Implementation Review: California’s Response to Labor Trafficking

Implementation Review: California’s Response to Labor Trafficking Report #278 | February 2024 Milton Marks Commission on California State Government Organization and Economy www.lhc.ca.gov LITTLE HOOVER COMMISSION Dedicated to Promoting Economy Pedro Nava, Chair and Efficiency in California State Anthony Cannella, Vice Chair Government Dion Aroner David Beier The Little Hoover Commission, formally known as the Milton Marks “Little Hoover” Commission on California State Government Asm. Phillip Chen Organization and Economy, is an independent state oversight agency. Gil Garcetti José Atilio Hernández By statute, the Commission is a bipartisan board composed of Jason Johnson five public members appointed by the governor, four public members appointed by the Legislature, two senators and Sen. Dave Min two assemblymembers. Asm. Liz Ortega Janna Sidley In creating the Commission in 1962, the Legislature declared Sen. Scott Wilk its purpose: ...to secure assistance for the Governor and itself in COMMISSION STAFF promoting economy, efficiency and improved services in the transaction of the public business in the various departments, Ethan Rarick, Executive Director agencies and instrumentalities of the executive branch of Tamar Foster, Deputy Executive the state government, and in making the operation of all Director state departments, agencies and instrumentalities, and Krystal Beckham all expenditures of public funds, more directly responsive Daniel Harris-McCoy to the wishes of the people as expressed by their elected Ashley Hurley representatives... Shara McAlister The Commission fulfills this charge by listening to the public, Allie Powell consulting with the experts and conferring with the wise. In the course of its investigations, the Commission typically empanels advisory committees, conducts public hearings and visits government operations in action. Its conclusions are submitted to the Governor and the Legislature for their consideration. Recommendations often take the form 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 COORDINATING LEADERSHIP AROUND ANTI-TRAFFICKING ACTIVITIES...........................................................................................7 EFFORTS TO CREATE AN ANTI-HUMAN TRAFFICKING BODY REMAIN UNREALIZED.....................................................................................................7 UNCOVERING LABOR TRAFFICKING................................................9 PERIODIC TRAINING FOR SOME STATE OFFICIALS AND OTHER FIRST IDENTIFIERS IS AVAILABLE..............................................................................9 THE STATE MUST BUILD ON BURGEONING PUBLIC EDUCATION AND OUTREACH EFFORTS......................................................................................10 CONTINUED NEED TO ENHANCE STATUTORY PROTECTIONS FOR ALL FORMS OF TRAFFICKING...............................................................................13 SUPPORTING SURVIVORS................................................................13 BETTER UNDERSTANDING SURVIVORS’ NEEDS...........................................13 SURVIVORS WOULD BENEFIT FROM MORE INFORMATION ABOUT AVAILABLE SERVICES AND SUPPORTS.........................................................14 BRINGING TRAFFICKERS TO JUSTICE............................................15 STILL NO STATE AGENCY EMPOWERED TO INVESTIGATE LABOR TRAFFICKING..................................................................................................15 CALIFORNIA WOULD BENEFIT ENHANCED AGENCY COLLABORATION AND TRACKING OF ENFORCEMENT ACTIVITIES..........................................17 MORE COULD BE DONE TO TRAIN LAW ENFORCEMENT AND COURT PERSONNEL....................................................................................................18 CONCLUSION.....................................................................................18 APPENDIX...........................................................................................19 NOTES ................................................................................................21 IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 3 Letter from the Chair February 8, 2024 The Honorable Gavin Newsom Governor of California The Honorable Mike McGuire The Honorable Brian Jones President pro Tempore of the Senate Senate Minority Leader and members of the Senate The Honorable Robert Rivas The Honorable James Gallagher Speaker of the Assembly Assembly Minority Leader and members of the Assembly DEAR GOVERNOR AND MEMBERS OF THE LEGISLATURE: In 2019, the Little Hoover Commission began examining California’s response to labor trafficking, a form of human trafficking which involves obtaining labor through the use of force, fraud, or coercion. The Commission released three reports in 2020 detailing steps the state should take to strengthen its repsonse to the issue. This report examines the degree to which the Commission’s past recommendations have been implemented, and any changes in the status of the issue that have increased the importance of the Commission’s recommendations. The Commission found that the need for an organized, comprehensive state response to labor trafficking has only increased in the years since the Commission released its initial reports. California is recognized as a national leader. How we combat labor trafficking will be a model for other states. We have the resources to make a difference - all that’s missing is the resolve. The Commission respectfully submits this work and stands prepared to help you address the issue of labor trafficking in California. Sincerely, Pedro Nava, Chair Little Hoover Commission 4 | LITTLE HOOVER COMMISSION Executive Summary The Commission assessed California’s efforts to the Commission that such an entity would elevate combat labor trafficking in 2020 and produced trafficking as an explicit statewide priority, help them three reports that included recommendations to to implement strategies to identify labor trafficking, strengthen the state’s stance against this horrific share best practices, and access published case law. crime. Together, in these reports, the Commission California must institutionalize its response to human offers recommendations to help California trafficking through the creation of a state-level coordinate its response to human trafficking, detect centralized hub. labor trafficking, help victims, and bring traffickers to Uncovering Labor Trafficking justice. In 2023, the Commission held a public hearing and Combatting labor trafficking within California sought additional input from five state agencies to must begin with effectively detecting this crime— learn about progress made towards implementing its whenever and wherever it occurs. Yet, uncovering recommendations. As part of this follow-up review, labor trafficking can be particularly challenging, the Commission found a growing need for support as few understand the nature of the crime and to of labor trafficking survivors. Yet, barriers—such as the untrained observer, the work itself may appear insufficient resources to identify and prosecute this legitimate. In its report, Labor Trafficking: Strategies to crime—continue to undermine the state’s efforts. Uncover this Hidden Crime, the Commission identified These challenges are exacerbated by gaps in state several strategies to help California better detect and local leadership that hinder continuity of effort in labor trafficking, including through increased worker anti-trafficking work. training, public education and outreach, and equal application of statutory protections to help identify Coordinating Leadership and address all forms of child trafficking. Around Anti-Trafficking In its review, the Commission found some efforts to Activities improve identification of this crime, such as periodic training on labor trafficking for certain public officials In its initial study, the Commission found that and workers, increased public awareness resources, California’s response to human trafficking focuses and legislative attempts to equally address all forms principally on combatting sex trafficking. Additionally, of child human trafficking. While important, these the state lacks a coordinated strategy to target efforts do not meet the scale or scope envisioned human trafficking statewide. In its report, Human by the Commission in its original study. California Trafficking: Coordinating a California Response, the must expand upon this work to have a chance at Commission recommended the creation of an anti- significantly reducing labor trafficking. In this report, human trafficking council to build and enhance the Commission reiterates a few such opportunities, collaboration among communities throughout the including regular and robust support to train public state, study and improve services for survivors of officials to serve as “first identifiers,” expanded both sex and labor trafficking, and assist in the worker training opportunities and informational successful prosecution of human traffickers. campaigns across industry sectors, and statutory amendments to ensure equal protection against all While there have been several legislative attempts forms of trafficking. to create such a coordinating body, none have been successful thus far. Nonetheless, representatives from regional human trafficking task forces told IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 5 California hold traffickers accountable for their Supporting Survivors abuses, including empowering the state labor agency California knows far too little about labor trafficking to investigate possible instances of labor trafficking, survivors, their specific needs, and programs enhancing cross-agency collaboration and data most helpful in restoring their independence and collection efforts, and increasing training among law empowering them to obtain gainful employment. enforcement officials. Services for survivors are offered in a patchwork— Lawmakers attempted to establish labor trafficking which can make it difficult for individuals and their units in either the Department of Industrial advocates to identify help. In its report, Labor Relations—as the Commission recommended—or Trafficking: Strategies to Help Victims and Bring the Civil Rights Department. However, because Traffickers to Justice, the Commission called on the these efforts were unsuccessful, no state agency state to require agencies that provide services to is mandated to investigate labor trafficking in crime victims and other vulnerable Californians to California. Further, the state still lacks a complete track service provision to labor trafficking survivors understanding of what is—and is not—working in so the needs and demographics of this population its efforts to address labor trafficking. To support can be better understood. To help human trafficking this work, the state should enhance agency survivors access needed resources, the Commission collaboration and do a better job tracking the range recommended the state develop a user-friendly of possible labor trafficking enforcement actions online directory that includes all state and local (civil, administrative, and criminal) and studying resources for trafficking victims. case outcomes to identify best practices. Finally, State leaders have made efforts to bolster support while some tools exist to help those in the justice for trafficking survivors and have encouraged the system better understand labor trafficking, more is cultivation of some additional outcomes-based needed to ensure these individuals are adequately reporting of one state program for trafficking prepared to recognize and help victims as well as survivors. Yet, more could be done to encourage prosecute traffickers. To this end, the Commission comprehensive, long-term, objective research to reiterated recommendations for enhanced training better understand the effectiveness of different types opportunities for law enforcement officials and of programs for trafficking survivors and to build an court personnel that detail how to investigate and evidence base for best practices. Additionally, the prosecute cases of labor trafficking under California state still lacks a centralized referral tool to share law. information about the range of services available to human trafficking survivors. Bringing Traffickers to Justice Labor trafficking cases are difficult to pursue for a number of reasons, including that investigations are time-consuming, complex, and resource- intensive, and survivors often are reluctant to come forward. In its report, Labor Trafficking: Strategies to Help Victims and Bring Traffickers to Justice, the Commission offered recommendations to help 6 | LITTLE HOOVER COMMISSION Introduction Labor trafficking is a form of human trafficking that Coordinating Leadership often is hidden, sometimes in plain sight. It can occur Around Anti-Trafficking within homes or businesses that might otherwise Activities be legitimate, making it challenging to detect. More often, the onus to report is placed on survivors, who, Too little is known about where and how frequently for a variety of reasons—such as fear of deportation labor trafficking occurs in California and those or shame—may be resistant to come forward. who endure this crime. Though all forms of human The Commission issued three reports in the summer trafficking are illegal in California, the Commission and fall of 2020 on strengthening California’s found that the state’s response to human trafficking response to labor trafficking: has principally focused on combatting sex trafficking. The Commission noted in its report, Human ◊ Human Trafficking: Coordinating a California Trafficking: Coordinating a California Response, that Response, (June 2020). no coordinated strategy exists to target trafficking ◊ Labor Trafficking: Strategies to Uncover this Hidden statewide—an oversight that is still missing today. Crime, (September 2020). What is Human Trafficking? ◊ Labor Trafficking: Strategies to Help Victims and Bring Traffickers to Justice, (October 2020). In California, human trafficking, defined in Penal In these reports, the Commission found that Code, Section 236.1, involves an action such as the state’s efforts to combat human trafficking recruiting, harboring, transporting, or providing primarily focused on sex trafficking rather than a person for the purpose of providing labor or labor trafficking. The Commission offered a series services. Trafficking cases must involve force, of recommendations to help the state develop a fraud, or coercion to deprive the victim of their coordinated response to labor trafficking, uncover liberty—a component that might or might not this hidden crime, support survivors, and bring be present in other crimes.2 traffickers to justice. EFFORTS TO CREATE AN ANTI-HUMAN The Commission held a public hearing in September TRAFFICKING BODY REMAIN UNREALIZED 2023 to learn what progress has been made since To strengthen California’s response to all forms of issuing its reports. Experts discussed the ways in human trafficking, the Commission recommended which state and local leaders and advocates have the creation of a statewide Anti-Human Trafficking begun working to improve the state’s response to Council to build and enhance collaboration among labor trafficking—and what work is still needed.1 communities throughout the state, study and Five state departments and agencies also submitted improve services for survivors of both sex and labor testimony to the Commission on progress made trafficking, and assist in the successful prosecution towards the Commission’s recommendations. This of human traffickers. See the box on page 8 for the report presents the Commission’s findings and Commission’s recommendations on the ways in which highlights opportunities for implementation going a statewide anti-human trafficking body could bolster forward. California’s response to this crime. IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 7 Lawmakers introduced legislation in 2022 and 2023 Such an entity would elevate trafficking as an to create a centralized, statewide anti-trafficking explicit statewide priority, help to maximize coordinating body, as recommended by the available resources, allow for the timely sharing of Commission.3 Despite strong legislative support, both information, and eliminate duplicative work, Los bills failed to move out of the Senate or Assembly Angeles Regional Human Trafficking Task Force’s Appropriations Committees.4 Labor Trafficking Subcommittee Co-Chairs Ryann Jorban and Joseph Mellis told the Commission.5 California Still Lacks a Statewide Anti-Trafficking Strategy Regional human trafficking task forces, which have traditionally focused on combatting sex trafficking, In testimony to the Commission, local officials and expressed an interest in expanding the scope of advocates continued to underscore the value a their work to include labor trafficking and said a coordinating body would add to California’s anti- state-level coordinating body could provide critical trafficking efforts. Key Functions of a Statewide Anti-Human Trafficking Task Force The Commission called out key functions that a statewide human trafficking task force should undertake, including to: ◊ Work with academia to conduct identify ◊ Establish a labor trafficking subcommittee specifically to develop: industries and locations in which trafficking occurs. ◊ A compilation of information on existing anti-trafficking state resources. ◊ Compile research and establishing a central database for human trafficking data. ◊ Recommendations to systematically detect labor trafficking using data and ◊ Create holistic human trafficking public other technologies. awareness campaigns. ◊ Develop model training guidelines on victim ◊ Standardized screening tools and training curricula for high-risk industries. identification that are trauma-informed and victim-centered. ◊ Best practices for local human trafficking task forces to address labor trafficking ◊ Assess California’s capacity to provide and assist victims/survivors. trauma-informed services to trafficking survivors and identify service gaps. ◊ Legal tools and supports for prosecutors. ◊ Measure the efficacy and impact of anti- trafficking programs. ◊ Advise the Governor and Legislature on the specific actions, and funding, needed to ◊ Develop and maintain an up-to-date resource achieve these tasks. directory for human trafficking survivors. ◊ Report its work annually to the Legislature. ◊ Recommend statutory changes necessary to facilitate prosecution of human traffickers and assist victims. 