MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary B
By: Representatives Gunn, Scoggin, Felsher
AN ACT TO AUTHORIZE THE OFFICE OF THE ATTORNEY GENERAL TO ESTABLISH A PROGRAM TO PROVIDE COUNSELING, MEDICAL NEEDS, TRANSITIONAL HOUSING AND OTHER RELATED SERVICES TO VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION THROUGH SHELTERS AND VICTIM SERVICE PROVIDERS ESTABLISHED TO SERVE SUCH VICTIMS AT NO CHARGE TO THE VICTIM; TO CREATE THE "VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION FUND" AS A SPECIAL FUND; TO PROVIDE THAT MONIES IN THE FUND SHALL BE USED TO FUND AND ASSIST HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION SHELTERS AND VICTIM SERVICES PROVIDERS; TO PROVIDE THE REQUIREMENTS THAT SHELTERS MUST MEET TO QUALIFY FOR FUNDS UNDER THE PROGRAM; TO AMEND SECTION 99-19-75, MISSISSIPPI CODE OF 1972, TO CREATE CERTAIN ASSESSMENTS TO PROVIDE MONIES TO BE DEPOSITED INTO THE FUND; TO AMEND SECTION 43-26-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF CHILD PROTECTION SERVICES TO HIRE A COORDINATOR OF SERVICES FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION WITHIN THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO REQUIRE THE COMMISSIONER OF CHILD PROTECTION SERVICES TO DEVELOP STANDARDS FOR THE INVESTIGATION, CUSTODY AND CARE FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO PROVIDE THE DUTIES FOR THE COORDINATOR OF SERVICES FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO CREATE NEW SECTION 43-26-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO FOLLOW CERTAIN PROCEDURES WHEN RESPONDING TO ALLEGATIONS OF CHILD ABUSE, HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO REQUIRE CERTAIN PERSONS TO BE PLACED ON AN EMERGENCY, SEPARATE AND SPECIALIZED ASSESSMENT TEAM CREATED BY THE COORDINATOR OF SERVICES FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO AMEND SECTION 43-15-51, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Office of the Attorney General is authorized to establish a program to fund victim service providers that offer shelter, counseling, medical needs, transitional housing and other related services to victims of human trafficking and victims of commercial sexual exploitation at no charge to the victim. The program shall be funded from monies in the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund." The Office of the Attorney General, shall have the authority to promulgate the administrative rules that are necessary and proper to further carry out the purposes of Sections 1 through 4 of this act.
SECTION 2. (1) There is created in the State Treasury a special fund to be known as the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund." The administration and regulation of the fund shall be vested in the Office of the Attorney General, and shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-75;
(d) Monies received from the federal government;
(e) Donations to the fund;
(f) Assessments collected pursuant to Section 83-39-31; (g) All other monies received by the state from every source for the support of shelters for victims of human trafficking and commercial sexual exploitation; and
(h) Monies received from such other sources as may be provided by law.
(2) The monies in the fund shall be distributed by the Office of the Attorney General, upon appropriation by the Legislature, to fund and assist human trafficking shelters, commercial sexual exploitation shelters and victim service providers under the provisions of Sections 1 through 4 of this act. Not more than ten percent (10%) of the monies from the fund may be used for administrative expenses and other expenses related to carrying out the provisions of Sections 1 through 4 of this act; however, the total amount used for administrative and related expenses during a state fiscal year shall not exceed One Hundred Thousand Dollars ($100,000.00).
(3) Within six (6) months of the effective date of the act, the Office of the Attorney General shall convene a committee comprised of persons described in this subsection (3) to develop a strategic plan to coordinate the state's response to victims of human trafficking and commercial sexual exploitation, to include the administration and disbursement of funds for the support and assistance of service providers.
