 belongings when inspectors came to visit. Her employer falsified timesheets and obtained Limited Data on the Extent of for her a false social security number and Labor Trafficking in California identification. Angela was unaware of U.S. labor protection laws and believed she was Labor trafficking continues to be a crime that working off her debt. A neighbor who saw is not well understood or recognized.16 There is her regularly walking elderly patients around little authoritative data about the extent of labor the block noticed she never seemed to get trafficking in California and elsewhere. On a global time off and eventually called the F.B.I. Angela scale, research from the International Labour didn’t realize she was a trafficking victim until Organization estimates that of the 20.9 million she connected with other survivors and now forced laborers worldwide, 68 percent are victims she serves as an advocate to raise awareness of forced labor exploitation, primarily in agriculture, about labor trafficking and its impact to construction, domestic work, manufacturing, mining, individuals and the state.9 and utilities. (An additional 22 percent are victims of sexual exploitation and the remaining 10 percent are victims of state-imposed forms of forced labor such men.8 Victims come from a wide range of educational as prisons, or work imposed by military forces.)17 backgrounds, some with little formal education and others with college and graduate degrees.10 Most The U.S. is believed to be one of the top destination labor trafficking victims are at prime working age, countries for human trafficking, and California is between 18 and 40 years old.11 The majority originate one of the nation’s top four destination states.18 from another country and enter the United States Experts note that California is particularly vulnerable legally to perform some kind of temporary work. to human trafficking because of its major harbors, Many victims became unauthorized—overextending airports, coastlines, proximity to international HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 9 borders, large economy and significant immigrant been reported in California. Though most California population.19 The Los Angeles-based Coalition to cases reported to the hotline involve sex trafficking, Abolish Slavery and Trafficking – one of the largest hotline data suggest labor trafficking occurs in service providers for human trafficking victims the state in many forms. Between 2012 and 2019, nationally – reports that nearly half of their clients domestic work, traveling sales crews, peddling or (42 percent) are victims of labor trafficking or labor begging rings, and agricultural work were among and sex trafficking (6 percent). Furthermore, available the top industries for labor trafficking incidents in data from studies in communities across the state California that were reported to the hotline.21 show labor trafficking may be as prevalent, if not Another study, conducted between 2010 and 2011 more so, than sex trafficking in certain locations.20 with funding from the National Institute of Justice, Limited data – from investigations of particular found particularly high rates of trafficking violations industries and victims and survivors themselves – and labor abuses in the construction, janitorial/ demonstrate with certainty that labor trafficking is cleaning, and landscaping industries in San Diego. present in California. The study, which sought to estimate the prevalence of trafficking among unauthorized Spanish-speaking LABOR TRAFFICKING IS PRESENT IN A migrant laborers in San Diego County, estimated VARIETY OF INDUSTRIES ACROSS THE that more than 30 percent of migrant workers in STATE the area, or 38,458 individuals, were victims of labor trafficking. Extrapolating from this data, researchers Data from the National Human Trafficking Hotline estimate there could be as many as 495,293 labor and Polaris BeFree Textline—which only includes trafficking victims among unauthorized immigrants in data about incidents reported—shows that since California.22 2007, more than 9,200 human trafficking cases have Top Industries for Labor Trafficking in California, 2012-2019 Construction Retail/Other Small Business Illicit Activities Health & Beauty Services Restaurants/Food Service Agriculture Begging Rings Peddling Rings Traveling Sales Crews Domestic Work 0 50 100 150 200 250 Cases Reported to the National Human Trafficking Hotline Source: Polaris. National Human Trafficking Hotline and BeFree Textline. California Statistics. Accessed at www.humantraffickinghotline.org/ state/california. 10 | LITTLE HOOVER COMMISSION LABOR TRAFFICKING IS PRESENT IN COMMUNITIES ACROSS THE STATE Labor Trafficking Likely Underrepresented in Data from victim service providers indicates that the Human Trafficking Legal problem is present in communities across California. As many as 7,300 labor trafficking victims sought help Research from one of two human trafficking grant programs Legal research suggests labor trafficking administered by the California Governor’s Office of cases are underrepresented in the criminal Emergency Services between 2015 and 2019.23 These justice system, which has focused on sex cases arise throughout the state. Data from the trafficking, but the civil justice system may be Human Trafficking Victim Assistance Program shows helping to get justice for victims. At the federal a significant level of labor trafficking in counties level, approximately 95 percent of federal across California, including San Francisco, Santa indictments for human trafficking between Clara, Sacramento, Ventura, Los Angeles, Fresno, 2009 and 2017 involved sex trafficking. Alameda, and San Diego.24 Between 2003 and 2018, a similar percentage Service providers caution these figures likely of civil human trafficking cases involved underrepresent the extent of labor trafficking labor trafficking.27 Similar data is not readily survivors in California, in part because of the many available to say how California’s courts have barriers that exist for victims to seek help. Jamie responded to labor trafficking cases, although Beck, president of a San Diego-based nonprofit called researchers at Loyola Marymount University’s “Free to Thrive,” told Commissioners that individuals Loyola Law School in Los Angeles are working may not know they are victims or know where to maintain a database of civil lawsuits to find help, they may fear harm from traffickers brought by labor trafficked plaintiffs, filed or fear deportation, and they may experience in California.28 Research also is not available language barriers or physical isolation. Additionally, to identify labor trafficking cases that might Beck said service providers may lack capacity or have been pursued on a different charge. A have inadequate services to help these individuals database of labor trafficking cases could be themselves or not have established partnerships to helpful for a variety of audiences: prosecutors coordinate with other providers who could help.25 interested in pursuing labor trafficking cases to study successful strategies, investigators WHAT WOULD IT TAKE TO BETTER TRACK to identify hotspots in locations or industries, THE PREVALENCE OF LABOR TRAFFICKING and service providers to target outreach to STATEWIDE? potential victims. California has