§ 46a-170 — Trafficking in Persons Council. Membership. Duties. Reports.

Connecticut § 46a-170

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 814f: Trafficking in Persons Council

Text

(a) There is established a Trafficking in Persons Council that shall be within the Commission on Women, Children, Seniors, Equity and Opportunity for administrative purposes only. (b) The council shall consist of the following members: (1) The Chief State's Attorney, or a designee; (2) the Chief Public Defender, or a designee; (3) the Commissioner of Emergency Services and Public Protection, or the commissioner's designee; (4) the Labor Commissioner, or the commissioner's designee; (5) the Commissioner of Social Services, or the commissioner's designee; (6) the Commissioner of Public Health, or the commissioner's designee; (7) the Commissioner of Mental Health and Addiction Services, or the commissioner's designee; (8) the Commissioner of Children and Families, or the commissioner's designee; (9) the Commissioner of Consumer Protection, or the commissioner's designee; (10) the Commissioner of Developmental Services, or the commissioner's designee; (11) the director of the Basic Training Division of the Police Officer Standards and Training Council, or the director's designee; (12) the Child Advocate, or the Child Advocate's designee; (13) the Victim Advocate, or the Victim Advocate's designee; (14) a chairperson of the Commission on Women, Children, Seniors, Equity and Opportunity, or the chairperson's designee; (15) one representative of the Office of Victim Services of the Judicial Branch appointed by the Chief Court Administrator; (16) a municipal police chief appointed by the Connecticut Police Chiefs Association, or a designee; (17) the Commissioner of Education, or the commissioner's designee; (18) an adult victim of trafficking, appointed by the Governor; (19) a judge of the Superior Court, appointed by the Chief Court Administrator; (20) a state's attorney appointed by the Chief State's Attorney; (21) a public defender appointed by the Chief Public Defender; and (22) fifteen public members appointed as follows: The Governor shall appoint three members, one of whom shall represent victims of commercial exploitation of children, one of whom shall represent sex trafficking victims who are children and one of whom shall represent a coalition of children's advocacy centers and multidisciplinary teams that are dedicated to serving child abuse victims and their families, the president pro tempore of the Senate shall appoint two members, one of whom shall represent the Connecticut Alliance to End Sexual Violence and one of whom shall represent an organization that provides civil legal services to low-income individuals, the speaker of the House of Representatives shall appoint two members, one of whom shall represent the Connecticut Coalition Against Domestic Violence and one of whom shall represent the Connecticut Lodging Association, the majority leader of the Senate shall appoint two members, one of whom shall represent an organization that deals with behavioral health needs of women and children and one of whom shall represent the Connecticut Coalition to End Homelessness, the majority leader of the House of Representatives shall appoint two members, one of whom shall represent an organization that advocates on social justice and human rights issues and one of whom shall represent the Connecticut Criminal Defense Lawyers Association, the minority leader of the Senate shall appoint two members, one of whom shall represent the Connecticut Immigrant and Refugee Coalition and one of whom shall represent massage therapists, and the minority leader of the House of Representatives shall appoint two members, one of whom shall represent the Motor Transport Association of Connecticut, Inc. and one of whom shall represent an organization that works with adult victims of trafficking. (c) The chairperson of the Commission on Women, Children, Seniors, Equity and Opportunity, or a designee, shall serve as chairperson of the council. The members of the council shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. (d) The council shall: (1) Hold meetings to provide updates and progress reports, (2) coordinate the collection, analysis and dissemination of data regarding human trafficking, and (3) consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking and prosecute traffickers. The council shall meet at least three times per year. (e) The council may request data and other information from state and local agencies to carry out its duties under this section. (f) (1) The council shall: (A) Develop a list of key indicators that a person is a victim of trafficking; (B) Develop a standardized curriculum and conduct training for doctors, nurses, pharmacists, pharmacy technicians, emergency medical services personnel, teachers, school counselors, school administrators and personnel from the Department of Children and Families and the Department of Public Health to identify victims of human trafficking, using the list of key indicators developed under subparagraph (A) of this subdivision, and assist such victims; (C) Develop and conduct training for personnel from the Departments of Children and Families and Public Health on methods for identifying children in foster care who may be at risk of becoming victims of trafficking; (D) Collaborate with the gender responsiveness subcommittee of the Juvenile Justice Policy and Oversight Committee pursuant to subsection (u) of section 46b-121n ; and (E) Develop a plan for mental health, support and substance abuse programs for individuals identified as victims of trafficking and those arrested for prostitution in violation of section 53a-82 . The plan shall provide for (i) the diversion of victims of trafficking and prostitution offenders into community-based treatment and support services, including, but not limited to, substance abuse recovery, housing, healthcare, job training, treatment and mental health support, and (ii) after the successful completion of the program, the dismissal of any related criminal charges against the accused. (2) The council shall include such plan and any recommendations for legislation to implement the plan as part of any report submitted pursuant of subsection (h) of this section not later than January 1, 2018. (g) The council shall examine the challenges faced by victims of trafficking who are persons without legal immigration status. The council may recommend services that such persons could benefit from and legislation to provide such services as part of any report submitted pursuant to subsection (h) of this section. (h) Not later than January 1, 2008, and annually thereafter, the council shall submit a report of its activities, including any recommendations for legislation, to the General Assembly in accordance with section 11-4a . (i) For the purposes of this section, “trafficking” means all acts involved in the recruitment, abduction, transport, harboring, transfer, sale or receipt of persons, within national or across international borders, through force, coercion, fraud or deception, to place persons in situations of slavery or slavery-like conditions, forced labor or services, such as forced prostitution or sexual services, domestic servitude, bonded sweatshop labor or other debt bondage. See Sec. 4-38f for definition of “administrative purposes only”.