The committee members shall serve two (2) year terms. The committee shall consist of seven (7) members, who shall be appointed as follows:
(i) One (1) person to be appointed by the Governor;
(ii) One (1) person to be appointed by the Lieutenant Governor;
(iii) One (1) person to be appointed by the Speaker of the House;
(iv) One (1) person to be appointed by the Attorney General;
(v) One (1) person to be appointed by the Commissioner of the Department of Public Safety;
(vi) One (1) person to be appointed by the board of a victim services provider; and
(vii) One (1) person to be appointed by the Commissioner of the Department of Child Protection Services.
(4) By January 5 of each year, the Office of the Attorney General shall provide an itemized financial report to the Legislature and the State Auditor of all expenditures, statistical data regarding services that has provided, and a report of all service activity with geographical description.
(5) Nothing in Sections 1 through 4 of this act shall be construed to limit the ability of a human trafficking shelter, commercial sexual exploitation shelter or victim services provider from soliciting private donations or community support. Any funds raised by a shelter or program described in Sections 1 through 4 of this act from private donations or community support shall not be subject to the requirements described in Sections 1 through 4 of this act.
SECTION 3. (1) To qualify for funds under the program authorized in Section 1 of this act, a shelter must meet all of the following requirements:
(a) Be incorporated in the state or recognized by the Secretary of State as a private or public nonprofit corporation. Such corporation must have a board of directors and/or an advisory committee that represents the racial, ethnic and socio-economic diversity of the area to be served, including, if possible, at least one (1) person who is or has been a victim of human trafficking and commercial sexual exploitation; and
(b) Have designed and developed a program to provide all of the following services to victims of human trafficking and commercial sexual exploitation and their children, if applicable:
(i) Shelter on a twenty-four (24) hours a day, seven (7) days a week basis;
(ii) A twenty-four (24) hours, seven (7) days a week crisis line for calls;
(iii) Temporary housing and food facilities;
(iv) Referrals to existing services in the community and follow-up on the outcome of the referrals, including, but not limited to, referrals for medical care, legal assistance and alcohol and drug treatment;
(v) Information regarding reeducation, trauma-informed therapy, job counseling, and training programs, housing referrals and other available social services; and
(vi) An available licensed therapist on a twenty-four (24) hours a day basis.
(c) Have established procedures for twenty-four-hour a day, seven (7) days a week admission of victims of human trafficking or commercial sexual exploitation who may seek admission to these shelters on a voluntary basis.
(d) In addition to the above requirements, all shelters and victim service providers, receiving funding under Sections 1 through 4 of this act shall comply with minimum guidelines for services developed by the Office of the Attorney General, including, but not limited to:
(i) Provision of victim-centered, trauma-informed and culturally and linguistically appropriate care;
(ii) Utilization of evidence-based interventions;
(iii) Adequate safety and security for staff and clients;
(iv) Mandatory training for staff and volunteers;
(v) Adherence to ethical and professional standards;
(vi) Strict adherence to confidentiality;
(vii) Nondiscrimination;
(viii) Collaboration with other nongovernmental and governmental agencies; and
(ix) Maintenance of any required licensure and certification of staff and facility as required by the Department of Mental Health, the Department of Health, the Department of Child Protection Services or any other regulatory body.
(2) No human trafficking or commercial sexual exploitation shelter shall qualify for funds under Sections 1 through 4 of this act if it discriminates in its admissions or provision of services on the basis of race, religion, color, age, disability, marital status, national origin or ancestry.
(3) Any human trafficking shelter, commercial sexual exploitation shelter or victim service provider receiving funds under Sections 1 through 4 of this act must show receipt of local funds in an amount not less than fifteen percent (15%). The local contribution may include in-kind contributions.
(4) A human trafficking shelter, commercial sexual exploitation shelter or victim service provider receiving funds under Sections 1 through 4 of this act shall not be prohibited from accepting gifts, trusts, bequests, grants, endowments, federal funds, other special source funds or transfers of property of any kind for the support of that shelter program.