not invested in a study to understand the extent of human trafficking in our state. At least one other state—Ohio—has tapped Therefore, we do not know how much trafficking researchers to conduct an initial estimate of the occurs, and we lack data necessary to develop a statewide prevalence of human trafficking, with strategic response or measure its effectiveness. a focus on youth victims. Researchers from the (The state’s 2019-20 budget included a $1.5 million University of Cincinnati culled data from select General Fund appropriation to conduct a three-year government agency sources, aggregate reports, study to determine the scope of sex trafficking in and newspapers to estimate the number of known Sacramento County.26) trafficking victims and at-risk individuals across the HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 11 state.29 Conservative estimates identified more than children, and providing services to victims of sex 1,000 known victims and 4,200 at-risk individuals trafficking.34 over a one-year study period. Approximately 13 California, like many other states, is still developing a percent of the individuals were identified as labor systemic and holistic response to human trafficking. trafficking victims, as opposed to sex trafficking “The unfortunate truth is that no jurisdiction in the victims. Researchers noted important limitations U.S. is successfully and comprehensively addressing of the investigation: existing data systems across labor trafficking,” Jean Bruggeman, Executive Director agencies could not produce comprehensive, of Freedom Network USA, told Commissioners. comparable data; data from non-profit organizations She explained that an effective response to human and health care providers was not included, but trafficking requires a broad focus on the systems and if available, could help produce a more complete conditions that put people at risk for trafficking, the picture of who may be vulnerable to trafficking in the traffickers who exploit others, and the supports and state; the estimate did not include hard-to-reach or services available to help those at risk or who have “hidden” populations who have not been identified been harmed.35 as trafficking victims. Researchers recommended creating a secure data repository and developing a uniform reporting system for agencies that serve “The unfortunate truth is vulnerable populations, among other suggestions.30 that no jurisdiction in the The Coalition to Abolish Slavery and Trafficking U.S. is successfully and estimates conducting a similar statewide human comprehensively addressing trafficking prevalence study in California would cost $3 million and take approximately three years to labor trafficking.” - Jean complete.31 The organization notes that the price tag Bruggeman, Executive Director takes into account some of the challenges associated of Freedom Network USA with researching labor trafficking, such as its time consuming nature and the need to build a wide range of trusted partnerships in order to interview Labor trafficking is difficult to identify. This crime potential victims.32 occurs in multiple industries and settings, within households, and sometimes alongside or within California’s Response to Labor legitimate businesses. Victims could include a Trafficking restaurant worker who sleeps in a locked storage facility and is unable to leave the store; field In the years since California lawmakers first laborers whose wages are confiscated to pay back criminalized human trafficking, the state has added their trafficker for food, clothing, and shelter; or a additional statutes to strengthen penalties for homeless individual forced to collect recyclables and traffickers; encourage training to identify traffickers; turn over their profit for fear of violence. The crime strengthen asset forfeiture statutes; require posting becomes harder to identify when victims are moved of human trafficking resources in certain locations; frequently from location to location for short-term and provide victims financial resources, access to or seasonal projects. Labor trafficking also can be education, and other services.33 However, with few difficult to identify if survivors do not come forward. exceptions, these efforts have largely focused on Many victim advocates suggest that foreign-born targeting sex traffickers, protecting sexually exploited 12 | LITTLE HOOVER COMMISSION Survivor Stories: Carmen and Elena Carmen and Elena were living in Tijuana and looking for work when they met a woman from the neighborhood who encouraged them to travel to Fresno. She said she could find them well-paid work for an entire season and provide a place to stay with her family. Entering the U.S. on travel visas, they stayed with the woman and her family in a small apartment for several weeks before they – and several other workers brought to Fresno under similar circumstance – were told to leave. They had no money, no work, no place to stay, and knew no one who could help, but were put in contact with an employer who loaned them money for a place to stay and took their identification documents as collateral. He offered them “piece work,” and told them they would earn $10 an hour. They worked 9 hours a day, 6 days a week, and received pay in cash, but in amounts less than they expected. He charged them for transportation, taxes, and check cashing fees. He began threatening them, insisting they work faster or face pay deductions. He forced them to move again, incurring more debt in the relocation. Carmen wanted to return to Tijuana to see her spouse who had become injured, but initially could not get her documents back – her employer did not trust her to return and repay her debt to him. He relented only after threatening to report her to immigration. A co-worker saved to repay his debt. He tried to quit, but was threatened again with immigration. Carmen, Elena, and their co-worker sought help from the United Farm Workers, who eventually called in police, the F.B.I., and victim service providers to rescue and “extract” five victims. Theirs may be the first successfully prosecuted agricultural labor trafficking case in California.36 survivors may be particularly reluctant to identify between labor trafficking and other crimes and themselves to authorities for fear of deportation or suggest that it may sometimes be misidentified harm to themselves or their families. as another related crime such as smuggling. But they say it is important to prosecute such cases Law enforcement often does not have a strong as trafficking to build precedent, to get maximum role in identifying labor trafficking. In part, experts restitution for victims, and to begin to compile a suggest that this is because law enforcement more accurate account of the prevalence of this traditionally approaches human trafficking through crime. a vice enforcement model where the focus is on fighting prostitution.37 Minimal training on labor Labor trafficking cases also are difficult to trafficking is available for police officers and public prosecute, for many reasons. The cases are often safety dispatchers. The Commission on Peace Officer complicated, and compiling evidence can be time- Standards and Training provides optional specialty consuming and costly. Multiple jurisdictions may training on human trafficking for law enforcement