8 | LITTLE HOOVER COMMISSION leadership and expertise. For example, members combat labor trafficking and create steep learning of the Santa Barbara Human Trafficking Task curves for individuals looking to step into this field. Force told the Commission that they would benefit “Does everything go away if the personality who from tools to help identify labor trafficking, best cares about [labor trafficking] isn’t there?” Los practices, and published case law—all of which a Angeles County Deputy District Attorney Ryann state anti-trafficking council could provide. The Task Jorban rhetorically asked the Commission.8 Force currently is working on increasing its labor California must institutionalize its response to human trafficking focus through capacity building and a trafficking through the creation of a state-level needs assessment, but so far has faced challenges in centralized hub positioned to provide continuity of identifying and addressing labor trafficking.6 leadership, facilitate information sharing, coordinate If it existed, a statewide body focused on combatting among agencies of different jurisdictions, and ensure human trafficking also would be well-positioned to that survivors across the state have access to the lead studies that investigate where and how this help they need. Failing to do so will continue to place crime occurs. Today, without authoritative data, the burden of California’s response on local agencies California’s understanding of human trafficking and municipalities and in turn will make the state’s continues to be largely based on anecdotal collective response subject to the prevailing, and information and statistics from siloed organizations frequently shifting priorities and varying capacities of all using different definitions and identification these agencies.9 methods to track and measure rates of human Uncovering Labor Trafficking trafficking, Leigh LaChapelle, Associate Director of Survivor Advocacy for the Coalition to Abolish Slavery Combatting labor trafficking within California must and Trafficking (CAST) told the Commission. CAST has begin with effectively detecting this crime—whenever repeatedly called on California to conduct a statewide and wherever it occurs. However, identifying labor human trafficking prevalence study—an action the trafficking can be particularly daunting, as few Commission recommended a California Anti-Human understand the nature of the crime and to the Trafficking Council could accomplish—to improve untrained observer, the work itself may appear service delivery planning, inform policy making, and legitimate. assess outcomes of the state’s efforts. However, the state has yet to provide funding for such an effort.7 In its report, Labor Trafficking: Strategies to Uncover this Hidden Crime, the Commission offered a number Finally, the Commission found gaps in leadership of strategies to help California better detect labor at the local and state level that hinder continuity of trafficking, including through increased training, effort in anti-trafficking work. For example, several public education and outreach, and extended key individuals who had previously led anti-labor statutory protections. trafficking efforts at the state and local levels no longer do so today. Vulnerable to the changes and PERIODIC TRAINING FOR SOME STATE realities of appointments or elected positions, some OFFICIALS AND OTHER FIRST IDENTIFIERS have either left elected office, work under new IS AVAILABLE leadership with different priorities, or have had Many types of government officials, such as labor trafficking removed from their office’s work regulators or code inspectors, have regular access assignments. These gaps make it difficult to pass to places where people live and work and are well- on knowledge or expertise among those working to positioned to spot the indicators of labor trafficking. IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 9 However, few are trained to recognize the signs or forced labor and labor exploitation. These courses respond appropriately. To expand the network of are intended to help first responders and other individuals who can identify instances of potential public safety agencies statewide to identify and labor trafficking, the Commission recommended the assist victims of human trafficking, including labor state:10 trafficking.12 ◊ Ensure that employees who work in agencies or These new training opportunities are important positions that potentially interact with victims and a step in the right direction. However, periodic receive regular training on labor trafficking. trainings by nature do not include the regular and robust support and accompanying policies ◊ Develop policies, procedures, and protocols to and procedures envisioned in the Commission’s track, record, and report suspicious activity. recommendations. These resources are still needed ◊ Create standardized training materials for first today. responders that address both general and industry specific definitions. Training Remains Vital in Detection Efforts Since the Commission’s study, several state The Coalition to Abolish Slavery and Trafficking agencies have enhanced training opportunities for shared that the Commissions’ previous reports investigators and other potential first responders on have contributed to their successful efforts to raise how to recognize and respond to labor trafficking. awareness and address labor trafficking among various state and local governmental organizations.13 For example, the Department of Industrial Relations Yet, both state and local officials continued to (DIR) told the Commission that it has “assumed a lead emphasize the outstanding need to implement the role” in providing training for state officials that may Commission’s recommendation to train investigators encounter this crime. As an example of this effort, in who interact with high-risk populations to recognize 2022, DIR hosted a virtual labor trafficking awareness the warning signs of labor trafficking. With proper training, which featured guidance from the training, these various investigators, non-law Department of Justice on how to look for potential enforcement personnel, and other public officials signs of human trafficking when preforming on-site could be a key source of detection and reporting inspections or communicating with workers. In total, on a range of labor violations, including trafficking, 160 staff attended the event, with participation from as well as a “force multiplier” for combatting labor the State Contractors Licensing Board, Employment exploitation and wage theft.14 It remains particularly Development Department, Department of Tax and critical that regulatory agencies with the authority to Fee Administration, Civil Rights Department, and inspect workplaces and employer-provided housing Agricultural Labor Relations Board. DIR tentatively are “trained, resourced, and given the responsibility plans on holding a similar training in 2024.11 of documenting evidence of labor trafficking when conducting their inspections.”15 Additionally, the Governor’s Office of Emergency Services is developing a suite of trafficking-related THE STATE MUST BUILD ON BURGEONING classes through its specialized training institute, PUBLIC EDUCATION AND OUTREACH including a one-day basic awareness overview, EFFORTS an advanced three-day course on identifying and Much like training for public officials, community investigating human trafficking and responding to education and outreach can increase the number victims’ needs, and a two-day course focused on of eyes and ears attuned to labor trafficking. Thus, 10 | LITTLE HOOVER COMMISSION increased public awareness of this crime could While these efforts are indeed helpful, the state’s help the state identify victims and prevent it from public awareness strategy must expand training occurring in the first place. To strengthen California’s opportunities and informational campaigns across public education efforts, the Commission urged the industry sectors in order to have a chance at state to:16 significantly reducing labor trafficking in California. ◊ Ensure that state-funded anti-trafficking public Proactive Community Outreach Key to Combating awareness campaigns are inclusive of all forms of Labor Trafficking trafficking and are studied for effectiveness. A sustained and robust program of community ◊ Revise existing industry-specific human trafficking outreach is integral to the state’s efforts to root training requirements to encompass both sex and out labor trafficking. In its report, Labor Trafficking: labor trafficking. Strategies to Uncover This Hidden Crime, the ◊ Mandate human trafficking training for employees Commission described opportunities for the state in high-risk industries. Workers must be to leverage data to systematically detect labor knowledgeable about the protections, services, trafficking in high-risk populations or industries and and community support available to them. offered recommendations to proactively conduct The state has begun to increase workforce training direct worker education and outreach in these areas. and public outreach on human trafficking in a number of specific sectors. For instance, the Civil The state’s public awareness Rights Department is in the midst of developing strategy must expand training a free, on-demand training to support hospitality industry workers in an effort to interrupt and prevent opportunities and informational human trafficking in hotels and motels.17 Further, campaigns across industry