(5) Each human trafficking shelter, commercial sexual exploitation shelter or victim service provider receiving funds under Sections 1 through 4 of this act shall:
(a) Perform background checks and maintain copies of such for each employee or volunteer; and
(b) Require employees and volunteers to maintain the confidentiality of any information that would identify individuals served by the shelter or victim service provider.
SECTION 4. (1) Any employee, contractor, volunteer or agent of a human trafficking or commercial sexual exploitation shelter receiving funds under Sections 1 through 4 of this act, or of any other entity in possession of information which would tend to identify a victim of human trafficking and commercial sexual exploitation, shall comply and be held liable as provided in Section 1 of House Bill No. 1386, 2020 Regular Session.
(2) A resident, employee, contractor, volunteer or agent of a human trafficking shelter, commercial sexual exploitation shelter or victim services provider receiving funds under Sections 1 through 4 of this act shall not be required to disclose the street address or physical location of that shelter to any public or private agency. In all cases where the provision of a physical address is required, a post office box address for the human trafficking and commercial sexual exploitation shelter shall be deemed sufficient.
SECTION 5. Section 99-19-75, Mississippi Code of 1972, is amended as follows:
99-19-75. (1) In
addition to any monetary penalties and any other penalties imposed by law,
there shall be imposed and collected from each person upon whom a court imposes
a fine or other penalty for any violation of Section 97-3-65, 97-5-1 et seq. or
97-3-7, * * * when committed against a minor, an assessment of One
Thousand Dollars ($1,000.00) to be deposited into the Mississippi Children's
Trust Fund created in Section 93-21-305, * * * using the procedures
described in Section 99-19-73 * * *.
(2) In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-3-7, 97-3-54.1, 97-3-65, 97-3-95, 97-5-1 et seq., or 97-29-51 an assessment of One Thousand Dollars ($1,000.00) to be deposited into the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund" created in Section 2 of this act.
SECTION 6. Section 43-26-1, Mississippi Code of 1972, is amended as follows:
43-26-1. (1) There is hereby created a Mississippi Department of Child Protection Services.
(2) The Chief Administrative Officer of the Department of Child Protection Services shall be the Commissioner of Child Protection Services who shall be appointed by the Governor with the advice and consent of the Senate. The commissioner shall possess the following qualifications:
(a) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or
(b) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance, law or accounting.
(3) The Department of Child Protection Services shall be a subagency independent of, though housed within, the Mississippi Department of Human Services. The Commissioner of the Department of Child Protection Services shall maintain complete and exclusive operational control of the Department of Child Protection Services' functions, except functions shared with the Department of Human Services as provided in subsection (5)(c) and (d) of this section.
(4) The Commissioner of Child Protection Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the programs transferred to the department under Chapter 494, Laws of 2016.
(5) The Commissioner of Child Protection Services and the Executive Director of the Department of Human Services shall develop and implement a plan for the orderly establishment of the Department of Child Protection Services and its transition from the Office of Family and Children's Services of the Department of Human Services. The plan shall:
(a) Describe a mechanism for the transfer of any equipment, supplies, records, furnishings or other materials, resources or funds dedicated to the operation of the Office of Family and Children's Services of the Department of Human Services, which may be useful to the Department of Child Protection Services;
(b) Determine the allocation of resources between the newly created Department of Child Protection Services and the Department of Human Services, as practicable;
(c) Determine the allocation of functions where the performance of services may be shared between the Department of Child Protection Services and other employees of the Department of Human Services, as practicable;
(d) Determine whether any administrative support services, such as Information Technology Services, bookkeeping and payroll, can continue to be provided by the Department of Human Services; and
(e) Identify other areas deemed relevant by the commissioner and make recommendations thereon to achieve an orderly transition.