need to share information. Victims may mistrust law officers, though the labor trafficking component enforcement because of their immigration status is minimal; human trafficking is only tangentially or personal history. They may fear retribution from mentioned in mandatory basic training for officers in their trafficker. They may even worry they will be the context of prostitution and domestic violence.38 prosecuted for crimes they were forced to commit Experts also say that there is not always a clear line as part of their trafficking.39 Police and prosecutors HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 13 may be unfamiliar with industries where trafficking (The Commission will further explore the specific occurs, because of this inexperience, cases may be roles and functions of these entities and others dismissed as an “employment problem.”40 Pursuing a as they relate to labor trafficking in a subsequent case may require prosecutors to learn new aspects of report.) the law, such as unemployment compensation fraud, Despite these efforts, California lacks a coordinated tax fraud, workers compensation premium fraud, strategy to combat human trafficking, let alone to or identity theft.41 Finally, once in court, there is little pursue labor trafficking specifically. We have no precedence for successfully proving coercion – an permanent entity to coordinate the state’s overall element of human trafficking – to a jury, particularly fight against human trafficking or to develop if a victim experienced no physical harm. Even if a information-sharing protocols between state prosecutor proves a human trafficking violation, organizations and their local and federal partners. securing the maximum sentence for a crime without Twice since 2007, the Department of Justice led a physical force or violence may be difficult, as temporary statewide coordinating body to investigate evidenced by an agricultural labor trafficking case in and propose cross-agency strategies to address Fresno County where the court chose the lesser in human trafficking. But these bodies disbanded a range of penalties during sentencing specifically after issuing recommendations.43 Legislative efforts because the defendant did not use physical force or to create permanent anti-trafficking task forces violence (See Survivor Stories: Carmen and Elena).42 failed in 2016 and 2019. The first measure died in SEVERAL AGENCIES HAVE A ROLE IN the Legislature and Governor Newsom vetoed the COMBATTING LABOR TRAFFICKING, BUT second.44 CALIFORNIA LACKS A STATEWIDE ANTI- TRAFFICKING STRATEGY OTHER STATES HAVE DESIGNATED ORGANIZATIONS TO COORDINATE Several state departments have responsibility for STATEWIDE ANTI-TRAFFICKING EFFORTS identifying and responding to labor trafficking and helping victims of the crime. In brief, the Department A review of five other states – Colorado, Florida, of Justice and the Department of Fair Employment Minnesota, Ohio, and Washington – found that all and Housing respectively are authorized to pursue largely have focused their anti-human trafficking criminal and civil labor trafficking cases; the California resources to combat sex trafficking, but some are Victim Compensation Board and the California now moving toward creating a response to labor Governor’s Office of Emergency Services provide trafficking. These states face similar challenges assistance to human trafficking victims; the Labor to California: there is little awareness about labor Commissioner registers foreign labor contractors; trafficking, data is extremely limited, and cases and the Department of Industrial Relations are difficult to prosecute. Yet, each has formed investigates labor law violations and leads the something California still lacks: a permanent multi-agency Labor Enforcement Task Force. Other organization dedicated to coordinating statewide departments have responsibility for responding anti-human trafficking policy and programs. (These specifically to sex trafficking, such as the Department efforts are summarized in Appendix A.) of Social Services’ Child Trafficking Response Unit, Most of the states reviewed have used their which administers the state’s Commercially Sexually coordinating efforts to focus primarily on curbing Exploited Children program and funds county child sexual exploitation, particularly of youth, but many welfare and probation agencies to help children at are now using this foundation as a springboard to risk of becoming commercially sexually exploited. 14 | LITTLE HOOVER COMMISSION State Law Defines Many Key Elements of the Colorado Human Trafficking Council Legislative Mission: To bring together leadership from community-based and statewide anti-trafficking efforts, to build and enhance collaboration among communities and counties within the state, to establish and improve comprehensive services for victims and survivors of human trafficking, to assist in the successful prosecution of human traffickers, and to help prevent trafficking in Colorado. Composition: 35 members from across the state, reflective of “urban and rural areas of the state and a balance of expertise, of both governmental and non-governmental, in issues of human trafficking.” Council membership represents a wide range of state agencies, law enforcement and prosecutors, trafficking survivors, regional coalitions, academia, and non-profit organizations. Staff and Funding: In fiscal year 2020, the Council’s budget totaled $1.3 million to support 3 full-time staff and contract with a marketing firm to launch a public awareness campaign: $311,000 in state funding for 2.5 FTEs and administrative costs of running the organization; $217,374 annually through a three-year federal grant for .5 FTEs and statewide training; $813,865 in grant funding entirely dedicated to a new statewide public awareness campaign. Mandates: ◊ Standards for victim services providers ◊ Recommendations for statutory changes ◊ Develop a statewide public awareness campaign ◊ Develop training standards and curricula ◊ Identify best practices for the prevention of human trafficking ◊ Data collection on the incidence of human trafficking and the efforts of law enforcement ◊ Publish an annual report ◊ Research and pursue funding opportunities to fulfill council goals Coordination: The council meets monthly and holds an annual retreat to establish priorities and advisory committees. Advisory committees include the data and research task force, prevention task force, public awareness working group, training standards working group, standards and certification task force, grants work group, underserved populations task force, and labor trafficking task force. Sources: Maria Trujillo, Human Trafficking Program Manager, Colorado Human Trafficking Council. January 30, 2020. Presentation to the Little Hoover Commission Advisory Committee Meeting. Los Angeles, CA. Also, Maria Trujillo. March 4, 2020. Personal communication with Commission staff. Also, Colorado Human Trafficking Council. Council Archives. Accessed March 2, 2020 at https://drive.google.com/drive/ folders/0BwD-P3uff065UW14T1RnMW93c1k. HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 15 learn more about how to combat labor trafficking. told Commission staff. “We developed guides about Washington, Minnesota, and Colorado offer a few trafficking specific to law