recently enacted legislation will bolster training for foster families on the signs of child labor trafficking18 sectors in order to have a and will help generate public awareness for patrons chance at significantly reducing of hair, nail salons, and related businesses through labor trafficking in California. requirements to post a notice publicizing human trafficking hotlines.19 Stakeholders again emphasized the importance To boost awareness among workers, the Civil Rights of moving toward a proactive, survivor-focused Department recently developed an informational approach to combatting labor trafficking in brochure to help human trafficking survivors California. For example, Los Angeles Deputy County know their rights. The handout—available in six Counsel Joseph Mellis warned against the state’s languages—includes information on what actions current, “fundamentally passive” approach, in constitute human trafficking based on California’s which the bulk of state resources are centered on laws, emphasizing both labor and sex trafficking law enforcement—which necessitates relying on scenarios, how to identify signs of trafficking, how to responding to crime after it has occurred. Instead, file complaint alleging human trafficking, and the civil he suggested going out into the field and meeting remedies available to survivors.20 various communities where they gather and live their lives—in markets, community centers, and schools— IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 11 Service Data Indicates Increased Service Use Among Human Trafficking Survivors In its study, the Commission found that there is a shortage of authoritative data on the specific needs of labor trafficking survivors in California. However, limited available data appear to indicate that more human trafficking survivors are now reaching out for help: ◊ 441 applications for human (sex and labor) trafficking assistance were received by the Victim Compensation Board in FY 2022-23—up from the average of 170 annual applications that it received in the three years prior to 2020.21 ◊ $7.3 million in wage compensation was awarded to human trafficking victims by the Victim Compensation Board from January 2020 to July 2023.22 ◊ Of those served in FY 2021-22 by the Governor’s Office of Emergency Services human trafficking victim assistance program, 21 percent, were survivors of labor trafficking and nine percent were survivors of both sex and labor trafficking.23 ◊ One in five clients served by the Coalition to Abolish Slavery (CAST) between July 2022 and June 2023, experienced labor trafficking—a 14 percent increase in clients served compared to the prior two years.24 ◊ 28 individuals are on CAST’s waitlist to obtain legal services, such as for visas that provide protection to victims of human trafficking.25 This data is not without limits and likely represents a severe undercount of the number of human trafficking survivors in the state. Those most likely of being abused are those least likely to complain or ask an agency for assistance. When individuals do reach out for help, the agencies that provide services to crime victims do not always inquire about the type of abuse a survivor sustained or specifically note whether an individual was a labor trafficking survivor as opposed to a sex trafficking survivor or a survivor of some other type of crime. Further, not all service providers operate in partnership with the state, and thus are not required to report data about the number of individuals served or the circumstances of their abuse. Even among those who participate in state-funded human trafficking programs, many still do not differentiate between the types of clients’ experiences. Disaggregated data on service provision to labor trafficking survivors would help the state better understand the needs and demographics of this population. Nevertheless, some service providers suggest the state could make better use of available data to begin to understand how best to effectively help labor trafficking survivors—as recommended in the Commission’s report.26 For instance, CAST recommends using data on the number of survivors accessing services and obtaining legal relief—such as from the above programs or civil litigation— in combination with data on labor trafficking arrests and convictions to measure how effectively the state is addressing labor trafficking.27 12 | LITTLE HOOVER COMMISSION would be more effective.28 The Coalition to Abolish part to opposition from the County Welfare Directors Slavery and Trafficking echoed this sentiment, Association over concerns that this reform would encouraging the state to address labor trafficking bring forced labor victims under the jurisdiction of through a human rights framework and public health the juvenile court.30 The Commission continues to approach that is trauma-informed, evidence-based, support enhanced statutory protections for all forms and that is meaningfully centered around a diversity of trafficking as California state leaders further their of survivor voices.29 efforts to combat human trafficking. Amplified by stakeholder perspectives, the Supporting Survivors Commission reiterates its previous recommendations and urges the state to employ these proactive Like survivors of other forms of abuse, labor and survivor-focused strategies in its fight against trafficking survivors would benefit from a range of trafficking. supports. Yet, because the state has not studied the unique service needs of labor trafficking survivors, CONTINUED NEED TO ENHANCE little is known about the specific types of help they STATUTORY PROTECTIONS FOR ALL FORMS need, or which programs are most effective in OF TRAFFICKING serving them. Further, in its report Labor Trafficking: California’s response to human trafficking continues Strategies to Help Victims and Bring Traffickers to Justice, to overwhelmingly prioritize sex trafficking. This the Commission found that services are offered disproportionate emphasis is evident in the state’s in a patchwork with no centralized referral tool— investment, or lack thereof, in anti-labor trafficking which can make it difficult for victim advocates and activities and in programmatic language that does survivors to find help even when it is available. not encompass victims of all forms of trafficking. To prioritize victim services for labor trafficking In Labor Trafficking: Strategies to Uncover this Hidden survivors, the Commission called on the state to Crime, the Commission called on lawmakers to develop a greater understanding of victims and their update existing laws, and ensure that new laws that needs and increase the visibility of support them address human trafficking, equally address all forms access help. of this crime. BETTER UNDERSTANDING SURVIVORS’ For example, the Commission specifically urged the NEEDS state to update the Commercially Sexually Exploited In Labor Trafficking: Strategies to Help Victims and Bring Children (CSEC) program to equally address all forms Traffickers to Justice, the Commission found that far of trafficking. Yet today, California continues to too little is known about labor trafficking survivors, provide unequal statutory protections to child human their specific needs, and programs most helpful in trafficking survivors. CSEC funds county prevention restoring their independence and empowering them and intervention services for children who are, or are to obtain gainful employment. at-risk of becoming, victims of sexual exploitation— but not forced labor. The Commission recommended that the state require agencies that provide services to crime In 2022, legislators proposed expanding the CSEC victims and other vulnerable Californians to track program to include all children who are victims of service provision to labor trafficking survivors so human trafficking, including those who are victims of the needs and demographics of this population can child labor trafficking. However, the bill failed due in IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 13 be better understood. In addition, the Commission term, objective research to better understand the called on the state to research and evaluate the effectiveness of different types of programs for efficacy of service programs, assess the overall trafficking survivors and to build an evidence base for impact of these programs to ensure survivors receive best practices. appropriate care, identify any gaps in service needs. SURVIVORS WOULD BENEFIT FROM MORE INFORMATION ABOUT AVAILABLE SERVICES In the years since the Commission released AND SUPPORTS its reports, state leaders have made efforts to Trafficking survivors can access help through a bolster support for trafficking survivors and have patchwork of services throughout California. State encouraged the cultivation of some additional government offers a number of support services for outcomes-based reporting. trafficking victims—mainly through the Governor’s The California Governor’s Office of Emergency Office of Emergency Services and the California Services (Cal OES) funds community-based Victim Compensation Board. Survivors also may organizations that provide comprehensive services to benefit from other state programs, such as cash sex and labor trafficking victims through its Human assistance for immigrants, or federally-administered Trafficking Victim Assistance Program. The state programs, including CalFresh. Community