(6) The programs and services provided by the Office of Family and Children's Services of the Department of Human Services under the following statutes shall be provided by the Department of Child Protection Services: Sections 41-87-5, 41-111-1, 43-1-2, 43-1-51, 43-1-55, 43-1-57, 43-1-63, 43-15-3, 43-15-5, 43-15-6, 43-15-13, 43-15-15, 43-15-17, 43-15-19, 43-15-21, 43-15-23, 43-15-51, 43-15-103, 43-15-105, 43-15-115, 43-15-125, 43-15-201, 43-15-203, 43-15-207 and 43-18-3, Mississippi Code of 1972.
(7) The * * *
Mississippi Department of Child
Protection Services shall submit a copy of the federal Annual Progress and
Services Report (APSR) to the Chair of the Senate Public Health and Welfare
Committee, the Chair of the Senate Appropriations Committee, the Chair of the
House Public Health and Human Services Committee, the Chair of the House
Appropriations Committee, the Lieutenant Governor, the Speaker of the House of
Representatives, and the Governor by December 1 of each year.
(8) (a) The Commissioner of Child Protection Services shall hire a Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services whose duties shall include, but not be limited to, the following:
(i) To form specialized human trafficking and commercial sexual exploitation assessment teams to respond on an as-needed basis to act as an emergency, separate and specialized response and assessment team to rapidly respond to the needs of children who are victims of human trafficking and commercial sexual exploitation;
(ii) To identify victims of human trafficking and commercial sexual exploitation;
(iii) To monitor, record and distribute federal human trafficking funds received by the Department of Child Protection Services;
(iv) To employ staff to investigate allegations of human trafficking and commercial sexual exploitation; and
(v) To develop and coordinate services within the Department of Child Protection Services and with outside service providers for victims of human trafficking and commercial sexual exploitation.
(b) The Commissioner of Child Protection Services shall develop standard operating procedures for the investigation, custody and services provided to alleged victims of human trafficking and commercial sexual exploitation.
(c) The Commissioner shall require two (2) hours of training regarding the subject of identifying, assessing, and providing comprehensive services to a child who has experienced or is alleged to have experienced commercial sexual exploitation or human trafficking. The training must be incorporated into the pre-service training requirements of all Mississippi Department of Child Protection Services family specialists, adoption specialists, licensure specialists, direct supervisors of family protection specialists, direct supervisors of adoption specialists, and direct supervisors of licensure specialists.
SECTION 7. The following shall be codified as Section 43-26-3, Mississippi Code of 1972:
43-26-3. (1) The Department of Child Protection Services shall immediately send the on-call caseworker to the scene or location chosen by law enforcement (a) when the department is contacted by a law enforcement officer who encounters a minor whom the officer reasonably suspects of being a victim of human trafficking or commercial sexual exploitation, and (b) the officer requests such assistance using the Mississippi Child Protection Services hotline.
(2) The Department of Child Protection Services, in addition to its duties provided in Section 43-21-353, within twenty-four (24) hours of receiving a report of child abuse, human trafficking of a child or commercial sexual exploitation of a child, sending an on-call caseworker to a location in response to a minor who is reasonably suspected of being a victim of human trafficking or commercial sexual exploitation at the request of a law enforcement officer, or when a Child Protection Services caseworker encounters a minor who is reasonably suspected of being a victim of human trafficking or commercial sexual exploitation, shall:
(a) Make in-person contact with the child to determine appropriate next steps for the protection of the child, or where in-person contact cannot be made within twenty-four (24) hours of receiving the report, shall immediately notify the Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services and law enforcement, and shall document all steps taken to make contact with the child as well as the steps that will be taken to locate and ascertain the safety of the child;
(b) Attempt to have an on-site interview with the child's caretaker;
(c) Attempt to have law enforcement or an appropriate investigator conduct an on-site interview with the child's suspected offender; and
(d) Document and assess the safety of other children in the care or custody of the caretaker and/or who may be at risk of abuse by the suspected offender.