enforcement, media, child examples: protection, survivors, and they all contain information on both. We’re trying to raise awareness so people Washington lawmakers created the Washington stop thinking about it as a dichotomy rather than one State Task Force Against the Trafficking of Persons in crime.”49 Created in 2017, the state’s labor trafficking 2002, establishing the first statewide anti-trafficking protocol guidelines to help identify and respond to task force in the nation. The task force, which meets child labor trafficking victims include sector-specific several times a year to develop recommendations protocols for law enforcement, prosecutors, health for the Governor and Legislature, works toward care, victim advocates, the child welfare system and several goals: to increase collaboration and others.50 improve statewide efforts, to prevent all forms of human trafficking, and to better respond to all Colorado stands out for its burgeoning efforts to forms of trafficking.45 The overwhelming focus has develop a strategic, statewide campaign to target been on sex trafficking, with a special emphasis labor trafficking. In 2014, lawmakers established a on commercial sexual exploitation of children. Human Trafficking Council within the Department Yet in response to an increased case load in of Public Safety to bring together leadership from labor trafficking survivors, the task force is now community-based and statewide anti-trafficking developing specific recommendations for a statewide organizations, improve collaboration and services response.46 Recent task force recommendations for survivors, and assist in successful prosecution of include developing industry-specific training on human traffickers.51 both labor and sex trafficking, enacting legislation to Although the council was created to cover all allow victims to access state funded food and health forms of trafficking, in practice it was challenging assistance or expunging victims’ criminal records, to focus on labor because the majority of people and developing a statewide services website that involved had more experience with sex trafficking, provides a list of resources for human trafficking Maria Trujillo who staffs the council, said.52 To survivors.47 build capacity, in 2017, the Colorado Human Minnesota’s Statewide Human Trafficking Task Force, Trafficking Council dedicated several of its monthly created within the Department of Health by statute meetings to better understand the populations in 2006, coordinates a multidisciplinary, statewide vulnerable to labor trafficking in Colorado and begin response to human trafficking. The task force strategic planning to improve identification and recently launched an initiative on labor trafficking investigation of these cases.53 To do this strategic and a committee is gathering information to study work, the council formed a labor trafficking task the occurrence of labor trafficking in the state and force to devise strategies to increase protections to identify the individuals and organizations who for populations most vulnerable to labor trafficking, work on the issue.48 Staff say they are working to modify state law to aid prosecution efforts, and raise increase education and awareness about child labor awareness of labor trafficking.54 Between 2018 and trafficking and integrate a response into existing 2019, the labor trafficking task force developed 14 anti-trafficking programs. “We’ve been trying to recommendations, including education for temporary incorporate language of human trafficking – not work visa holders about their rights under state laws, just sex trafficking – as a way to not leave labor as statutory amendments to more clearly define labor an afterthought,” a representative from Minnesota trafficking, and public education strategies to raise 16 | LITTLE HOOVER COMMISSION efforts by a couple of forward-thinking local government leaders demonstrate how it is possible Survivor Stories: Renuka to build a strategic response to better identify and As a young child in India, Renuka worked as a detect labor trafficking. In both Alameda County household servant, but said she was cared for and the City of Los Angeles, the strategy involves by other servants and had freedom to leave maintaining collaborative partnerships among key the house. By age 11, her employers obtained law enforcement agencies, community groups, a visa to bring her to the U.S., seemingly to service providers and victim advocates, as well as pursue a dance scholarship. However, once other types of local governmental regulators, such here, she labored as an indentured servant. as those that inspect businesses or have entry into Prevented from leaving the house – even to homes to do their work, to strategically identify and attend school – she spent her days and nights fight labor trafficking cases. cooking, doing housework, and caring for The Alameda County District Attorney first built a the family and their two children. She found vertical prosecution unit to pursue sex traffickers herself isolated, unable to speak English, in 2005. Modeled on its success, in 2016, District and soon experienced her first panic attack. Attorney Nancy O’Malley created a similar unit Renuka watched American cartoons to to respond to an increase in labor trafficking learn English and began devising her escape complaints. The labor trafficking unit is currently – starting with finding her identification handling 19 pending cases and more are under documents, which her employer had hidden. investigation. In 13 successfully prosecuted cases After finding her passport, Renuka walked the county identified 727 exploited workers and out the front door to a nearby park where more than $8.7 million in restitution. In the last two a woman found her and called the police. years alone, the District Attorney has reviewed 467 With the help of a translator, Renuka was not cases of wage theft, requiring partnership with state made to return to her employer and landed agencies like the Department of Industrial Relations, in a group home where she received help the California Department of Labor Relations, the from social services and immigration. She was Department of Insurance, the Department of Social placed in a loving foster home and eventually Services, and various state licensing agencies.57 adopted by her foster mom. Now, decades later and with the encouragement of her own Under District Attorney O’Malley’s leadership, the daughter, Renuka is beginning to share her office also joined a multi-disciplinary, regional labor survival story.56 trafficking task force to combat human trafficking, Alameda County United Against Human Trafficking. The labor task force comprises 30 individuals awareness of the crime and its impact on victims and from various victim service organizations, legal the community.55 aid, immigrant services, and others, and works to build relationships among those in the community LOCAL GOVERNMENT LEADERS PROVIDE A MODEL FOR ANTI-TRAFFICKING who might encounter exploited workers. Members COORDINATION provide education to community organizations and workers – such as hospital staff, social service Though most regional anti-human trafficking efforts workers, transportation officials – who might continue to focus on fighting sexual exploitation, encounter trafficking victims, as