has increased financial support for this program in organizations too offer their own supports and recent years. Lawmakers augmented the ongoing resources to survivors. $10 million annual allocation for this program with But the Commission found that locating and temporary additional funding, resulting in total accessing this assistance can be challenging for spending between $17 to $27 million each year survivors and their advocates.35 To make it easier between 2021 and 2025.31 The program is also for those to find and access the help they need, supported by $1.6 million in federal funds.32 the Commission urged the state to create an Moreover, Cal OES has taken some steps to online directory that includes all state and local improve how it tracks service provision to survivors. resources for trafficking victims. As envisioned by the Subrecipients of the Human Trafficking Victim Commission, this user-friendly website would:36 Assistance Program grants must now collect, ◊ Include information on the types of programs and evaluate, and report service delivery and outcomes services available to trafficking survivors, as well as data for all human trafficking victims served, how and where to access them. including tracking client safety, well-being, social connectedness, and self-sufficiency.33 Cal OES ◊ Be searchable by location and service, making it also shared that it plans to revise its reporting easier to identify help in all parts of the state. requirements for recipients of grant funding to ◊ Utilize plain language, allowing for better disaggregate data in a way that allows for better comprehension and enabling translation into identification of services labor trafficking victims multiple languages. most use.34 Though the state still lacks a centralized means Despite this progress, subrecipients of this grant to share information about the range of services program only represent a fraction of service available to human trafficking survivors in providers across the state who knowingly or California, the Commission found that individual unknowingly assist labor trafficking survivors. More could be done to encourage comprehensive, long- 14 | LITTLE HOOVER COMMISSION departments are now working to raise awareness at the local level, County District Attorneys and City of the services and supports they offer to human Attorneys also have jurisdiction to pursue these trafficking survivors. For example, the California cases through criminal, civil, or administrative means. Victim Compensation Board is conducting outreach, The Commission found that these cases are difficult providing training to law enforcement officers and to prosecute for a number of reasons, including that others on how to inform victims of the resources investigations are time-consuming, complex, and available to them, participating in events increasing resource-intensive, and survivors often are reluctant awareness of the benefits they provide.37 to come forward. To promote use of its services among human In its report, Labor Trafficking: Strategies to Help trafficking survivors, the Civil Rights Department also Victims and Bring Traffickers to Justice, the Commission is working to boost awareness of its civil enforcement offered several recommendations to hold traffickers authority and develop stakeholder partnerships with accountable for their abuses, including empowering human trafficking experts and organizations.38 the state labor agency to investigate possible instances of labor trafficking; enhancing cross- Many service providers also have shifted their focus agency collaboration and data collection efforts; and to better identify and serve victims of labor trafficking increasing training among enforcement officials. as well as sex trafficking, according to the Governor’s Office of Emergency Services. This includes additional STILL NO STATE AGENCY EMPOWERED TO INVESTIGATE LABOR TRAFFICKING training for victim service advocates and partner Finding instances of potential labor trafficking, organizations like hospitals, co-locating human then effectively investigating and building cases to trafficking caseworkers in locations where survivors successfully prosecute these crimes is challenging. may seek help and developing local multi-disciplinary Detecting labor trafficking can be complicated by teams with expertise in addressing the needs of the fact that government officials often operate labor trafficking survivors.39 in silos. Law enforcement, for instance, is typically Outreach from individual departments and responsible for addressing the criminal aspects providers can play a vital role in ensuring that of trafficking crimes, but these officials are often survivors are able to access help and are aware unfamiliar with the employment context of labor of the benefits available to them. However, as the trafficking and may dismiss potential cases as Commission previously noted, it is crucial that employment problems. Meanwhile, several state survivors understand the wide variety of programs agencies have authority to investigate criminal and services available and how and where to access activities and violations inherent in labor abuses, them. including trafficking crimes. Yet none has a mandate to specifically investigate labor trafficking Bringing Traffickers to Justice complaints.40 In California, traffickers face both criminal and civil To help bring traffickers to justice, the Commission action and administrative sanctions from a variety recommended that the state empower the of local, state, and federal agencies. At the state Department of Industrial Relations (DIR) to lead level, the Department of Justice may pursue criminal efforts to pursue labor trafficking alongside its penalties for these crimes, while the Civil Rights other work to combat the underground economy.41 Department may pursue civil penalties. Similarly, IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 15 Labor Trafficking Prosecutions Remain Rare While hundreds of labor trafficking survivors seek help annually in California, in its report, Labor Trafficking: Strategies to Help Victims and Bring Traffickers to Justice, the Commission noted that on average less than 30 cases are prosecuted throughout the state each year.42 These cases remain rare: Since 2018, the Department of Justice has received at least 39 complaints of potential human trafficking. The majority of these came through as referrals from the Labor Enforcement Task Force, a multi-agency effort led by the Department of Industrial Relations (DIR) to combat the underground economy,43 while 11 were identified by the Department’s regional Human Trafficking- Sexual Apprehension teams. Just one of these cases—a referral from the San Mateo County District Attorney’s Office—has resulted in a successful prosecution thus far.44 The Civil Rights Department also continues to receive few trafficking complaints. Of the 73,909 complaints the department received between 2020 and 2022, just 62 alleged human trafficking. Of these, five were investigated and none were ultimately prosecuted.45 The department noted ongoing challenges due its lack of peace officers or a field enforcement team positioned to identify trafficking cases and its reliance on complaints or referrals from crime victims who may not be aware of how to come forward.46 Local, District, and City Attorneys also are empowered to pursue instances of labor trafficking, but the data about these efforts is not systematically collected making it difficult to know how often—and by what means—they are pursued. For example, the San Diego Human Trafficking Task Force—a multi- agency cooperative effort comprised of state, federal, and local law enforcement officers and victim service providers—has received seven referrals, three of which the San Diego District Attorney’s Office was able to prosecute.47 In San Diego County, the District Attorney’s Office, through its Workplace Justice Unit, is working to target the full spectrum of labor exploitation—from wage theft to labor trafficking.48 With such authority, the department could not only Department and Department of Justice, respectively, identify and respond to potential complaints, but also on potential civil or criminal action.50 take a proactive role in analyzing available data to However, this bill was vetoed by Governor Newsom systematically detect labor trafficking. For example, with a message that the Civil Rights Department “is the Commission envisioned analyzing data from the appropriate state entity to take the lead on this wage and hour violations and worker visa programs effort” as it is “already active in this space and could to identify possible trafficking hotspots among various industries or geographies in the state.49 seamlessly expand its efforts to more aggressively combat labor trafficking provided that it is given In 2022, lawmakers drafted a bill to establish a new resources in the budget.” The Governor also unit within the DIR to investigate labor trafficking noted that the Division of Labor and Standards complaints and coordinate with the Civil Rights Enforcement within DIR, “does not have the authority 16 | LITTLE HOOVER COMMISSION to criminally or civilly prosecute these types of cases the state, so it remains difficult to know how many of nor have the tools and resources necessary to assist these cases are initiated, investigated, and eventually labor trafficking