PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.24

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.24 Issued Date: Effective Date: Updated Date: SUBJECT: HUMAN TRAFFICKING PLEAC 4.5.1b,d 1. POLICY A. Human trafficking is a multi-billion dollar criminal enterprise worldwide. It is the policy of the Philadelphia Police Department to accurately report and aggressively investigate all reports of human trafficking. The Police Department's goals are to identify and assist the victims of human trafficking and to effectively identify, apprehend, and prosecute those engaged in trafficking offenses, with the help of state and/or federal government. 2. DEFINITION A. A person who knowingly subjects another person to forced labor or services, or recruits, entices, harbors, transports, provides, or obtains by any means another person knowing that the person will be subjected to forced labor or services, or aids, abets, attempts, conspires to do any of the above acts is guilty of a felony known as trafficking in persons for forced labor or services. B. Forced labor or services means any type of labor or services performed or provided by a person rendered through another person's exertion of physical, financial, or other means of control over the person providing the labor or services. C. Types of Human Trafficking: 1. Labor Trafficking a. Occurs when a person is controlled via force or other coercive method into providing labor services for the economic advantage of the trafficker. Manifested in sweat shops, migrant worker sites, service workers, panhandlers and theft rings to name but a few. 2. Debt Bondage a. Similar to labor trafficking in that a financial debt is repaid through forced labor. DIRECTIVE

2 3. Sex Trafficking a. Commercial sexual exploitation of adults as well as children, for the financial gain of the trafficker. Occurs in various forms and venues: street meets, hotels and motels, truck stops, online sites, brothels, massage parlors. Under U.S. and international law, juveniles involved in sex trade are considered victims of trafficking, even if no coercion is present. D. Who are the traffickers? 1. Traffickers are people who control, sell or transport others to be commercially exploited by force, fraud or other coercion; AND those who engage or conspire to use the service of the exploited person. Includes: pimps, family members, gangs, smugglers, people who pay for sex, and others. 2. Traffickers can operate on a small or large scale; from a loosely organized group or gang to a highly organized and sophisticated international network. E. Populations who are at most risk: 1. Runaway children, the homeless, persons who have been physically or sexually abused in the past, refugees, people who come to the U.S. in order to support their family abroad, migrant workers, people with mental health or intellectual disability. 3. FEDERAL LAW A. The Trafficking Victims Protection Act (TVPA) of 2000 (H.R. 3244) describes modern-day slavery or coerced labor as severe forms of trafficking in persons. In turn, severe forms of trafficking in persons is defined as 1. sex trafficking in which a commercial sex act is induced by force, fraud or coercion or in which the person induced to perform such an act is under the age of 18; or 2. 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 subjecting that person to involuntary servitude, peonage, debt bondage or slavery. B. The TVPA of 2000 established that a human trafficking victim has the right to protection and public assistance in the United States. In 2003, the TVPA was reauthorized extending certain public and immigration benefits to victim s family members; enabled victims to bring a civil suit against traffickers and encouraged state and local law enforcement agencies to collaborate in the detection and investigation of human trafficking cases. DIRECTIVE

3 4. PENNSYLVANIA LAW (C.S. 3002) A. A person commits an offense if the person knowingly traffics or knowingly attempts to traffic another person, knowing that the other person will be subjected to forced labor or services. B. An offense shall be graded a felony of the second degree unless the other person is an individual under 18 years of age, in which case it shall be graded as a felony of the first degree. 1. Pennsylvania HB 1112 ( , 911) (2006) a. Includes human trafficking as an element of racketeering and provides for a maximum sentence of life sentence when one commits trafficking while committing rape or kidnapping. C. REQUIRED BY LAW The Commonwealth of Pennsylvania requires that one (1) copy of the Victims Compensation Assistance Program claim form be provided to victims, witnesses, and intervenors who suffer financial, physical, or psychological loss as the result of a criminal act. (Refer to Directive 4.14, Victim/Witness Services and Crime Victims Compensation. (PLEAC (b) & (d)) 5. PROCEDURES A. Patrol Officer Responsibilities: 1. During the course of investigations and during citizen contacts, officers shall be alert to indicators of human trafficking. a. Visible Indicators of Human Trafficking 1) Heavy security at a commercial establishment including barred windows, locked doors, isolated location, electronic surveillance. Women are never seen leaving the premises unless escorted. 2) Victims live at the same premises as the brothel or work site or are driven between quarters and "work" by a guard. For labor trafficking, victims are often prohibited from leaving the work site, which may look like a guarded compound from the outside. 3) Victims are kept under surveillance when taken to a doctor, hospital or clinic for treatment; trafficker may act as a translator. DIRECTIVE