well as outreach HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 17 California’s Regional Human Trafficking Task Forces Still Predominately Focus on Combatting Sex Trafficking, But Are Interested in Pursuing Labor Trafficking With Guidance Seven human trafficking task forces in California – in Contra Costa, Los Angeles, Orange, Riverside, Santa Barbara, Tulare, and Ventura Counties – currently receive funding from the U.S. Department of Justice to build capacity to combat human trafficking. The Department of Justice initiated this grant program to support local law enforcement agencies and personnel who may uncover trafficking situations or victims in their daily operations and create partnerships with victim services to ensure survivors receive help.58 The money currently is awarded in two categories: capacity building and infrastructure development of multidisciplinary task forces or advancing operational effectiveness of existing task forces.59 California’s seven task forces receive approximately $3.5 million annually over the course of the three- year grant period to coordinate around all forms of human trafficking.60 However, the Los Angeles task force is the only one in the nation to have formed a subcommittee dedicated to combatting labor trafficking.61 In conversations with Commission staff, representatives from several of California’s task forces indicated an interest in focusing more work on labor trafficking, but as one task force member said, “knowing where to start would be helpful.” Some task forces, including those in Santa Barbara and Riverside Counties, try to emphasize issues of labor trafficking through outreach and education, but have primarily focused task force efforts on combatting sex trafficking. They say labor trafficking investigations take a lot of time and resources, and require a different sort of investigative approach than the sexual exploitation cases with which they are familiar; it is difficult to prioritize that work when there is a proliferation of reported cases of sexual exploitation. One task force coordinator explained the challenge: “I have one dedicated human trafficking investigator in my county. If he gets a report of a minor being sex trafficked, that moves to the top of the list.” She said, “The civil abatement angle sounds like the only way to tackle [labor trafficking], but it’s labor intensive and we haven’t been able to get at it.” to code enforcement officers, animal control, and In Los Angeles, City Attorney Mike Feuer dedicated a environmental health inspectors, all of whom have team of three full-time staff to identify and prosecute access to places law enforcement may not go without all forms of human trafficking. Created in 2017, the cause. The task force has developed a referral system Sex and Labor Trafficking Unit is empowered to bring to handle potential trafficking cases and meets forward criminal charges against labor traffickers, but regularly to develop best practices in enforcement also files both civil nuisance abatement lawsuits and of labor violations and providing appropriate victims actions against unlawful business practices. These services. types of civil lawsuits can yield large civil penalties and provide restitution for workers. 18 | LITTLE HOOVER COMMISSION Beyond their prosecutorial work, the team also on sex trafficking, when available data clearly shows chairs the labor trafficking subcommittee of the Los that labor trafficking is at least equally prevalent in Angeles Regional Human Trafficking Task Force. California.”63 Working through the task force with federal, state, The Commission heard from key stakeholders, and local law enforcement, prosecutors, regulatory all of whom agreed that it is time to refocus and agencies, academics, economists, social and legal strengthen strategies to combat labor trafficking service providers, and private industries, this equally alongside sex trafficking. The economic partnership allows the City Attorney’s team to be uncertainty created by the coronavirus pandemic more strategic in how it pursues labor trafficking. only exacerbates the urgency for action. To raise awareness of the crime, the task force strategically tapped new partners to serve as “eyes and ears” in identifying possible cases. For example, “One of the largest failures in the team has partnered with other city and county the anti-trafficking movement agencies to train various code inspectors (such as building or housing safety inspectors, and restaurant is failing to give equal attention health inspectors) to help spot potential cases. and resources to sex and labor Instead of waiting for victims to come forward for trafficking.” - Kay Buck, CEO of help, the labor trafficking subcommittee also is working to increase capacity for systematic detection the Coalition to Abolish Slavery of vulnerable populations that might be susceptible and Trafficking to labor trafficking. This includes establishing data sharing agreements among service providers and researchers to better understand how and where “The challenges and opportunities for improvement labor trafficking occurs in the Los Angeles region, and lie in every area,” San Diego County District Attorney developing model maps to track the development Summer Stephan told Commissioners. From of a labor trafficking enterprise through the various strengthening identification of victims to working stages of victim recruitment to work placement.62 with federal partners to ensure immigrants traveling to the U.S. have information about human trafficking Building A Comprehensive, and how to seek help, the strategies are plentiful. But Statewide Anti-Trafficking she said a key opportunity is to consolidate efforts Network for California amongst government agencies and law enforcement, so victims are identified early and protected.64 California must build on its successes combatting sex trafficking to develop a cohesive response that “Labor trafficking cases are unique and complex. addresses all forms of human trafficking. “One of Learning to effectively identify, investigate, and the largest failures in the anti-trafficking movement prosecute these cases requires specialized training is failing to give equal attention and resources to and experience. Cases are currently rare,” Jean sex and labor trafficking,” Kay Buck, CEO of the Bruggeman said. She recommended a team with Coalition to Abolish Slavery and Trafficking, told expertise and experience working cases that can Commissioners. “We fail survivors – and efforts support prosecutors and develop best practices for to address human trafficking appropriately and helping survivors. comprehensively in our state – by primarily focusing The Commission will further explore some of these HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 19 specific strategies in subsequent reports, but a ◊ Conduct rigorous research to determine the first step is to collect more information and build a prevalence of human trafficking in California. statewide anti-trafficking network. California must The research could be conducted directly or in develop a mechanism to coordinate the efforts of partnership with academia and should identify all relevant government agencies – at the state and industries and locations in which labor trafficking local level, and with federal partners – and the