survivors.”51 brought forward across California.54 Similar legislation was reintroduced in 2023: one bill The Commission recommended that the state reiterated the proposal to establish a labor trafficking create standardized means for federal, state, and unit within DIR, and a second proposed establishing local agencies to track labor trafficking referrals or a similar unit within the Civil Rights Department. complaints; share information among jurisdictions; Both were held in either the Senate or Assembly and provide technical assistance to support cases. Appropriations Committees.52 Further, to increase prosecutions and enhance learning from successful cases, the Commission Today, no state agency is equipped with sufficient called on the state to do a better job tracking the resources to investigate the full spectrum of labor range of possible labor trafficking enforcement exploitation in California and local law enforcement actions (civil, administrative, and criminal) and study agencies typically face resource constraints when case outcomes to identify best practices.55 conducting these investigations. The State Labor Commissioner’s Office (a branch within DIR that The lack of relevant data about where and how labor enforces the state’s labor laws and works to combat trafficking occurs, the number of investigations wage theft), for instance, has just two sworn criminal initiated in response to these types of complaints, investigators for the entire state of California. Last and the outcome of these investigations continues to year, the office received 19,000 complaints. If just make it difficult to track labor trafficking enforcement one percent of these were found criminally liable, activities across the state, assess needs, fund each investigator would be responsible for almost programming and focus resources on the most 100 investigations per year from the complaint-based effective processes, Ryann Jorban, Co-Chair of cases alone.53 the Los Angeles Regional Human Trafficking Task Force’s Labor Trafficking Subcommittee, told the By empowering the Department of Industrial Commission. However, this information is vital, she Relations to take a lead role in investigating added, in helping to create realistic expectations, allegations of labor trafficking, the state could help best practices, and meaningful insight into the gather the information necessary for prosecutions effectiveness of various programs to ensure workers and begin to take steps to proactively target worker are paid fairly and treated with dignity.56 outreach efforts in appropriate industries or geographic hotspots. To be effective, it is also critical California must understand what is—and is not— that the department be appropriately resourced to working in its efforts to prosecute labor traffickers. take on this work. But in order to do so, the state must ensure that it is collecting appropriate data and has established the CALIFORNIA WOULD BENEFIT FROM necessary information sharing agreements among ENHANCED AGENCY COLLABORATION AND relevant agencies.57 TRACKING OF ENFORCEMENT ACTIVITIES Labor trafficking investigations are often intricate and can require the expertise of various agencies and special investigators. Yet, there is no mechanism to track labor trafficking enforcement activities across IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 17 MORE COULD BE DONE TO TRAIN LAW state courts—are adequately prepared with the ENFORCEMENT AND COURT PERSONNEL tools necessary to recognize and help victims and In Strategies to Help Victims and Bring Traffickers to prosecute traffickers. Justice, the Commission found that the difficulties Conclusion in detecting labor trafficking, the potential under- reporting of the crime, and the complexities in The need for an organized, comprehensive state proving the crime are major barriers to successful response to trafficking has only increased in the prosecutions. These same barriers persist today, years since the Commission released its initial according to officials with the California Department reports. Some victim service organizations now of Justice.58 report serving an increasing number of clients over the past two years.60 Some tools exist to help court officials better understand human trafficking, the Commission Individuals working diligently in this field shared that learned. However, these typically focus primarily, the Commission’s reports helped shed light on this or entirely, on sex trafficking. Without specialized crime, driving home how much labor exploitation training on labor trafficking, prosecutors and other costs our state in dollars and human potential. Yet, law enforcement officials may not understand how labor trafficking remains an often-hidden crime. other state laws and regulations may impact their case or to explain how and what type of evidence can Lawmakers have made several attempts to build be used to sustain a jury trial conviction. a coordinated, statewide response to trafficking, but none have been successful thus far. Without To help better prepare state law enforcement a systemic means to identify and address labor officials and court personnel to combat labor trafficking, these crimes will continue to fall under trafficking, the Commission called for enhanced the radar, perpetuating abuses against vulnerable training opportunities that detail how to investigate workers. and prosecute cases of labor trafficking under California law. This training, the Commission added, For the health, safety, and well-being of those should include relevant regulations that apply working across the state, California leaders must take to labor trafficking cases in various sectors and a stronger stance in the fight against labor trafficking. industries and case studies that demonstrate how to As recommended in the Commission’s reports, this build successful cases. would entail working to proactively detect this crime wherever it occurs, training workers to know their The Department of Justice told the Commission that rights and resources available to help them, and it provides some training on labor trafficking for pursuing all means to hold traffickers accountable for local agencies seeking to prosecute labor trafficking. their crimes. Moreover, the agency is currently developing a training focused on human trafficking for judges in The Appendix on page 19 includes summarizes of all partnership with the Judicial Council.59 recommendations stemming from the Commission’s three reports on labor trafficking. Together, these In order for California to mount an aggressive provide the state with a foundation for a robust, response to labor trafficking, it remains vital that statewide, anti-human trafficking strategy that those in the justice system—in cities, counties, and equally addresses all forms of this crime. 18 | LITTLE HOOVER COMMISSION Appendix: Legislative Implementation on Commission Labor Trafficking Recommendations61 Recommendations Implementation Passed Legislation Attempted Legislation Status Coordinated Leadership Create an Anti-Human Trafficking No Progress AB 1149 (Grayson): Would have established a Council within the Governor’s Of- statewide task force to examine collaborative fice to study the prevalence of la- models to combat trafficking, evaluate the bor trafficking, coordinate efforts state’s progress on this issue, and provide rec- to fight the crime, and assess the ommendations for further work against human effectiveness of anti-trafficking trafficking. Held in the Assembly Appropriations, efforts. 2023. AB 2553 (Grayson et al.): Would have estab- lished a state-level task force to review collab- orative models between governmental and nongovernmental organizations for protecting victims and survivors of trafficking, among oth- er related duties. Held in Senate Appropriations, 2022. Uncovering Labor Trafficking Train officials most likely to en- No Progress counter labor trafficking to serve as first identifiers. Increase awareness through out- Partially AB 1661 (Davies): reach campaigns and expanded Implemented Requires hair, training opportunities. nail, and related businesses to post a notice publicizing human trafficking helplines. Chapter 106, Statutes of 2022. Study ways to improve enforce- No Progress ment of the Transparency in Supply Chain Act of 2010. Update laws protecting child sex Partially SB 584 (Jones): AB 2628 (Reyes): Would have revised a state trafficking victims to include child Implemented Requires foster program that addresses commercially sexually labor trafficking victims. families to receive exploited children to include all children who training about are victims of human trafficking. Held in Assem- child labor traffick- bly Appropriations, 2022. ing. Chapter 548, Statutes of 2021. Help Victims and Bring Traffickers to Justice Track service provision to labor No Progress trafficking survivors, research and evaluate the efficacy of these programs, and develop and maintain a user-friendly directory of all state and local resources for trafficking survivors. IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 19 Recommendations Implementation Passed Legislation Attempted Legislation Status Help Victims and Bring Traffickers to Justice (continued) Empower more state agencies No Progress AB 380 (Arambula): Would have established a to investigate labor trafficking Labor Trafficking Unit within the Department of crimes. Industrial Relations to receive, investigate, and prosecute complaints alleging labor trafficking and take steps to prevent it. Held in Senate Appro- priations, 2023. AB 235 (Rubio): Would have established a Labor Trafficking Unit within the Civil Rights Department to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking. Held in Assembly Appropriations, 2023. AB 1820 (Arambula): Would have established a state-level unit to investigate and prosecute com- plaints alleging labor trafficking. Vetoed, 2022. Create standardized means for No Progress agencies to track referrals or complaints, share information, and provide technical assistance to cases. Track enforcement activities, No Progress including criminal, civil, and administrative remedies and study outcomes to identify best practices. Ensure officials are adequately No Progress trained to investigate and prose- cute labor trafficking cases. 