AN ACT CONCERNING THE INTERAGENCY TASK FORCE ON TRAFFICKING IN PERSONS.

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill requires the Judicial Department, Division of Criminal Justice, Police Officer Standards and Training Council and the Permanent Commission on the Status of Women (PCSW) to assist victims of trafficking and provide training to various organizations in order to identify instances of trafficking in persons. It appropriates FY 07 funds, in the amount of $175,000, for these purposes. ¹

The bill continues for another year the interagency task force on trafficking in persons which could result in a statewide cost of less than $5,000 for any mileage reimbursements, printing, copying and mailing or other incidental expenses incurred. It also requires the task force to implement public awareness of the trafficking issue. Federal funds, in the amount of $24,700 total, have been made available for this purpose over the next three years. It is anticipated that any costs in excess of this amount would be borne by the PCSW since it is responsible for providing services to the task force.

The bill establishes the crime of trafficking in persons, which is committed when through coercion a person compels another one to engage in prostitution or work, and makes it punishable by a fine of up to $20,000 and/or up to twenty years' imprisonment. The bill also provides that trafficking in persons constitutes racketeering activity, as defined in CGS Section 53-394(a). To the extent that these changes increase the likelihood that offenders would be prosecuted or receive harsher penalties under state law, a potential revenue gain from criminal fines and potential cost for incarceration and/or probation supervision in the community exist. On average, it costs the state $2,150 to supervise an offender on probation in the community as compared to $35,040 to incarcerate the offender (note that both figures include fringe benefits).

The bill provides that trafficking may constitute an affirmative defense² for any person accused of prostitution under CGS Section 53a-82. Each year there are approximately 500 cases under this section with a conviction rate of roughly sixty per cent. Since relatively few criminal cases are affected by this provision (less than one per cent of total class “A” misdemeanor cases) it is anticipated that any workload increase associated with the potential use of the affirmative defense could be accommodated by the Division of Criminal Justice, Public Defender Services Commission and Judicial Department without requiring additional resources. The extent to which this provision would reveal instances of trafficking is unknown.

The bill prohibits employers from knowingly employing any person who is being coerced by another person to engage in employment in violation of the bill. It authorizes the Office of the Attorney General, upon the request of the Labor Commissioner, to bring a civil action in superior court to recover a civil penalty from any employer who knowingly employs a victim of trafficking. Any such actions could be accommodated within budgeted resources. Civil penalties would be deposited into the General Fund.

Senate Amendment “A” added the provisions related to criminal conduct and the Office of the Attorney General. It could thereby result in a fiscal impact to various criminal justice agencies and a potential revenue gain to the General Fund via civil penalties in actions brought by the Attorney General.

Senate Amendment “B” shifted $75,000 of the bill's total appropriation from the Judicial Department to the Division of Criminal Justice.

The Out Years

There is no out year fiscal impact associated with the task force as it expires on January 1, 2007. The potential fiscal impact associated with incarceration under the bill would continue into the future subject to inflation.

The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either House thereof for any purpose.

¹ Note that sHB 5007, An Act Making Adjustments to the Budget for the Biennium Ending June 30, 2007, as favorably reported by the Appropriations Committee on March 30, 2006, also appropriates $175,000 in total for similar purposes.

² An affirmative defense may excuse or justify a defendant's behavior (eg, self-defense is a common affirmative defense to a charge of battery or homicide).

Agency Affected	Fund-Effect	FY 07 $
Judicial Dept. ; Criminal Justice, Div. ; Police Officer Std. & Training Council; Legislative Mgmt.	GF - Cost	175,000
Legislative Mgmt.	GF - Cost	Potential
Various State Agencies	GF - Cost	Less than 5,000