critical occurs, and which communities are most impacted organizations that work on-the-ground to identify by the crime. victims and help survivors. There must be a hub for ◊ Compile research and establish a central database these leaders to coordinate how California should for human trafficking data that includes both strategically respond to this crime and advise the incidents and prevalence, and the necessary Legislature and the Administration on the funding information sharing protocols and agreements for necessary to successfully combat trafficking. To use of this data. capture efficiencies, specific functions must be ◊ Develop public awareness campaigns to educate coordinated and shared, specifically, data collection, the public about all forms of human trafficking, public education and awareness messaging, with particular attention to highlighting the best practices to assist victims, and strategies to characteristics of labor trafficking and providing fight and prevent this crime. The Commission’s examples in various industries and culturally recommendation seeks to build this critical network. appropriate languages. Recommendation 1: The State should establish the ◊ Develop model training guidelines on victim California Anti-Human Trafficking Council within the identification that are trauma-informed and Governor’s Office to: victim-centered. ◊ Assess California’s capacity to provide trauma- ◊ Build and enhance collaboration among informed services to human trafficking survivors, communities throughout the state and provide identify service gaps. statewide technical assistance and support for anti-trafficking activities. ◊ Measure the efficacy and impact of programs designed to combat trafficking. ◊ Study and improve comprehensive services for victims and survivors of all forms of human ◊ Develop and maintain an up-to-date directory trafficking. of existing resources for survivors of human trafficking. ◊ Assist in the successful prosecution of human traffickers. ◊ Recommend statutory changes necessary to facilitate prosecution of human traffickers and The Council should include representatives of law assist victims. enforcement, health and human services agencies, academia, labor, victim service providers, advocates, ◊ Establish a labor trafficking subcommittee and survivors of all forms of human trafficking. It specifically to compile information on existing should include state and local representatives, and state resources dedicated to combatting labor should reflect the diverse regions and populations of trafficking; develop recommendations to the state. systematically detect labor trafficking using data and other technologies; develop standardized The Council should be provided with adequate screening tools and training curricula for various staffing and meet with sufficient frequency to fulfill industries in which labor trafficking is prevalent; its mission. Specifically, it should: 20 | LITTLE HOOVER COMMISSION develop best practices for local human trafficking task forces to address labor trafficking and assist victims/survivors, and develop legal tools and supports for prosecutors. ◊ Advise the Governor and Legislature on the specific actions, and funding, needed to achieve these tasks and annually report to the legislature a summary of council activities of the previous year. After an appropriate period, the Legislature should conduct a sunset review of the Council and its accomplishments to determine whether it should continue to function as prescribed. GET HELP If you or someone you know is a victim of human trafficking, the National Human Trafficking Hotline can help. Call toll-free at 1-888-373-7888 or text at 233-733 (Be Free). HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 21 Appendix A: How Other States Organize to Combat Human Trafficking Organization Authorization Membership Location Focus Colorado Human Legislation 35 members include state Department All forms of Trafficking and local agencies, law of Public trafficking; (Colorado Council (2014) enforcement associations, Safety burgeoning Revised service providers for labor trafficking Statutes, 18-3- victims of sex and labor programs 505) trafficking, urban and rural social service departments, academia, community members Florida Statewide Legislation 15 members include law Office All forms of Council on enforcement officers, of the trafficking; (Florida Human prosecutors, legislators, Attorney emphasis on Statutes, 16.617) Trafficking (2014) experts in the field of General, Commercial health, education, and social Department sexual services of Legal exploitation Affairs Minnesota Legislation 22 members include four Department All forms of Statewide state agencies, two federal of Health trafficking; (Minnesota Human agencies, county attorneys, burgeoning Statute, Trafficking Task sheriff and police chiefs labor trafficking 299A.78- Force (2006) associations; councils on response 299A.7957) Asian-Pacific Minnesotans and Chicano-Latino affairs, and service providers 22 | LITTLE HOOVER COMMISSION Appendix A: Continued Organization Authorization Membership Location Focus Ohio Human Executive Order 10 cabinet level appointees Department All forms of Trafficking Task including departments of of Public child trafficking; (Executive Order Force (2012) job and family services, Safety burgeoning 2012-06K) agriculture, mental health labor trafficking and addiction services, programs education, Medicaid, youth services, public safety, health, state cosmetology and barber board, governor’s office of health transformation Washington Legislation 38 members include four Department All forms of State Task Force legislators, eight state of trafficking (Revised Code Against the agencies, a human trafficking Commerce of Washington, Trafficking of survivor, representatives 7.68.350) Persons (2002) from 25 organizations HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 23 Notes 1. AB 22, Lieber, Chapter 240, Statutes of 2005. Year Analysis of Labor Trafficking Cases in the United States: Exploring Characteristics and 2. Kamala D. Harris, Attorney General. 2012. The Labor Trafficking Patterns.” State of Human Trafficking in California. Accessed August 26, 2019 at https://oag.ca.gov/sites/all/ 8. Arizona State University. See endnote 7. Also, files/agweb/pdfs/ht/human-trafficking-2012.pdf Colleen Owens. See endnote 6. 3. For additional information see: United Nations 9. Angela Guanzon, Survivor Advocate. November Office on Drugs and Crimes. An Introduction to 21, 2019. Written testimony to the Commission. Human Trafficking: Vulnerability, Impact and 10. Colleen Owens. See endnote 6. Action. New York, 2008. Accessed February 28, 2020 at https://www.unodc.org/documents/ 11. Colleen Owens. See endnote 6. human-trafficking/An_Introduction_to_Human_ Trafficking_-_Background_Paper.pdf. Also, 12. Colleen Owens. See endnote 6. Elizabeth Wheaton, et al. “Economics of Human Trafficking.” International Organization for 13. Arizona State University. See endnote 7. Also, Migration. 2010. Accessed February 28, 2020 at Colleen Owens. See endnote 6. https://www.amherst.edu/media/view/247221/ 14. Katherine Kaufka Walts, Center for the Human original/Economics+of+Human+Trafficking.pdf. Rights of Children, Loyola University Chicago. 4. International Labour Office. 