20 | LITTLE HOOVER COMMISSION Notes 1. Little Hoover Commission. “Report Implementation 11. Katrina S. Hagen, Director, Department of Industrial Rela- Status Hearing.” September 28, 2023. https://www.you- tions. November 15, 2023. Letter to the Commission. tube.com/watch?v=-A8qgNbvIpc. 12. Nancy Ward, Director, California Governor’s Office of 2. Note: For details on the forms and elements of labor Emergency Services. November 28, 2023. Letter to the trafficking, see Little Hoover Commission. “Human Commission. Trafficking: Coordinating a California Response.” Page 7. https://lhc.ca.gov/report/human-trafficking-coordinat- 13. Leigh LaChapelle, Associate Director of Survivor Advo- ing-california-response. cacy. Coalition to Abolish Slavery and Trafficking (CAST). September 28, 2023. Written testimony to the Commis- 3. Little Hoover Commission. June 2020. “Human Traffick- sion. ing: Coordinating a California Response.” 14. Ryann Jorban, Deputy in Charge of the Labor Justice Unit 4. Assembly Bill 2553 (Grayson, 2022) and Assembly Bill and the Economic Justice Unit, Consumer Protection Di- 1149 (Grayson, 2023). vision, Los Angeles County District Attorney’s Office and Co-Chair of Labor Trafficking Subcommittee of the Los 5. Ryann Jorban, Deputy in Charge of the Labor Justice Unit Angeles Regional Human Trafficking Task Force. Septem- and the Economic Justice Unit, Consumer Protection ber 28, 2023. Written testimony to the Commission. Division, Los Angeles County District Attorney’s Office; and Joseph Mellis, Deputy County Counsel, Affirmative 15. Evan Ackiron, Special Assistant Attorney General, Califor- Litigation and Consumer Protection Division, Office of nia Department of Justice. November 17, 2023. Letter to the Los Angeles County Counsel. Both are Co-Chairs of the Commission. Also, Ryann Jorban, Deputy in Charge the Labor Trafficking Subcommittee of the Los Angeles of the Labor Justice Unit and the Economic Justice Unit, Regional Human Trafficking Task Force. September 28, Consumer Protection Division, Los Angeles County Dis- 2023. Written testimony to the Commission. trict Attorney’s Office; and Joseph Mellis, Deputy County Counsel, Affirmative Litigation and Consumer Protection 6. Santa Barbara Human Trafficking Task Force. September Division, Office of the Los Angeles County Counsel. Both 15, 2023. Megan Riker-Rheinschild, Director, Victim Wit- are Co-Chairs of the Labor Trafficking Subcommittee of ness Program, Santa Barbara County District Attorney’s the Los Angeles Regional Human Trafficking Task Force. Office (SBCDA); Tiffany Carty, Supervisor, Victim Witness September 28, 2023. Written testimony to the Commis- Program, SBCDA; Yleana Anda, Project Lead, Victim sion. Witness Program, SBCDA; and Distinguished Professor Emeritus Sociology, University of California, Santa Barba- 16. Little Hoover Commission. “Labor Trafficking: Strategies ra. Conversation with Commission Staff. to Uncover this Hidden Crime.” September 2020. Page 20. https://lhc.ca.gov/report/uncovering-trafficking. 7. Leigh LaChapelle, Associate Director of Survivor Advo- cacy. Coalition to Abolish Slavery and Trafficking (CAST). 17. Mary Wheat, Acting Executive Officer, California Civil September 28, 2023. Written testimony to the Commis- Rights Department. November 1, 2023. Letter to the sion. Commission. 8. Ryann Jorban, Deputy in Charge of the Labor Justice Unit 18. Senate Bill 584 (Jones), Chapter 548, Statutes of 2021. and the Economic Justice Unit, Consumer Protection Di- vision, Los Angeles County District Attorney’s Office and 19. Assembly 1661 (Davies), Chapter 106, Statutes of 2022. Co-Chair of the Labor Trafficking Subcommittee of the 20. California Civil Rights Department. “California Law Los Angeles Regional Human Trafficking Task Force. Ver- Protections You From Human Trafficking.” August 2023. bal Testimony to the Commission. September 28, 2023. https://calcivilrights.ca.gov/wp-content/uploads/ https://www.youtube.com/watch?v=-A8qgNbvIpc. sites/32/2023/12/Human-Trafficking-FAQ-ENG.pdf. 9. Ryann Jorban, Deputy in Charge of the Labor Justice Unit 21. Note: According to the Victim Compensation Board, of and the Economic Justice Unit, Consumer Protection the 2020 applications 48 percent were for sex trafficking, Division, Los Angeles County District Attorney’s Office; 12 percent for labor trafficking, and 40 percent were and Joseph Mellis, Deputy County Counsel, Affirmative undetermined. Source: Lynda Gledhill, Executive Direc- Litigation and Consumer Protection Division, Office of tor, California Victim Compensation Board. November 1, the Los Angeles County Counsel. Both are Co-Chairs of 2023. Letter to the Commission. the Labor Trafficking Subcommittee of the Los Angeles Regional Human Trafficking Task Force. September 28, 22. Note: Per Assembly Bill 629 (Smith, Chapter 575, 2023. Written testimony to the Commission. Statutes of 2019), CalVCB is authorized to award wage compensation ($10,000 per year for a maximum of two 10. Little Hoover Commission. September 2020. “Labor Traf- years) to victims of human trafficking. Source: Lynda ficking: Strategies to Uncover this Hidden Crime.” Page Gledhill, Executive Director, California Victim Compen- 19. https://lhc.ca.gov/report/uncovering-trafficking. sation Board. November 1, 2023. Letter to the Commis- sion. IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 21 23. Note: In fiscal year 2021-22, the human trafficking victim 33. Nancy Ward, Director, California Governor’s Office of assistance program served a total of 5,930 individuals: Emergency Services. November 28, 2023. Letter to the 4,187 sex trafficking survivors (70 percent), 1,233 labor Commission. trafficking survivors (21 percent), and 510 (nine percent) survivors of both sex and labor trafficking. Source: Nancy 34. Nancy Ward, Director, California Governor’s Office of Ward, Director, California Governor’s Office of Emergen- Emergency Services. November 28, 2023. Letter to the cy Services. November 28, 2023. Letter to the Com- Commission. mission. Also, Leigh Bills, Victim Services Branch Chief, 35. Little Hoover Commission. “Labor Trafficking: Strategies California Governor’s Office of Emergency Services. to Help Victims and Bring Traffickers to Justice.” October Communication with Commission staff. 2020. Page 11. https://lhc.ca.gov/sites/lhc.ca.gov/files/ 24. Leigh LaChapelle, Associate Director of Survivor Advo- Reports/252/Report252.pdf. cacy. Coalition to Abolish Slavery and Trafficking (CAST). 36. Little Hoover Commission. “Labor Trafficking: Strategies September 28, 2023. Written testimony to the Commis- to Help Victims and Bring Traffickers to Justice.” October sion. 2020. Page 13. https://lhc.ca.gov/sites/lhc.ca.gov/files/ 25. Leigh LaChapelle, Associate Director of Survivor Advo- Reports/252/Report252.pdf. cacy. Coalition to Abolish Slavery and Trafficking (CAST). 37. Lynda Gledhill, Executive Director, California Victim September 28, 2023. Written testimony to the Commis- Compensation Board. November 1, 2023. Letter to the sion. Commission. 26. Little Hoover Commission. “Labor Trafficking: Strategies 38. Mary Wheat, Acting Executive Officer, Civil Rights De- to Help Victims and Bring Traffickers to Justice.” October partment. November 1, 2023. Letter to the Commission. 2020. Pages 11-13. https://lhc.ca.gov/sites/lhc.ca.gov/ files/Reports/252/Report252.pdf. 39. Nancy Ward, Director, California Governor’s Office of Emergency Services. November 28, 2023. Letter to the 27. Leigh LaChapelle, Associate Director of Survivor Advo- Commission. cacy. Coalition to Abolish Slavery and Trafficking (CAST). September 28, 2023. Written testimony to the Commis- 40. Little Hoover Commission. “Labor Trafficking: Strategies sion. to Help Victims and Bring Traffickers to Justice.” October 2020. Page 15. https://lhc.ca.gov/report/labor-traffick- 28. Joseph Mellis, Deputy County Counsel, Affirmative Liti- ing-strategies-help-victims-and-bring-traffickers-justice. gation and Consumer Protection Division, Office of the Los Angeles County Counsel and Co-Chair of the Labor 41. Little Hoover Commission. “Labor Trafficking: Strategies Trafficking Subcommittee of the Los Angeles Regional to Help Victims and Bring Traffickers to Justice.” Octo- Human Trafficking Task Force. September 28, 2023. Writ- ber 2020. Pages 15 and 17. https://lhc.ca.gov/report/ ten testimony to the Commission. labor-trafficking-strategies-help-victims-and-bring-traf- fickers-justice. 29. Leigh LaChapelle, Associate Director of Survivor Advo- cacy. Coalition to Abolish Slavery and Trafficking (CAST). 