2019 Survey of State Attorneys General Offices-Human Tra

Survey of State Attorneys General Offices - Human Trafficking, 2018

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2019 Survey of State Attorneys General Offices - Human Trafficking

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ATTACHMENT 4. REVISED SURVEY

U.S. DEPARTMENT OF JUSTICE
BUREAU OF JUSTICE STATISTICS
2019 SURVEY OF STATE ATTORNEYS GENERAL OFFICES –
HUMAN TRAFFICKING
ENTER THE CONTACT INFORMATION OF THE PERSON FILLING OUT THIS FORM
Name

Title

Address
City

State

Telephone

Zip Code
AG Office

E-mail address
AG Office UID (to be completed by the Urban Institute)
GENERAL INFORMATION
The purpose of this survey is to obtain information regarding your office's enforcement activities involving human
trafficking. The data collected will be used to describe the organization, structure, and responsibilities of state attorney
general offices in response to human trafficking. The information requested involves both criminal and civil enforcement
activities, including investigations, prosecutions, and judicial proceedings, as well as participation in task forces and
policy development. Although this survey is voluntary, we need and appreciate your cooperation to make the results
comprehensive, accurate, and timely.
Please complete the survey by [DATE] and send your completed survey by email to [email protected] or by mailing
it to –
Urban Institute Justice Policy Center
BJS SSAGO-HT Survey
2100 M St NW
Washington, DC, 20037
If you have any questions about the survey or require any assistance, please contact the principal investigators or BJS
project manager –
William Adams, [email protected], 202-261-5506
Yasemin Irvin-Erickson, [email protected], 202-261-5821
Suzanne M. Strong, [email protected], 202-616-3666
Burden Statement
Under the Paperwork Reduction Act (44 U.S.C. § 3501), federal agencies cannot ask you to respond to a collection of
information unless it displays a currently valid OMB Control Number. Public reporting burden for this collection of
information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate, or any other aspects of this collection of information, including suggestions for
reducing this burden, to the Director, Bureau of Justice Statistics, 810 Seventh Street, NW, Washington, DC 20531.

INSTRUCTIONS
1. A case is defined as a set of all charges (or causes of action) filed in court against a single defendant that are handled
by the court as a single incident. A case with three defendants should be recorded as three cases, but a case with one
defendant with multiple charges (or multiple causes of action) should be counted as one case. Some questions ask for
numbers or estimates (e.g., numbers of cases).
2. In this survey, we are interested in both the cases that were “open” and that were “closed” by your office
during calendar year 2018 (January 1, 2018 – December 31, 2018). A case is considered open when your
office is dedicating resources to it or while it is still pending with the court. A case is considered closed when a
court has entered their verdict or final finding in the case. Closed cases include dismissals, acquittals, not guilty
findings, guilty findings, and other deferred dispositions, such as placement on an inactive docket. Civil closed
cases include dismissals, entries of summary judgment, entry of judgment for or against a party, and when the
parties enter into a settlement agreement and the court approves that agreement.
3. The survey asks about cases “handled” by your office, which means cases to which your office dedicates resources
at any point of the process, including investigations, cases in the pre-indictment or pre-civil filing stage, court case
filings, final case dispositions (adjudications and sentencings), and court findings (civil judgments and settlement
agreements).
4. We recognize that it may be necessary to pass the survey to different individuals or units within your office to answer
all of the questions on the survey. You may share the survey, but please designate one person as the contact
person responsible for completing and submitting the survey, as well as for any follow-up questions
regarding the survey once it is completed. If sharing the fillable PDF, do not send the password in the same
email as the fillable PDF. Send the survey in one email and the password in a separate email.

DEFINITIONS
Our definition of human trafficking is based on the Trafficking Victims Protection Act (TVPA) of 2000 (and subsequent reauthorizations) and includes both sex trafficking and labor trafficking, which are defined below. However, we recognize that
individual states may define sex trafficking and labor trafficking and the age of majority differently. If your state’s definition of
trafficking or underage victims differ from the TVPA definitions, please use your state’s definitions (as promulgated in
your state human trafficking laws) while answering the questions in the survey.
1.

2.