2009. “The Cost of “Child Labor Trafficking in the United States: A Coercion.” Pages 30-32. Accessed February 4, Hidden Crime.” Social Inclusion, 2017, Volume 5, 2020 at https://www.ilo.org/wcmsp5/groups/ Issue 2, Pages 59–68. public/---ed_norm/---relconf/documents/ 15. Laura Murphy. Loyola University New Orleans, meetingdocument/wcms_106230.pdf. Modern Slavery Research Project. 2016. “Labor 5. Noel Busch-Armendariz, et al. Human Trafficking and Sex Trafficking Among Homeless Youth: A by the Numbers: The Initial Benchmark of Ten-City Study Full Report.” Prevalence and Economic Impact for Texas. 16. Jean Bruggeman, Executive Director, Freedom Accessed February 4, 2020 at http://hdl. Network USA. November 21, 2019. Written handle.net/2152/44597. Note: A critique of the testimony to the Commission. methodology for this study is available at https:// humantraffickingcenter.org/jumping-conclusions- 17. International Labour Office. 2014. “Profits and unpacking-human-trafficking-numbers- Poverty: The Economics of Forced Labour.” On methodology/. file. Page 7. 6. Colleen Owens, et al. Urban Institute and 18. Kamala D. Harris. See endnote 2. Northeastern University. October 2014. “Understanding the Organization, Operation, and 19. Coalition to Abolish Slavery and Trafficking. “The Victimization Process of Labor Trafficking in the Issue.” Accessed August 26, 2019 at https://www. United States.” castla.org/human-trafficking/ 7. Arizona State University, Office of Sex Trafficking 20. Kay Buck, CEO and Executive Director, Coalition Intervention Research. February 2018. “A Four to Abolish Slavery and Trafficking. November 21, 24 | LITTLE HOOVER COMMISSION Notes Continued 2019. Written testimony to the Commission. abgt.assembly.ca.gov/files/Updated%20Floor%20 Report%20of%20the%202019-20%20Budget%20 21. National Human Trafficking Hotline. California -%20JUNE%2017%20VERSION.pdf. Statistics. Accessed February 14, 2020. https:// humantraffickinghotline.org/state/california. 27. Kathleen Kim, Professor of Law, Loyola Law School. November 21, 2019. Written testimony to 22. Sheldon X. Zhang, Ph.D. November 2012. the Commission. “Looking for a Hidden Population: Trafficking of Migrant Laborers in San Diego County.” Accessed 28. Kathleen Kim. See endnote 27. Note: The Human August 7, 2019 at https://www.ncjrs.gov/ Trafficking Legal Center, based in Washington, pdffiles1/nij/grants/240223.pdf. D.C., collects data on federal civil labor trafficking cases; Human Trafficking Data, an open-source 23. Gina Buccieri-Harrington, Assistant Director, database, collects data on federally prosecuted Grants Management, California Governor’s criminal human trafficking cases. Office of Emergency Services. May 28, 2020. Written testimony to the Commission. Note: 29. Ohio Human Trafficking Task Force. January CalOES shows that 2,160 labor trafficking victims 2019. Governor’s Ohio Human Trafficking received support through the state-funded Task Force Report. Accessed August 28, Human Trafficking Victim Assistance Program in 2019 at https://humantrafficking.ohio.gov/ program years 2015, 2016, and 2018, and that OhioHumanTraffickingTaskForceReport0119.pdf. 5,207 labor trafficking victims received assistance Also, Valerie Anderson, Principal Investigator, across all programs administered by the University of Cincinnati, et al. February 1, 2019. department that receive federal Victims of Crime Estimating the Prevalence of Human Trafficking Act funds. The department notes that “data may in Ohio. Accessed August 5, 2019 at https:// contain duplicate counts of victims due to the humantrafficking.ohio.gov/links/Ohio_Human_ possibility of a victim receiving services multiple Trafficking_Prevalence_Study_Full_Report.pdf. times from one service provider, or from multiple Note: Many of the sources for government data service providers.” used in this investigation related to minors who had been subject to sexual exploitation. Thus, it 24. Coalition to Abolish Slavery. Demographics of appears minor sex trafficking victims dominated Victims Served by Programs Funded by Cal OES the sample and labor trafficking victims may be Grants. November 2019. On file. underrepresented. 25. Jamie Beck, President and Managing Attorney 30. Valerie Anderson. See endnote 29. of Free to Thrive. November 21, 2019. Written testimony to the Commission. 31. Kay Buck. See endnote 20. 26. California State Budget 2019-20. Department of 32. Coalition to Abolish Slavery and Trafficking. Justice. Page 3. Accessed June 9, 2020 at http:// “A Legacy of Robust Research to Better Assist www.ebudget.ca.gov/2019-20/pdf/Enacted/ California’s Trafficking Victims.” On file. GovernorsBudget/0010/0820.pdf. Also, California 33. Note: California’s human trafficking laws State Assembly. June 17, 2019. Floor Report: include: Victim Assistance: Victims of Trafficking, 2019-20 State Budget. Page 133. Accessed June Domestic Violence, and Other Serious Crimes 9, 2020 at https://abgt.assembly.ca.gov/sites/ HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 25 Notes Continued (Welfare and Institutions Code, §13283); 42. Lynette Gonzales. See endnote 36. Training for Law Enforcement (Penal Code 43. SB 180, Kuehl, Chapter 239, Statutes of 2005. §13519.14); Sexually Exploited Minors, Training Also, Kamala D. Harris. See endnote 2. and Collaboration (Welfare and Institutions Code §18259); Investigative Tools: Definitions of 44. SB 35 (Chang), 2019-2020 Regular Session. Criminal Profiteering Activity, Prosecuting Agency, Organized Crime (Penal Code §186.2); Victim 45. Washington State Legislature. Revised Code of Assistance: Definitions (Welfare and Institutions Washington, Title 7, Section 7.68.350. Washington Code § 18945); Human Trafficking Definition state task force against the trafficking of persons. (Penal Code §236.1); Asset Forfeiture (Penal Accessed December 26, 2019 at https://apps.leg. Code §236.3); Law Enforcement Endorsement wa.gov/rcw/default.aspx?cite=7.68.350. Regulations (Penal Code §236.5); and Access to Civil Action for Damages to Victims of Human 46. Washington State Task Force Against the Trafficking (Civil Code §52.5). Trafficking of Persons. November 13, 2018. Goal Implementation Plan. Accessed December 34. AB 22 (Lieber), Chapter 240, Statutes of 2005. 26, 2019 at https://deptofcommerce.app.box. com/s/ci1zkrwff8h88i9jf6i2988m74h90bco/ 35. Jean Bruggeman. See endnote 16. file/328525586121. 36. Lynette Gonzales, Deputy District Attorney, 47. Washington State Task Force Against the Fresno County District Attorney’s Office. Trafficking of Persons. November 2018. November 11, 2019. Written testimony to the Recommendation matrix Accessed December Commission. 26, 2019 at https://deptofcommerce.app.box. com/s/ci1zkrwff8h88i9jf6i2988m74h90bco/ 37. Kathleen Kim. See endnote 27. Also, Anh Truong, file/369534760761. Supervising Deputy City Attorney, and Rena Shahandeh, Deputy City Attorney, Office of the 48. Minnesota Human Trafficking Task Force. Los Angeles City Attorney. November 14, 2019. “MNHTTF Committees.” Accessed March 2, Written testimony to the Commission. 2020 at https://www.mnhttf.com/site/our-role- purpose/initiatives/. 38. Manny Alvarez, Executive Director, Commission on Peace Officer Standards and Training. 49. Amanda Colegrove and Caroline Palmer, August 30, 2019. Personal communication with Minnesota Department of Health. December 23, Commission staff. 