(2) If the child is suspected to be a victim of human trafficking or commercial sexual exploitation, the Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services shall activate an emergency, separate and specialized human trafficking and commercial sexual exploitation assessment team. The team shall include, at a minimum: (a) an investigator certified by the Mississippi Human Trafficking Operational Task Force Board, (b) an investigator from the Department of Child Protection Services, and (c) a person certified by the office of the Attorney General as an advocate for victims of human trafficking and commercial sexual exploitation. Such emergency assessment team shall be created without authorization of the youth court, or designated by the Office of the Attorney General as an advocate for such victims.
(3) Any person under eighteen (18) years of age taken into custody under the provisions of Section 97-29-49 shall be presumed a victim of human trafficking and commercial sexual exploitation.
SECTION 8. Section 43-15-51, Mississippi Code of 1972, is amended as follows:
43-15-51. (1) The district attorneys, the Department of Human Services or the Department of Child Protection Services may initiate formal cooperative agreements with the appropriate agencies to create multidisciplinary child protection teams in order to implement a coordinated multidisciplinary team approach to intervention in reports involving alleged commercial sexual exploitation, human trafficking, or severe or potential felony child physical or sexual abuse, exploitation, or maltreatment. The multidisciplinary team also may be known as a child abuse task force. The purpose of the team or task force shall be to assist in the evaluation and investigation of reports and to provide consultation and coordination for agencies involved in child protection cases. The agencies to be included as members of the multidisciplinary team are: the district attorney's office, city and county law enforcement agencies, county attorneys, youth court prosecutors, the Human Trafficking Coordinator or his or her designee and other agencies as appropriate. The Department of Child Protection Services shall be included as a member of the multidisciplinary team if the department does not initiate creation of the team.
(2) Except as otherwise provided in Section 43-26-3, to implement the multidisciplinary child abuse team, the team or task force must be authorized by court order from the appropriate youth court. The court order will designate which agencies will participate in the cooperative multidisciplinary team.
(3) (a) Teams created under this section may invite other persons to serve on the team who have knowledge of and experience in child abuse and neglect and commercial sexual exploitation and human trafficking matters. These persons may include licensed mental and physical health practitioners and physicians, dentists, representatives of the district attorney's office and the Attorney General's office, experts in the assessment and treatment of substance abuse or sexual abuse, the victim assistance coordinator of the district attorney's office, staff members of a child advocacy center, sexual assault nurse examiners and experts in providing services to commercial sexual exploitation and human trafficking victims. For purposes of this paragraph, the term "sexual assault nurse examiner" means a registered nurse who has received a documented forty (40) hours of training as a sexual assault nurse examiner.
(b) (i) A child advocacy center means an agency that advocates on behalf of children alleged to have been abused and assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and promoting the coordination of services for children alleged to have been abused. A child advocacy center provides services that include, but are not limited to, forensic medical examinations, mental health and related support services, court advocacy, consultation, training for social workers, law enforcement training, and child abuse multidisciplinary teams, and staffing of multidisciplinary teams.
(ii) Child advocacy centers may provide a video-taped forensic interview of the child in a child friendly environment or separate building. The purpose of the video-taped forensic interview is to prevent further trauma to a child in the investigation and prosecution of child physical and sexual abuse cases. Child advocacy centers can also assist child victims by providing therapeutic counseling subsequent to the interview by a qualified therapist. Child advocacy centers can also assist law enforcement and prosecutors by acquainting child victim witnesses and their parents or guardians to the courtroom through child court school programs.
(4) A team or task force
created under this section shall review records on cases referred to the team
by the Department of * * *
Child Protection Services or law enforcement or the district attorney's
office. The team shall meet at least monthly.
(5) No person shall
disclose information obtained from a meeting of the multidisciplinary team
unless necessary to comply with * * * the Department
of Child Protection Services regulations or conduct and proceeding in youth
court or criminal court proceedings or as authorized by a court of competent
jurisdiction.
SECTION 9. This act shall take effect and be in force from and after its passage.