=

Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or solicitation of a person for
the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion (22 USC §
7102); or to knowingly recruit, entice, harbor, transport, provide, obtain, or maintain a minor (defined as someone under 18
years of age) knowing or in reckless disregard of the fact that the victim is a minor and would be caused to engage in a
commercial sex act (18 USC § 1591).
o Commercial sex act: any sex act for which anything of value (e.g., money, drugs, food, shelter, rent, etc.) or the
promise of anything of value is given by any person. A third party may or may not be involved.
o Coercion: involves threats of serious harm to or physical restraint against any person; any scheme, plan, or pattern
intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint
against any person; or the abuse or threatened abuse of the legal process. Coercion may include psychological
manipulation, documents confiscation, and shame- and fear-inducing threats to share information or pictures with others
or to report to authorities.
Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or
slavery (22 USC § 7102).
o Involuntary servitude: a condition of servitude induced by means of any scheme, plan, or pattern intended to cause a
person to believe that, if the person did not enter into or continue in such condition, that person or another person would
suffer serious harm/physical restraint; or the abuse/threatened abuse of the legal process.
o Debt bondage: the status or condition of a debtor arising from pledge by debtor of his/her personal services or those of
a person under his or her control as a security for debt, if value of those services as reasonably assessed is not applied
toward liquidation of the debt or the length and nature of those services are not respectively limited and defined.
o Peonage: is a status or condition of involuntary servitude based on real or alleged indebtedness.
o Slavery: is the status of being under the ownership or control of someone where a person is forced to work for another.

SECTION 1. GENERAL OFFICE INFORMATION
In this section, we are going to ask you questions about your office's staffing, training
activities, and participation in educational forums and task forces.
1. How many Assistant/Deputy Attorneys General worked in your office as of December
31, 2018? If you are not able to provide an exact number, provide an estimate and check the
estimate box.
Estimate
☐
2.

If your office has a specialized unit dedicated to handling human trafficking cases,
how many Assistant/Deputy Attorneys General worked in that unit as of December 31,
2018? If you are not able to provide the exact number, provide an estimate and check the
estimate box.
Estimate
☐

3.

Not Applicable (no dedicated human trafficking unit)
☐

Do you have any of the following personnel on staff or have access to them as
consultants? Check Yes, No, or Unknown for each option.
Computer forensics experts
Crime analysts
Victim advocates
Victim service providers
Witness experts

Yes, on staff Yes, as consultant No
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐

4. What is your office’s jurisdictional authority regarding sex trafficking cases? Check
Yes, No, or Unknown for each option.
Jurisdiction for civil cases
Jurisdiction for criminal appeals
Original jurisdiction for criminal cases
Concurrent jurisdiction for criminal cases
Jurisdiction for criminal cases by invitation or
permission of local DAs

Yes
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐

5. What is your office’s jurisdictional authority regarding labor trafficking cases? Check
Yes, No, or Unknown for each option.
Jurisdiction for civil cases
Jurisdiction for criminal appeals
Original jurisdiction for criminal cases
Concurrent jurisdiction for criminal cases
Jurisdiction for criminal cases by invitation or
permission of local DAs

Yes
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐
3

6. In calendar year 2018, did your office participate in any of the following jurisdictional
task forces involving human trafficking? Check Yes, No, or Unknown for each option.
U.S. DOJ Human Trafficking Task Force
FBI Innocence Lost Task Force
Internet Crimes Against Children Task Force
Anti-trafficking coordination teams
Other federal task force
Other joint federal/state task force
Other regional task force
Other state task force

Yes
☐
☐
☐
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐
☐
☐
☐

7. In calendar year 2018, did your staff receive training specifically on human trafficking?
Yes
No
Unknown
☐
☐
☐
8. In calendar year 2018, did your office provide training or educational/awareness
programs regarding human trafficking to any of the following? Check Yes, No, or
Unknown for each option.
Yes
No
Unknown
☐
☐
☐
Businesses
☐
☐
☐
General public (including online trainings)
☐
☐
☐
Judges
☐
☐
☐
Law enforcement
☐
☐
☐
Prosecutors
9. For your office to better handle human trafficking cases, how important are the
following?
Not at all
Slightly
Moderately Very important
important
important
important
Human trafficking prosecutors
☐
☐
☐
☐
Improved civil enforcement
coordination (e.g., with Department
of Labor)
Improved law enforcement
coordination
Victim services advocacy or
provision
Other (please specify below)

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

4

SECTION 2. SEX AND LABOR TRAFFICKING CHARGING PRACTICES
In this section, we want to know more about your state’s human trafficking statutes and
how your office charges sex and labor trafficking cases. Instructions for counting cases: a
case with three defendants should be counted three times, but a case with one defendant
and multiple charges (or causes of action) should be counted as one case.
10. How many criminal and civil human trafficking cases of the following categories were
handled by your office in calendar year 2018? Select the range of cases using the dropdown box for each category. If your office does not have jurisdiction, select No Jurisdiction for
the option. If you are not able to provide a range, select Unknown.
Broad Category

Criminal Cases

Civil Cases

Labor trafficking
Sex trafficking of adults

Choose an item.
Choose an item.