Legislative History

(P.A. 07-107, S. 1; P.A. 11-51, S. 134; P.A. 13-166, S. 9; P.A. 15-195, S. 2; P.A. 16-71, S. 1; 16-193, S. 36; May Sp. Sess. P.A. 16-3, S. 163; P.A. 17-32, S. 1; P.A. 19-32, S. 12; 19-117, S. 143; P.A. 21-103, S. 1; P.A. 22-37, S. 21; P.A. 23-20, S. 2; P.A. 24-139, S. 3.) History: P.A. 07-107 effective June 11, 2007; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; P.A. 13-166 amended Subsec. (b) to designate existing provisions as Subdiv. (1) and amend same by adding provision re membership of council prior to June 24, 2013, and to add Subdiv. (2) re membership of council on and after June 24, 2013, effective June 24, 2013; P.A. 15-195 deleted former Subsec. (b)(1) re composition of council prior to June 24, 2013, redesignated existing Subsec. (b)(2) as Subsec. (b) and amended same by increasing total number of public members on council from 7 to 9, increasing number of gubernatorial appointees from 1 to 3, including representatives of victims of commercial exploitation of children and sex trafficking victims who are children, and making technical changes; P.A. 16-71 amended Subsec. (b) by adding new Subdiv. (9) re Commissioner of Consumer Protection or designee, adding new Subdiv. (10) re director of Basic Training Division of the Police Officer Standards and Training Council or designee, by redesignating existing Subdivs. (9) to (14) as Subdivs. (11) to (16), and by amending redesignated Subdiv. (16) by replacing 3 with 2 re Governor's appointments, deleting provision re member representing Connecticut Sexual Assault Crisis Services, Inc., replacing “one member” with “two members” re appointments by president pro tempore of the Senate, adding provision re member representing Connecticut Alliance to End Sexual Violence, replacing “one member” with “two members” re appointments by speaker of the House of Representatives and adding provision re member representing Connecticut Lodging Association, and amended Subsec. (d) by deleting former Subdivs. (2) and (3) re identifying criteria, adding new Subdiv. (2) re coordinating collection, analysis and dissemination of data and redesignating existing Subdiv. (4) as Subdiv. (3); P.A. 16-193 amended Subsec. (b)(16) by replacing “nine” with “ten” re public members; May Sp. Sess. P.A. 16-3 amended Subsecs. (a) and (b)(11) by replacing “Permanent Commission on the Status of Women” with “Commission on Women, Children and Seniors” and amended Subsec. (c) by replacing reference to chairperson of Permanent Commission on the Status of Women with reference to chairperson of Commission on Women, Children and Seniors or a designee, effective July 1, 2016; P.A. 17-32 amended Subsec. (b) by adding new Subdiv. (16) re Commissioner of Education or designee, adding Subdiv. (17) re adult victim of trafficking and redesignating existing Subdiv. (16) as Subdiv. (18), added new Subsec. (f) re council's duties, plan and report, added new Subsec. (g) re challenges faced by victims of trafficking without legal immigration status, and redesignated existing Subsecs. (f) and (g) as Subsecs. (h) and (i); P.A. 19-32 made a technical change in Subsec. (b)(13); P.A. 19-117 amended Subsecs. (a), (b)(13) and (c) by replacing “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity” and made technical changes, effective July 1, 2019; P.A. 21-103 amended Subsec. (b) by adding Subdivs. (18) to (20) re appointments of a judge, state's attorney and public defender and redesignating existing Subdiv. (18) as Subdiv. (21) and amended same to increase appointments from 10 to 15 with 1 additional gubernatorial appointment to represent a coalition of children's advocacy centers and multidisciplinary teams, 1 additional appointment from Senate majority leader to represent the Connecticut Coalition to End Homelessness, 1 additional appointment from majority leader of the House of Representatives to represent the Connecticut Criminal Defense Lawyers Association, 1 additional appointment from Senate minority leader to represent massage therapists and 1 additional appointment from minority leader of the House of Representatives to represent an organization that works with adult victims of trafficking, effective July 1, 2021; P.A. 22-37 made a technical change in Subsec. (b)(21); P.A. 23-20 amended Subsec. (b) by adding new Subdiv. (10) re Commissioner of Developmental Services or commissioner's designee and redesignating existing Subdivs. (10) to (21) as Subdivs. (11) to (22), effective July 1, 2023; P.A. 24-139 amended Subsec. (f)(1) by adding new Subpara. (D) re collaboration with the gender responsiveness subcommittee of the Juvenile Justice Policy and Oversight Committee and redesignated existing Subpara. (D) as Subpara. (E), effective June 6, 2024.