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END DEMAND ILLINOIS HUMAN TRAFFICKING AND PROSTITUTION LAWS August 2015

Learn about the efforts of the Chicago Alliance Against Sexual Exploitation (CAASE) to address the issue of prostitution and trafficking in Illinois. Their work includes legal services, prevention education, community engagement, and policy reform. Their goals include holding offenders accountable, providing support to survivors, and educating the public.

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END DEMAND ILLINOIS HUMAN TRAFFICKING AND PROSTITUTION LAWS August 2015

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  1. END DEMAND ILLINOIS HUMAN TRAFFICKING AND PROSTITUTION LAWSAugust2015 transforming Illinois’ response to prostitution and trafficking For more information about CAASE and our work, please visit www.caase.org and www.enddemandillinois.org.

  2. About CAASE • CAASE addresses the culture, institutions, and individuals that perpetrate, profit from, or support sexual exploitation. • Our work includes: * legal services * prevention education * community engagement * policy reform

  3. GOAL - Traffickers, pimps, and the people who buy commercial sex are held accountable for their crimes and are deterred from future trafficking and prostitution offenses. • GOAL – End the criminal system response to prostituted and trafficked people, who instead receive comprehensive, specialized supportive services to address their complex needs and provide meaningful alternatives to prostitution. • GOAL - Illinois residents, elected officials, policy makers, and opinion leaders are educated about the realities of prostitution and trafficking and are moved to take action against demand and end sexual exploitation.

  4. creating and advocating for public policies and legislation to achieve the goals of the campaign; • educating the community, public policy makers, and opinion shapers about the campaign and need for reform; • researching and proposing a model statewide system of supportive services for survivors of prostitution and trafficking; and • engaging survivors of prostitution and trafficking to serve as advocates for the campaign.

  5. IL Safe Children Act – 2010(PA 96-1464) • Minors involved in commercial sex are abused children and crime victims under the Abused and Neglected Child Reporting Act • “Juvenile prostitute” eliminated from criminal code • Minors under 18 are immune from prosecution for prostitution • Law enforcement officers who encounter minors in prostitution must file a report of human trafficking to DCFS • DCFS is required to investigate the report within 24 hours

  6. IL Safe Children Act – 2010(PA 96-1464) • Prostitution-related offenses targeting pimps and/or johns enhanced from misdemeanors to felonies • Buying sex from a child under 18 is now a class 4 felony • For certain offenses, the Act eliminates the ability of an accused to allege a reasonable belief that the victim was at least 18 years old, unless the accused did not have a reasonable opportunity to observe the victim • Vehicle impoundment fee increased from $200 to $1000, and applies to more crimes • The Act expands wiretapping authority for criminal investigations of trafficking and prostitution

  7. JUSTICE FOR VICTIMS OF SEX TRAFFICKING CRIMES ACT - 2011(PA 97-0267) • Allows people with prostitution convictions to ask a judge to vacate those convictions that resulted from human trafficking. • The petitioner must • show that they have received services for victims of human trafficking, or no longer be trafficked; • State why the petitioner did not present facts about the trafficking to the trial court; and • Exercise due diligence in determining when to file the petition. • There are no time limitations in the statute, and no limitations on the number of convictions that can be vacated. • Law can benefit both adult and minor petitioners.

  8. JUSTICE FOR VICTIMS OF SEX TRAFFICKING CRIMES ACT - 2011(PA 97-0267) • Resources for Free Legal Representation: • Chicago Alliance Against Sexual Exploitation. Contact Veronica, 773-244-2230 ext 204 to schedule an intake. • Metropolitan Family Services. Contact Intake line, 312-986-4200 or atlasst@metrofamily.org. • Legal Assistance Foundation. Contact asaldivar@lafchicago.org. • Free Litigation Guide for Attorneys: visit http://www.enddemandillinois.org/newsitems/lawyers-access-litigation-guide-help to download a copy. • Implementation Update (Sept 2015): CAASE successfully completed 5 petitions (4 in Cook, 1 in DuPage), 29 prostitution convictions vacated. 4 petitions pending, with 200 convictions between them.

  9. REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012(PA 97-0897) §720 ILCS 5/10‑9(b) Involuntary servitude. A person knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or servicesl and: (1) causes or threatens to cause physical harm to any person; (2) physically restrains or threatens to physically restrain another person; (3) abuses or threatens to abuse the law or legal process; (4) knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; or (5) uses intimidation, or exerts financial control over any person; (6) uses any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform the labor or service, that person or another person would suffer serious harm or physical restraint.