Choose an item.
Choose an item.

Sex trafficking of minors

Choose an item.

Choose an item.

11. Does your state have a specific statute prohibiting labor trafficking?
Yes
☐

No
☐

If No, go to Question 15.

12. What percentage of labor trafficking cases handled by your office in calendar year
2018 were charged only with state labor trafficking statutes? If you are not able to
provide the exact percentage, provide an estimate and check the estimate box.
Estimate
☐

Not Applicable (no labor trafficking cases)
☐

13. What percentage of labor trafficking cases handled by your office in calendar year 2018
were charged with both state labor trafficking statutes and other state statutes? If you
are not able to provide the exact percentage, provide an estimate and check the estimate box.
Estimate
☐

Not Applicable (no labor trafficking cases)
☐

14. What percentage of labor trafficking cases handled by your office in calendar year 2018
were charged only with state statutes other than labor trafficking statutes? If you are not
able to provide the exact percentage, provide an estimate and check the estimate box.
Estimate
☐

Not Applicable (no labor trafficking cases)
☐

5

15. For labor trafficking cases handled by your office in calendar year 2018 that brought
charges other than human trafficking, what other charges were brought? If your office
did not handle any labor trafficking cases in calendar year 2018, please check ‘Not
Applicable.’
Not Applicable (no labor trafficking cases) ☐
Child endangerment
Domestic abuse/assault
Fraud
Kidnapping/child stealing
Labor code wage and hour violation
Money laundering
Purchase/sale of an individual
Sexual abuse
Other charges (please specify below)

Yes
☐
☐
☐
☐
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐
☐
☐
☐
☐

16. Does your state have a specific statute prohibiting sex trafficking?
Yes
☐

No
☐

If No, go to Question 20.

17. What percentage of sex trafficking cases handled by your office in calendar year 2018
were charged only with state sex trafficking statutes? If you are not able to provide the
exact percentage, provide an estimate and check the estimate box.
Estimate
☐

Not Applicable (no sex trafficking cases)
☐

18. What percentage of sex trafficking cases handled by your office in calendar year 2018
were charged with both state sex trafficking statutes and other state statutes? If you are
not able to provide the exact percentage, provide an estimate and check the estimate box.
Estimate
☐

Not Applicable (no sex trafficking cases)
☐

19. What percentage of sex trafficking cases handled by your office in calendar year 2018
were charged only with state statutes other than sex trafficking statutes? If you are not
able to provide the exact percentage, provide an estimate and check the estimate box.
Estimate
☐

Not Applicable (no sex trafficking cases)
☐

6

20. For sex trafficking cases handled by your office in calendar year 2018 that brought
charges other than human trafficking, what other charges were brought? If your office
did not handle any sex trafficking cases in calendar year 2018, please check ‘Not Applicable.’
Not Applicable (no sex trafficking cases) ☐
Child endangerment
Conspiracy
Contributing to the delinquency of a child
Domestic abuse/assault
Fraud
Kidnapping/child stealing
Money laundering
Pandering
Promoting or compelling prostitution/pimping
Purchase/sale of an individual
Sexual abuse
Sexual assault of a minor
Sexual exploitation of a minor
Other charges (please specify below)

Yes
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐

SECTION 3. OFFENDERS AND VICTIMS OF HUMAN TRAFFICKING
In this section, we want to know about the victims and offenders of human trafficking for
cases handled by your office.
21. Indicate if the types of offenders listed below were among the alleged offenders in
criminal or civil human trafficking cases handled by your office during calendar year
2018. Check Yes, No, or Unknown for each option. If your office did not have any criminal or
civil human trafficking cases in calendar year 2018, please check ‘Not Applicable’ and proceed
to Question 22.
Not Applicable ☐
Individuals
Groups of individuals (including organized
crime)
Businesses (not online, not subcontractors)
Business subcontractors
Online websites or website providers
Other (please specify below)

Yes
☐
☐

No
☐
☐

Unknown
☐
☐

☐
☐
☐
☐

☐
☐
☐
☐

☐
☐
☐
☐

7

21a. Indicate which type of offenders listed below was the most common type of
alleged offenders in criminal or civil human trafficking cases handled by your office
during calendar year 2018. Please check only one answer.
Most common
Individuals
Groups of individuals (including organized
crime)
Businesses (not online, not subcontractors)
Business subcontractors
Online websites or website providers
Other (please specify below)

