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THE ASSEMBLY STATE OF NEW YORK ALBANY

CHAIRMAN Oversight, Analysis, and Investigations COMMITTEES Energy Health Labor Insurance

ANDREW HEVESI Assemblyman 28th District Queens County

Michael Green Acting Commissioner New York State Division of Criminal Justice Services Alfred E. Smith Building 80 South Swan St. Albany, New York 12210 Kristen M. Proud Commissioner New York State Office of Temporary and Disability Assistance 40 North Pearl Street Albany, New York 12243 October 22, 2013 Dear Commissioners Green and Proud: I am writing to you in your capacity as former co-chairs of the Interagency Task Force on Human Trafficking established in Section 483-ee of the Social Services Law, Chapter 74 of the Laws of New York, 2007 (the law). That law mandates that your task force, under Subdivision (b) fulfill seven specific requirements and under Subdivision (c) to report to the Governor and the Legislature one year from the effective date of the enactment of the law and issue such reports and recommendations as it deems necessary to carry out its duties and responsibilities. In August of 2008 your task force issued the statutorily mandated report, entitled A Report by the Interagency Task Force Implementation of the 2007 law (the report). Since August of 2008, your task force has submitted no additional reports or recommendations to the Legislature nor have we been made aware of any reports or recommendations made to the Governor. As a result, the Legislature has no knowledge of any further action taken by the task force since August of 2008 and can reach only one of two possible conclusions. First, in the context of Subdivision (c) of the enabling statute, the New York State Interagency Task Force on Human Trafficking has deemed it unnecessary to continue to meet its responsibilities mandated by the law.

Second, in the alternative, we must conclude that for the last five years the Task Force has been working to fulfill its mission without issuing reports or recommendations to the Governor and or the Legislature. Your 2008 report explicitly declares that, Human Trafficking is a contemporary form of slavery and a tragic human rights abuse that affects people throughout the globe. (Page 4, the report) In order to work together towards the goal of reducing and eliminating this human rights catastrophe, as Chair of the Oversight, Analysis and Investigations Committee, I request that you answer the following questions by January 15, 2014. 1) Since the Task Force has issued no reports or recommendations to the Legislature since 2008, has your task force deemed it unnecessary to continue to carry out its duties and responsibilities that were specifically delineated in Subdivision (b) of the law? If so, please provide the rationale for that determination. 2) If the Task Force has been functioning and fulfilling all of its statutory responsibilities from its creation in 2007 to its date of repeal on September 1, 2013, then is it not fair to conclude that the Task Force would be able to provide information relevant to all of its statutory requirements? If the answer is Yes, then please provide all information requested in questions 3 through 10. 3) According to Subdivision (b) (1) of the law, the Task Force shall collect and organize data on the nature and collection of trafficking in the state. Please provide copies of such data relevant to that statutory requirement with documented sources from, at a minimum, yourselves and the eight other members of the executive branch who were designated members of your task force by the law. 4) According to Subdivision (b)(2) of the law the Task Force shall identify available federal, state and local programs that provide services to victims of trafficking, including but not limited to case management, housing, health care, mental health counseling, drug addiction screening and treatment, language interpretation and translation services, English language instruction, job training and placement assistance, post-employment services for job retention, and services to assist the individual and any of his or her family members to establish a permanent residence in New York State or the United States. Please provide, in detail, all information you have identified for each category. Only new information not included in the report from 2008 is necessary. 5) According to Subdivision (b)(3) of the law, the Task Force shall consult with governmental and non-governmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, protect and assist victims of trafficking and prosecute traffickers. Please indicate which members of the task force and which governmental and non-governmental

organizations participated in these consultations and outline all of the recommendations that resulted. Only new information not included in the report from 2008 is necessary. 6) According to Subdivision (b) (4) of the law the Task Force shall establish interagency protocols and collaboration between federal, state, and local law enforcement, state and governmental agencies, child welfare agencies, and nongovernmental organizations. Please list and describe every protocol that has been instituted related to each portion of this statute. Only new information not included in the report from 2008 is necessary. 7) According to Subdivision (b) (5) of the law the Task Force shall evaluate approaches to increase public awareness about trafficking and make recommendations on such approaches. Please provide all evaluations and recommendations made by the Task Force on public awareness approaches and those that have been implemented. Only new information not included in the report from 2008 is necessary. 8) According to Subdivision (b)(6) of the law the Task Force shall evaluate the effectiveness of training programs on human trafficking that have been designed for law enforcement personnel, criminal defense attorneys, social service providers and non-governmental organizations, and make recommendations for improving the quality and effectiveness of such programs. Please describe in detail each existing training program referred to in this portion of the statute, and all recommendations considered and those implemented for these training programs. Only new information not included in the report from 2008 is necessary.

9) According to Subdivision (b)(7) of the law the Task Force shall measure and evaluate the progress of the state in preventing trafficking, protecting and providing assistance to victims of trafficking, and prosecuting persons engaged in trafficking. Please provide all measurements and evaluations for each portion of the statute. Only new information not included in the report from 2008 is necessary. 10) In the report, under the section entitled Recommendations for 2008-2009, your task force proposed the following actions to improve New York States response to human trafficking. Expand training of and coordination between state law enforcement agencies, U.S. Customs and Immigration Enforcement (ICE), service providers, and non-law enforcement agencies likely to encounter human trafficking victims; Expand outreach and public awareness efforts; Establish a statewide directory of service providers capable of serving human trafficking victims;

Improve the delivery of services for U.S. citizen, eligible alien and child human trafficking victims who do not qualify for the full range of Response to Human Trafficking program-funded services; Expand safe housing options for human trafficking victims; Promote federal legislation to facilitate the ability of foreign-born human trafficking victims to obtain lawful immigration status and federal assistance; Enhance law enforcement strategies directed toward persons who exploit prostitutes and employ forced labor in New York State; and Explore the development of prostitution diversion courts

Please indicate the current status of each of your proposals and any and all actions taken to achieve them. I thank you for your time and attention to this matter and look forward to hearing from you on or before January 15, 2014, if not the Committee will consider other options available to it. Sincerely,

Assemblyman Andrew Hevesi Chairman, Oversight, Analysis and Investigations Committee

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