  10. Definition of “Serious Harm” Provides a definition of “serious harm” related to the trafficking victim that duplicates existing federal trafficking code language and includes “any harm, whether physical or nonphysical, including psychological, financial, or reputational.” REFORMS TO IL HUMAN TRAFFICKING LAWS - 2012(PA 97-0897)

  11. PENALTIES FOR PROSTITUTION OFFENSES - 2013 • Eliminates the felony penalty for those charged with prostitution in Illinois; • Eliminates all potential for a felony upgrade based on the existence of certain prior convictions; • Eliminates the First Offender Felony Probation Act.

  12. PENALTIES FOR PROSTITUTION OFFENSES – 2013(PA 98-0538) • Amends the Mental Health Court Treatment act to • ensure that people facing misdemeanor prostitution charges are eligible for mental health programs offered through the courts; • Encourages provision of services to address the trauma associated with prostitution and sex trafficking; • Mandates that court programs establishing such specialized programs partner with service providers, survivors, and advocates in the program’s development. • Law became effective August 23, 2013.

  13. Funding Specialized Services for Survivors of Prostitution and Human Trafficking - 2014 (PA 98-1013) • Creates a special fund called the “Specialized Services for Survivors of Human Trafficking Fund” housed at the Illinois Department of Human Services.

  14. Funding Specialized Services for Survivors of Prostitution and Human Trafficking - 2014 (PA 98-1013) • Requires IDHS to use the funds “to make grants to non-governmental organizations to provide specialized, trauma-informed services specifically designed to address the priority service needs associated with prostitution and human trafficking.” • Priority services include, but are not limited to, community based drop in centers, emergency housing, and long term safe homes. • Collaboration – “The Department shall consult with prostitution and human trafficking advocates, survivors, and service providers to identify priority service needs in their respective communities.”

  15. Funding Specialized Services for Survivors of Prostitution and Human Trafficking - 2014 (PA 98-1013) • Collects fines from people convicted of: • Involuntary Servitude, • Involuntary Sexual Servitude of Minor, • Trafficking in Persons, • Solicitation of a Sexual Act (special note) • Promoting Prostitution, • Patronizing a Prostitute. • Does not require the judge to impose a fine. • Does not increase fines against this group of offenders. • Fines could range from $0 - $2,500 for the class A misdemeanor and $0 - $25,000 for the felonies.

  16. Funding Specialized Services for Survivors of Prostitution and Human Trafficking - 2014 (PA 98-1013) • $50 to the Circuit Court Clerk’s office that collected the fines; • $300 to law enforcement engaged in the operation; • Balance to the “Specialized Services for Survivors of Human Trafficking Fund.”

  17. Funding Specialized Services for Survivors of Prostitution and Human Trafficking - 2014 (PA 98-1013) • Redirects proceeds of vehicle impoundment fees collected from human trafficking and prostitution-related offenses. • Expands trafficking forfeiture proceedings to include “Promoting Juvenile Prostitution,” and “Promoting prostitution by keeping a place of prostitution or keeping a place of juvenile prostitution.” • Changed distribution plan for forfeiture: • 5% to IL State’s Attorney’s Association for HT/Forfeiture training; • 45% to state agencies involved in the operation and initiating the forfeiture proceedings; • 50% to the Fund.

  18. Amendments to “Solicitation of a Sexual Act” Funding Specialized Services for Survivors of Prostitution and Human Trafficking - 2014 (PA 98-1013) • Prohibits charging prostituted youth with “Solicitation of a Sexual Act.” • Prevents convictions of prostituted people under “Solicitation of a Sexual Act” when the defendant was engaged solely in prostitution as defined under 11-14 of the Illinois criminal code.

  19. Implementing PA 98-1013 • Police officers focus investigation resources on pimps, johns, and traffickers in all communities in Illinois • Police and prosecutors charge those offenses • Prosecutors ask courts for fines upon conviction • Judges impose them • Circuit court clerks collect and distribute them • Improve forfeiture capacity • Educate LE and courts that they can use both municipal and state statutes • Long term: IDHS grant process that convenes community to discuss priority service needs

  20. SB 1588 (Public Act 99-0109) • Amends 720 ILCS 5/11-14, creating an affirmative defense for people charged with prostitution, offering them the opportunity to prove they are subject to human trafficking under state law. • Adds new section 725 ILCS 5/115-6.1 to code of criminal procedure, creates an in camera review process for defendants who are concerned about the safety of raising the affirmative defense in open court.

  21. Questions, Comments, Feedback Contact Information: Lynne Johnson policy director 773-244-2230 ext 205 lynne@caase.org www.caase.org www.enddemandillinois.org

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