42. Little Hoover Commission. “Labor Trafficking: Strategies September 28, 2023. Written testimony to the Commis- to Help Victims and Bring Traffickers to Justice.” October sion. 2020. https://lhc.ca.gov/report/labor-trafficking-strate- gies-help-victims-and-bring-traffickers-justice. 30. Assembly Bill 2628 (Reyes, 2021). 43. Note: The Department of Industrial Relations cited that 31. Note: Total annual General Fund allocations to the the Labor Enforcement Task Force has made 27 referrals Human Trafficking Victim Assistance program: Fiscal Year of potential human trafficking to the Department of Jus- 2020-21: $10 million; FY 2021-22: $20 million; FY 2022- tice. The Department of Justice (DOJ) noted that the De- 23: $20 million; FY 2023-24: $27 million; FY 2024-25 partment of Industrial told them that they have referred (anticipated): $17 million; FY 2025-26 (anticipated): $17 a total 29 complaints concerning labor trafficking to million. Source: California State Budget 2021-22. Page DOJ since 2018. Source: Evan Ackiron, Special Assistant 149. https://ebudget.ca.gov/2021-22/pdf/Enacted/Bud- Attorney General, California Department of Justice. No- getSummary/FullBudgetSummary.pdf. Also, Assembly vember 17, 2023. Letter to the Commission. Also, Katrina Budget Committee. Floor Report of the 2023-24 Budget. S. Hagen, Director, Department of Industrial Relations. October 16, 2023. Page 160. https://abgt.assembly. November 15, 2023. Letter to the Commission. ca.gov/system/files/2023-10/floor-report-of-the-2023- 24-budget_october-16-2023.pdf. 44. Note: In June 2022, the Department of Justice (DOJ) secured a guilty verdict in the case, People v. Gamos, 32. Nancy Ward, Director, California Governor’s Office of which took place in San Mateo County Superior Court. Emergency Services. November 28, 2023. Letter to the Commission. 22 | LITTLE HOOVER COMMISSION One additional case, a referral from the DOJ’s Sacramen- 57. Little Hoover Commission. “Labor Trafficking: Strategies to-based Human Trafficking Sexual Predator Apprehen- to Help Victims and Bring Traffickers to Justice.” October sion Team, may be prosecuted. 2020. Page 23. https://lhc.ca.gov/report/labor-traffick- ing-strategies-help-victims-and-bring-traffickers-justice. 45. Note: By comparison, the department received 31 total human trafficking complaints (out of 56,579 total 58. Evan Ackiron, Special Assistant Attorney General, Califor- received) in 2018 and 2019. Of those, all but three were nia Department of Justice. November 17, 2023. Letter to closed after finding that the facts alleged did not meet the Commission. the elements of human trafficking. Source: Kevin Kish, Director, Civil Rights Department. May 28, 2020. Written 59. Evan Ackiron, Special Assistant Attorney General, Califor- Testimony to the Commission. nia Department of Justice. November 17, 2023. Letter to the Commission. 46. Mary Wheat, Acting Executive Officer, Civil Rights De- partment. November 1, 2023. Letter to the Commission. 60. Leigh LaChapelle, Associate Director of Survivor Advo- cacy. Coalition to Abolish Slavery and Trafficking (CAST). 47. Evan Ackiron, Special Assistant Attorney General, Califor- September 28, 2023. Written testimony to the Commis- nia Department of Justice. November 17, 2023. Letter to sion. the Commission. 61. Note: The Appendix identifies only Commission-support- 48. Summer Stephan, District Attorney, San Diego County. ed legislation that implements, or attempted to imple- Verbal testimony to the Commission. Report Implemen- ment, its recommendations. tation Status Hearing. September 28, 2023. https://www. youtube.com/watch?v=-A8qgNbvIpc. 49. Little Hoover Commission. “Labor Trafficking: Strategies to Uncover this Hidden Crime.” September 2020. Page 19. https://lhc.ca.gov/report/uncovering-trafficking. 50. Assembly Bill 1820 (Arambula, 2022). 51. Office of Governor Gavin Newsom. AB 1820 Veto Mes- sage. September 13, 2022. https://www.gov.ca.gov/ wp-content/uploads/2022/09/AB-1820-VETO-message. pdf. 52. Assembly Bill 380 (Arambula, 2023) and Assembly Bill 235 (Rubio, 2023). 53. Ryann Jorban, Deputy in Charge of the Labor Justice Unit and the Economic Justice Unit, Consumer Protection Division, Los Angeles County District Attorney’s Office and Co-Chair of the Labor Trafficking Subcommittee of the Los Angeles Regional Human Trafficking Task Force. September 28, 2023. Testimony to the Commission. 54. Little Hoover Commission. “Labor Trafficking: Strategies to Help Victims and Bring Traffickers to Justice.” October 2020. https://lhc.ca.gov/report/labor-trafficking-strate- gies-help-victims-and-bring-traffickers-justice. 55. Little Hoover Commission. “Labor Trafficking: Strategies to Help Victims and Bring Traffickers to Justice.” October 2020. Page 24. https://lhc.ca.gov/report/labor-traffick- ing-strategies-help-victims-and-bring-traffickers-justice. 56. Ryann Jorban, Deputy in Charge of the Labor Justice Unit and the Economic Justice Unit, Consumer Protection Di- vision, Los Angeles County District Attorney’s Office and Co-Chair of the Labor Trafficking Subcommittee of the Los Angeles Regional Human Trafficking Task Force. Sep- tember 28, 2023. Written testimony to the Commission. IMPLEMENTATION REVIEW: CALIFORNIA’S RESPONSE TO LABOR TRAFFICKING | 23 Little Hoover Commission Members CHAIRMAN PEDRO NAVA | Santa Barbara JOSÉ ATILIO HERNÁNDEZ | Burbank Appointed to the Commission by Speaker of the Assembly Appointed by Speaker of the Assembly Anthony Rendon John Pérez in April 2013 and reappointed by Speaker in April 2023. Founder and CEO of IDEATE California, a of the Assembly Anthony Rendon in 2017 and again public relations and policy management firm. Also, founder in 2021. Government relations advisor. Former State and Board Chairman of ideateLABS. Former Director for Assemblymember from 2004 to 2010, civil litigator, External Affairs and Community Relations for ConnectEd: deputy district attorney and member of the state Coastal The California Center for College and Career. Commission. Elected chair of the Commission in March 2014. JASON JOHNSON | Napa Appointed by Governor Newsom in June 2023. Member VICE CHAIRMAN ANTHONY CANNELLA | Ceres of the Land Trust of Napa County Board of Trustees and Appointed to the Commission by the Senate Rules Horary Commander of Travis Air Force Base. Former Committee in March 2022. Civil engineer and principal with Managing Partner at Founders Den. Founder and former Northstar Engineering Group. Former State Senator from CEO at August Home Inc. 2010 to 2018. Previously served on the Ceres City Council and was twice elected mayor of that city. Elected Vice Chair SEN. DAVE MIN | Irvine of the Commission in July 2023. Appointed to the Commission by the Senate Rules Committee in September 2021. Elected in November 2020 DION ARONER | Berkeley to represent the 37th Senate District. Represents Anaheim Appointed to the Commission by the Senate Rules Hills, Costa Mesa, Huntington Beach, Irvine, Laguna Beach, Committee in April 2019. Partner for Aroner, Jewel, and Laguna Woods, Lake Forest, Newport Beach, Orange, Ellis. Former State Assemblymember from 1996 to 2002, Tustin, and Villa Park. chief of staff for Assemblymember Tom Bates, social worker for Alameda County, and the first female president ASM. LIZ ORTEGA | San Leandro of Service Employees International Union 535. Appointed to the Commission by Speaker of the Assembly Anthony Rendon in March 2023. Elected in November DAVID BEIER | San Francisco 2022 to represent the 20th Assembly District. Represents Appointed to the Commission by Governor Edmund G. Hayward, San Leandro, most of Union City, portions Brown Jr. in June 2014 and reappointed in January 2018. of Dublin and Pleasanton, and several unincorporated Managing director of Bay City Capital. Former senior officer communities. of Genentech and Amgen, and counsel to the U.S. House of Representatives Committee on the Judiciary. JANNA SIDLEY | Los Angeles Appointed to the Commission by Governor Edmund G. ASM. PHILLIP CHEN | Yorba Linda Brown Jr. in April 2016 and reappointed in February 2020. Appointed to the Commission by Speaker of the Assembly Partner at Ichor Strategies and appointed to the Board Anthony Rendon in October 2021. Elected in November of the Los Angeles City Employee Retirement System 2016 to represent 55th District. Represents portions of Los (“LACERS”). Former general counsel at the Port of Los Angeles, Orange and San Bernardino counties and the Angeles and city attorney at the Los Angeles City Attorney’s cities of Brea, Chino Hills, Diamond Bar, La Habra, Industry, Office. Placentia, Rowland Heights, Walnut, West Covina and Yorba Linda. SEN. SCOTT WILK | Santa Clarita Appointed to the Commission by the Senate Rules GIL GARCETTI | Los Angeles Committee in April 2023. Elected in November 2016 to Appointed to the Commission by Governor Gavin Newsom represent the 21st Senate District. Represents communities in November 2021. Professional photographer and author in the Antelope, Santa Clarita, and Victor Valleys. of ten books. Former Los Angeles County District Attorney, Full biographies are available on the Commission’s teaching Fellow at Harvard University’s Kennedy School, website at www.lhc.ca.gov. and president of the California Science Center Foundation’s Board of Trustees. 24 | LITTLE HOOVER COMMISSION “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