4 4) High foot traffic especially for brothels where there may be trafficked women; indicated often by a stream of men arriving and leaving the premises b. Health Characteristics of a Trafficked Person 1) Malnutrition, dehydration or poor personal hygiene. 2) Sexually transmitted diseases. 3) Signs of rape or sexual abuse. 4) Bruising, broken bones, or other signs of untreated medical problems. 5) Critical illnesses including diabetes, cancer or heart disease. 6) Post-traumatic stress or psychological disorders. c. Other Signs 1) Does not hold their own identity or travel documents. 2) Suffers from verbal or psychological abuse designed to intimidate, degrade and frighten the individual. 3) Has a trafficker or pimp who controls all the money; victim will have very little or no pocket money. 2. If an officer suspects a person is a potential victim of human trafficking, the officer should attempt to interview the suspected victim away from any possible trafficker. If a translator is needed, follow the procedures outlined in Directive 7.7, Limited English Language Proficiency (LEP). It is important to remember that the interviews conducted upon the initial police encounter are time sensitive and this may be the victim s only chance to ask for help. The officer should record as much of the following information as possible. a. Can you leave your job or situation if you want? b. Can you come and go as you please? c. Have you been threatened if you try to leave? d. Have you been physically harmed in any way? e. Have you been sexually or psychologically abused? DIRECTIVE

5 f. What are your working and living conditions? g. What is the pay and conditions of employment? h. Where do you sleep and eat? i. Do you sleep in a bed, on a cot or on the floor? j. Have you ever been deprived of food, water, sleep, or medical care? k. Do you have to ask permission to eat, sleep, or go to the bathroom? l. Are there locks on your doors and windows so you cannot get out? m. Has anyone threatened your family? n. Has your identification or documentation been taken from you? o. Do you have a passport or valid I.D. card? p. Is anyone forcing you to do anything that you do not want to do? 3. Officers shall investigate all suspicions or allegations related to human trafficking violations, and recognize the potential for all investigations to reveal human trafficking related violations. Offenses commonly associated with human trafficking include, but are not limited to the following: a. Forced labor, particularly in construction and service industries. b. Prostitution. c. Child abuse. d. Identity theft. e. Fraudulent identification and immigration documents. f. Money laundering. 4. Officers shall notify a supervisor on all allegations or suspicions of human trafficking. DIRECTIVE

6 B. Patrol Supervisors Responsibilities: 1. Ensure that all reports, allegations or suspicious activity is thoroughly investigated; in confirmed cases, notify a Special Victims Unit supervisor and relate all available information concerning the suspected crime(s). 2. Ensure compliance, when applicable, with the procedures in Directive 4.1, Responsibilities at Crime Scenes. 6. POLICE RADIO RESPONSIBLITIES A. When a caller reports a case of Human Trafficking, Radio personnel shall evaluate and properly prioritizing the call, securing medical assistance, inquiring about a suspect's current location, and obtaining detailed information to identify the suspect. Information about the relationship with the victim, weapon use, and history of violence shall also be obtained. B. The decision as to the priority of the call should be based on the seriousness of the injuries or threatened harm, and whether or not the suspect is on the premises. C. Dispatch pertinent district police personnel. 7. SPECIAL VICTIMS UNIT RESPONSIBLITIES A. The investigation of all actual and suspected incidents of human trafficking will be the responsibility of the Special Victims Unit. B. When contacted by any source, (i.e. Patrol Officer/Supervisor, Detective Division, City Wide Vice Unit, etc.) SVU personnel will respond, and initiate an investigation; where indicated, follow the applicable provisions in Directive 5.2, Federal Bureau of Investigation Jurisdiction. C. Arrest and Prosecution of Human Trafficking cases. Human trafficking investigations can be extremely intensive and cover multiple jurisdictions. In virtually every case, assistance will be required from State and Federal law enforcement and prosecutors. Prosecution may occur under either state or federal law. As in all criminal cases, officers and investigators are responsible for cooperating with prosecuting authorities. Due to the complexity and intensive nature of human trafficking cases, investigations may continue post arrest and until the prosecution phase is complete. D. Special Victim Unit (SVU) Supervisors will ensure that where allegations of human trafficking are founded, the Criminal Intelligence Unit is notified. DIRECTIVE

7 8. VICTIM RIGHTS A. Immigrant victims of human trafficking have specific legal rights under both state and federal law. It is of utmost importance that human trafficking victims are afforded all the rights guaranteed to victims under state and federal law, irrespective of the victim s immigration status. The investigating officer will insure that communication is established with the victim in the victim s native language, utilizing Police Department Authorized Interpreter (PPDAI) as necessary. 1. All officers coming in contact with suspected victims of human trafficking offenses shall treat the victims with care. B. Human trafficking victims may require extensive services related to their immigration status, health, housing, and other needs. The assigned investigator will contact the department s Victim Advocate at the Victim Services Unit who will identify the appropriate referral and support resources. In cases of confirmed human trafficking victims, various non-governmental agencies will be utilized to provide the extensive services required. RELATED PROCEDURES: Directive 4.1, Responsibilities at Crime Scenes Directive 5.2, Federal Bureau of Investigation Jurisdiction Directive 7.7, Limited English Language Proficiency (LEP) BY COMMAND OF THE POLICE COMMISSIONER PLEAC - Conforms to the standards according to the Pennsylvania Law Enforcement Accreditation Commission DIRECTIVE