22. Indicate if the types of victims listed below were among the alleged victims in criminal
or civil human trafficking cases handled in your office during calendar year 2018. Check
Yes, No, or Unknown for each option. If your office did not have any criminal or civil human
trafficking cases in calendar year 2018, please check ‘Not Applicable’ and proceed to
Question 23.
Not Applicable ☐
Adult victims of labor trafficking
Adult victims of sex trafficking
Child victims of labor trafficking
Child victims of sex trafficking

Yes
☐
☐
☐
☐

No
☐
☐
☐
☐

Unknown
☐
☐
☐
☐

22a. Indicate which type of victims listed below was the most common type of alleged
victims in criminal or civil human trafficking cases handled by your office during
calendar year 2018. Please check only one answer.
Most common
Adult victims of labor trafficking
Adult victims of sex trafficking
Child victims of labor trafficking
Child victims of sex trafficking

8

23. What services for victims of labor and sex trafficking are available or can be arranged
through your office? For each service listed below, please check Yes if your office provides
this service or refers victims to other service providers for this service. Please check No if your
office does not provide the service or does not refer victims to providers. Please check
Unknown if you do not know about the provision of the below services.
Counseling
Drug treatment
Housing
Legal services
Other (please specify below)

Yes
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐

9

SECTION 4. SEX AND LABOR TRAFFICKING REFERRALS AND CASES
In this section, we are going to ask about the sources referring cases and how cases are
referred to your office, what you do when you do not open a case, and about how many
cases your office opened and closed in calendar year 2018.
24. Have any of the following sources referred human trafficking matters to your office
during calendar year 2018? “Matters” refer to all criminal and civil matters of concern
brought to the attention of AG offices by any individual or entity, including any government
office. Check Yes, No, or Unknown for each option.
Yes

No

Unknown

Mental health care providers
Other health care providers (including
hospitals and emergency rooms)
LAW ENFORCEMENT & PROSECUTION

☐
☐

☐
☐

☐
☐

Federal Bureau of Investigation
Department of Homeland Security
Department of Labor
Local Police (including Sheriff’s Office)
State Police
District Attorney’s Office
U.S. Attorney’s Office
NONGOVERNMENTAL ORGANIZATIONS
National Center for Missing and Exploited
Children (NCMEC)
Public interest groups
Victim advocates or victim service providers
OTHER SOURCES

☐
☐
☐
☐
☐
☐
☐

☐
☐
☐
☐
☐
☐
☐

☐
☐
☐
☐
☐
☐
☐

☐

☐

☐

☐
☐

☐
☐

☐
☐

National Trafficking Hotline/Polaris Project
Press reports
Private individuals
Schools
Social workers, foster care agency, or foster
care providers
Other (please specify below)

☐
☐
☐
☐
☐

☐
☐
☐
☐
☐

☐
☐
☐
☐
☐

☐

☐

☐

HEALTH CARE

10

25. Did any of the labor trafficking cases (criminal or civil) that were opened by your office
in calendar year 2018 occur within one of the venues listed below? Check Yes, No,
Unknown, or NJ (no jurisdiction) for each offense. If your office did not have any open criminal
or civil labor trafficking cases in calendar year 2018, please check ‘Not Applicable’ and
proceed to Question 26.
Not Applicable (no labor trafficking cases were opened) ☐
Criminal Cases
Venues

Yes

No

Civil Cases

Unknown

NJ

Yes

No

Unknown

NJ

Agricultural work/ field labor

☐ ☐

☐

☐

☐

☐

☐

☐

Carnival work

☐

☐

☐

☐

☐

☐

☐

☐

Commercial cleaning services

☐

☐

☐

☐

☐

☐

☐

☐

Construction

☐

☐

☐

☐

☐

☐

☐

☐

Custodial work

☐

☐

☐

☐

☐

☐

☐

☐

Domestic servitude

☐

☐

☐

☐

☐

☐

☐

☐

Elder care/nursing homes

☐

☐

☐

☐

☐

☐

☐

☐

Factories/manufacturing

☐

☐

☐

☐

☐

☐

☐

☐

Forestry and logging

☐ ☐

☐

☐

☐

☐

☐

☐

Health and beauty services/
nail salons

☐

☐

☐

☐

☐

☐

☐

☐

Hotels/hospitality services

☐

☐

☐

☐

☐

☐

☐

☐

Landscaping

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

☐

Street peddling/ begging

☐

☐

☐

☐

☐

☐

☐

☐

Strip clubs

☐ ☐

☐

☐

☐

☐

☐

☐

Traveling sales crews

☐ ☐

☐

☐

☐

☐

☐

☐

Other (please specify below)