2019. Personal communication with Commission staff. 39. Summer Stephan, District Attorney, San Diego County. November 21, 2019. Written testimony 50. The Advocates for Human Rights. Labor to the Commission. Also, Lynette Gonzales. See Trafficking Protocol Guidelines. Accessed endnote 36. December 26, 2019 at https://www. theadvocatesforhumanrights.org/uploads/labor_ 40. Nancy O’Malley, District Attorney, Alameda trafficking_protocol_guidelines_final.pdf. County. November 21, 2019. Written testimony to the Commission. 51. Colorado House Bill 14-1273. 2014. Accessed December 26, 2019 at https://cdpsdocs.state. 41. Lynette Gonzales. See endnote 36. 26 | LITTLE HOOVER COMMISSION Notes Continued co.us/ovp/Human_Trafficking/ActHB14-1273.pdf. Model (ECM) Task Force to Combat Human Trafficking: Supporting Law Enforcement’s Role.” 52. Maria Trujillo. Human Trafficking Program Accessed March 6, 2020 at https://bja.ojp.gov/ Manager, Colorado Human Trafficking Council. sites/g/files/xyckuh186/files/media/document/ December 3, 2019. Personal communication with BJA-2019-15230.PDF. Commission staff. 60. William Woolf, Director of Human Trafficking 53. Colorado Human Trafficking Council. 2017. Programs, Office of the Assistant Attorney Annual Report. Accessed December 26, 2019 General, U.S. Department of Justice. March 2, at https://cdpsdocs.state.co.us/ovp/Human_ 2020. Personal communication with Commission Trafficking/report/2017-Annual-Report-Full.pdf. staff. 54. Colorado Human Trafficking Council. 2018. 61. Paul Chang, Western Regional Anti-Human Annual Report. Accessed December 26, 2019 Trafficking Coordinator, Wage and Hour Division at https://cdpsdocs.state.co.us/ovp/Human_ of the U.S. Department of Labor. October 17, Trafficking/report/2018-Annual-Report-Online. 2019. Personal communication with Commission pdf. staff. 55. Colorado Human Trafficking Council. January 62. Anh Truong and Rena Shahandeh. See endnote 2020. “Recommendations for Addressing Labor 37. Trafficking.” On file. 63. Kay Buck. See endnote 20. 56. Kristina Davis. November 25, 2017. “Survivor of child labor trafficking profiled in daughter’s 64. Summer Stephan. See endnote 39. documentary.” The San Diego Union Tribune. Also, Kendra Sitton. December 13, 2019. “State agency pushes new focus on labor trafficking.” San Diego Uptown News. Also, Renuka Zellars, Survivor Advocate. November 21, 2019. Testimony to the Commission. 57. Nancy O’Malley. See endnote 40. Also, Nancy O’Malley, District Attorney, Alameda County. October 15, 2019. Personal communication with Commission staff. 58. Bureau of Justice Assistance, U.S. Department of Justice. Anti-Human Trafficking Task Force Initiative. Accessed March 6, 2020 at https://bja. ojp.gov/program/anti-human-trafficking-task- force-initiative/overview. 59. Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. OMB No. 1121-0329. “FY 2019 Enhanced Collaborative HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 27 This page has been intentionally left blank. 28 | LITTLE HOOVER COMMISSION Little Hoover Commission Members CHAIRMAN PEDRO NAVA | Santa Barbara ASM. CHAD MAYES | Yucca Valley Appointed to the Commission by Speaker of the Assembly Appointed to the Commission by Speaker of the Assembly John Pérez in April 2013 and reappointed by Speaker Toni Atkins in September 2015. Elected in November of the Assembly Anthony Rendon in 2017. Government 2014 to represent the 42nd Assembly District. Represents relations advisor. Former State Assemblymember from Beaumont, Hemet, La Quinta, Palm Desert, Palm Springs, 2004 to 2010, civil litigator, deputy district attorney and San Jacinto, Twentynine Palms, Yucaipa, Yucca Valley, and member of the state Coastal Commission. Elected chair of surrounding areas. the Commission in March 2014. SEN. JIM NIELSEN | Gerber VICE CHAIRMAN SEAN VARNER | Riverside Appointed to the Commission by the Senate Rules Appointed to the Commission by Governor Edmund G. Committee in March 2019. Elected in January 2013 to Brown Jr. in April 2016 and reappointed in January 2018. represent the 4th Senate District. Represents Chico, Managing partner at Varner & Brandt LLP where he Oroville, Paradise, Red Bluff, Yuba City, and surrounding practices as a transactional attorney focusing on mergers areas. and acquisitions, finance, real estate, and general counsel work. Elected vice chair of the Commission in March 2017. ASM. BILL QUIRK | Hayward Appointed to the Commission by Speaker of the Assembly DION ARONER | Berkeley Anthony Rendon in 2017. Elected in November 2012 Appointed to the Commission by the Senate Rules to represent the 20th Assembly District. Represents Committee in April 2019. Partner for Aroner, Jewel, Hayward, Union City, Castro Valley, San Lorenzo, Ashland, and Ellis. Former State Assemblymember from 1996 to Cherryland, Fairview, Sunol, and North Fremont. 2002, chief of staff for Assemblymember Tom Bates, social worker for Alameda County, and the first female SEN. RICHARD ROTH | Riverside president of Service Employees International Union 535. Appointed to the Commission by the Senate Rules Committee in February 2013. Elected in November 2012 DAVID BEIER | San Francisco to represent the 31st Senate District. Represents Corona, Appointed to the Commission by Governor Edmund G. Coronita, Eastvale, El Cerrito, Highgrove, Home Gardens, Brown Jr. in June 2014 and reappointed in January 2018. Jurupa Valley, March Air Reserve Base, Mead Valley, Managing director of Bay City Capital. Former senior Moreno Valley, Norco, Perris, and Riverside. officer of Genentech and Amgen, and counsel to the U.S. House of Representatives Committee on the Judiciary. CATHY SCHWAMBERGER | Calistoga Appointed to the Commission by the Senate Rules CYNTHIA BUIZA | Los Angeles Committee in April 2018 and reappointed in January Appointed to the Commission by Speaker of the Assembly 2019. Associate general counsel for State Farm Mutual Anthony Rendon in October 2018. Executive director of Automobile Insurance Company. Former board member the California Immigrant Policy Center. Former policy of the Civil Justice Association of California and the Capital director for the American Civil Liberties Union, San Diego, Political Action Committee. and policy and advocacy director at the Coalition for Humane Immigrant Rights of Los Angeles. JANNA SIDLEY | Los Angeles Appointed to the Commission by Governor Edmund BILL EMMERSON | Redlands G. Brown Jr. in April 2016 and reappointed in February Appointed to the Commission by Governor Edmund G. 2020. General counsel at the Port of Los Angeles since Brown Jr. in December 2018. Former senior vice president 2013. Former deputy city attorney at the Los Angeles City of state relations and advocacy at the California Hospital Attorney’s Office from 2003 to 2013. Association, State Senator from 2010 to 2013, State Assemblymember from 2004 to 2010, and orthodonist. Full biographies are available on the Commission’s website at www.lhc.ca.gov. HUMAN TRAFFICKING: COORDINATING A CALIFORNIA RESPONSE | 29 “DEMOCRACY ITSELF IS A PROCESS OF CHANGE, AND SATISFACTION AND COMPLACENCY ARE ENEMIES OF GOOD GOVERNMENT.” By Governor Edmund G. “Pat” Brown, addressing the inaugural meeting of the Little Hoover Commission, April 24,1962, Sacramento, California Milton Marks Commission on California State Government Organization and Economy www.lhc.ca.gov