☐ ☐

☐

☐

☐

☐

☐

☐

Restaurants/food services

11

26. Did any of the sex trafficking cases (criminal or civil) that were opened by your office in
calendar year 2018 occur within one of the venues listed below? Check Yes, No,
Unknown, or NJ (no jurisdiction) for each offense. If your office did not have any open criminal
or civil sex trafficking cases in calendar year 2018, please check ‘Not Applicable’ and proceed
to Question 27.
Not Applicable (no sex trafficking cases were opened) ☐
Criminal Cases
Venues

Civil Cases

Yes No

Unknown

NJ

Yes

No

Unknown

NJ

Escort services

☐ ☐

☐

☐

☐

☐

☐

☐

Massage parlors (illicit massage)

☐

☐

☐

☐

☐

☐

☐

☐

Outdoor solicitation/street
prostitution

☐

☐

☐

☐

☐

☐

☐

☐

Residential brothels

☐

☐

☐

☐

☐

☐

☐

☐

Strip clubs

☐

☐

☐

☐

☐

☐

☐

☐

Other (please specify below)

☐ ☐

☐

☐

☐

☐

☐

☐

Instructions for counting cases: a case with three defendants should be counted three
times, but a case with one defendant and multiple charges (or causes of action) should be
counted as one case.
27. In calendar year 2018, how many criminal labor trafficking cases did your office close
through the following methods? If your office does not have jurisdiction, select No
Jurisdiction for each option. If you are not able to provide a range, select Unknown.
Case dismissed
Guilty finding on any charge

Choose an item.
Choose an item.

Not guilty finding on all charges (acquittal)

Choose an item.

Other finding (please specify below)

Choose an item.

12

28. In calendar year 2018, how many criminal sex trafficking cases did your office close
through the following methods? If your office does not have jurisdiction, select No
Jurisdiction for each option. If you are not able to provide a range, select Unknown.
Case Dismissed
Guilty finding on any charge

Choose an item.
Choose an item.

Not guilty on all charges (acquittal)

Choose an item.

Other finding (please specify below)

Choose an item.

29. In calendar year 2018, how many civil labor trafficking cases did your office close
through the following methods? If your office does not have jurisdiction, select No
Jurisdiction for each option. If you are not able to provide a range, select Unknown.
Judgment against the defendant
Judgment for the defendant

Choose an item.
Choose an item.

Case dismissed

Choose an item.

Parties reached a settlement agreement

Choose an item.

Other finding (please specify below)

Choose an item.

30. In calendar year 2018, how many civil sex trafficking cases did your office close
through the following methods? If your office does not have jurisdiction, select No
Jurisdiction for each option. If you are not able to provide a range, select Unknown.
Judgment against the defendant
Judgment for the defendant

Choose an item.
Choose an item.

Case dismissed

Choose an item.

Parties reached a settlement agreement

Choose an item.

Other finding (please specify below)

Choose an item.

13

31. How did your office handle labor trafficking referrals received during calendar year
2018 that were not prosecuted? Check Yes, No, or Unknown for each option. If your office
did not have any labor trafficking referrals in calendar year 2018, please check ‘Not
Applicable’ and proceed to Question 32.
Not Applicable ☐
Referred to law enforcement: state or local
Referred to regulatory agencies: federal
Referred to regulatory agencies: state
Referred to state or local prosecutors
Referred to U.S. Attorney’s Office
Closed after investigation
Closed without investigation or referral

Yes
☐
☐
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐
☐
☐

32. How did your office handle sex trafficking referrals received during calendar year 2018
that were not prosecuted? Check Yes, No, or Unknown for each option. If your office did not
have any sex trafficking referrals in calendar year 2018, please check ‘Not Applicable’ and
proceed to Question 33.
Not Applicable ☐
Referred to law enforcement: state or local
Referred to regulatory agencies: federal
Referred to regulatory agencies: state
Referred to state or local prosecutors
Referred to U.S. Attorney’s Office
Closed after investigation
Closed without investigation or referral

Yes
☐
☐
☐
☐
☐
☐
☐

No
☐
☐
☐
☐
☐
☐
☐

Unknown
☐
☐
☐
☐
☐
☐
☐

33. What are the biggest challenges to successfully prosecuting human trafficking cases in your
jurisdiction?

You have reached the end of this survey. Please do not forget to save your
responses by saving a copy of this PDF.
Thank you for participating in this survey.
14


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AuthorMohr, Edward
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