Sidney McCoy, Author at Shared Hope International

July 22, 2024 by Sidney McCoy

2024 State Legislative Update

2024 State Legislative Update

The Shared Hope policy team has been working tirelessly this year, tracking 3,558 bills and providing technical assistance in 22 states to combat child and youth sex trafficking. Legislative measures at the state level are crucial in protecting vulnerable youth and prosecuting perpetrators. As state legislatures wrap up their sessions, staying informed about the latest updates is essential.

Our advocacy priorities have focused on victim-offender intersectionality and preventing the unjust criminalization of trafficking survivors. We have been collaborating with stakeholders and engaging on legislation related to Safe Harbor, Affirmative Defense, and Vacatur. Our Report Card framework includes 40 policy goals across 6 issue areas, and this blog reflects our efforts in these key areas.

As we continue to advocate for important bills, it is important to recognize the impact of state legislation in shaping policies and practices to protect vulnerable youth. Stay informed and join us in the fight against child and youth sex trafficking. Together, we can make a difference in the lives of survivors and work towards a safer future for all.

Safe Harbor Efforts

“Safe Harbor” refers to laws and responses that insulate victims from a punitive response and direct them to restorative and protective services. Comprehensive Safe Harbor laws should prohibit arresting, detaining, charging, and prosecuting allminors for prostitution offenses, regardless of whether a finding of trafficking victimization is made, and instead, connect child and youth survivors to specialized services and care. This non-criminalization recognizes that child and youth sex trafficking victims should not be penalized for a crime that was committed against them and should not be involved in the juvenile or criminal justice system as a result. This includes not using punitive approaches to require participation in services, such as diversion or discretionary referrals. Additionally, victims deserve access to physical, mental, and psychological support and services to help them heal and set a firm foundation for their future lives. Thus, effective Safe Harbor responses emphasize the need of victims to receive trauma-informed care, and hinges on ensuring comprehensive access to specialized services.

This year, Idaho will join the other 29 states and DC who have made it clear that children engaged in commercial sex are victims of sex trafficking, not prostitution offenders, with the passing of H 494, introduced by Rep. Lakey (R). This lawprohibits minors under 18 from being arrested and referred to the juvenile justice system on suspicion of or known engagement in commercial sex. Amending the prostitution statute to be inapplicable to minors recognizes that children never engage in commercial sex by choice; rather, a child does so out of coercion, force, fraud, fear, or survival. This is not consensual sex; money does not sanitize rape and treating the child as a consensual actor not only misplaces criminality, it directly re-victimizes the child. Children living in such circumstances deserve, at a minimum, specialized services, and long-term care, not the traumatizing impact of an arrest, detention and prosecution, or juvenile records that carry devastating collateral consequences far beyond the childhood years.

A few other states have passed laws related to Safe Harbor, too. Appropriate identification and access to services are vital aspects of creating a just response for victims of child and youth sex trafficking.

Pennsylvania passed legislation, SB 44 introduced by Sen. Dush (R), that amended the definition of trafficking to ensure that all minors engaged in commercial sex are recognized as trafficking victims by eliminating the third-party control requirement. A third-party control element in a trafficking law requires a commercially sexually exploited child to have a trafficker or controller to be recognized as a victim of trafficking. When state child sex trafficking laws only criminalize the conduct of a third party who provides, maintains, or facilitates the exchange of sex between the child victim and the buyer, children who are solicited and exploited by buyers do not fall under the protection of the child sex trafficking law. With this barrier now eliminated in Pennsylvania, any minor engaged in commercial sex now qualifies for a Safe Harbor response, as well as other protections afforded to trafficking victims.

Virginia also passed two bills that will support future Safe Harbor responses. House Bill 581, introduced by Del. Simmonds (D), requires the establishment of multidisciplinary human trafficking response teams. Collaborative, multidisciplinary groups (“MDTs”) addressing human trafficking have become essential in the national fight against human trafficking and the provision of necessary services and resources to survivors. This response model, which includes various disciplines working collaboratively, is encouraged by the U.S. Department of Justice and is recognized worldwide as a best practice in the anti-trafficking field. Through MDTs, law enforcement, child welfare, service providers, advocates, other professionals, as well as the child and their family can work collaboratively to prioritize the wellbeing of the survivor and provide trauma-informed support and services. The creation of these MDT’s will support future implementation of a Safe Harbor response.

Additionally, HB 268 introduced by Del. Watts (D), directs thejuvenile court to retain jurisdiction of a juvenile defendant if, during a transfer hearing, the court receives evidence that such juvenile was trafficked, sexually abused, or raped by alleged victim of the conduct for which they’ve been charged. Additionally, the bill states that the provisions shall be construed to prioritize the successful treatment and rehabilitation of juvenile victims of human trafficking and sex crimes who commit acts of violence against their abusers. While ideally, we would like to see these victims kept out of any punitive system and met with a protective—rather than punitive—response, Shared Hope supported this bill as a step toward more just responses to criminalized child trafficking survivors. The passage of this bill demonstrates an understanding that child victims who defend themselves against their abusers should be afforded the protections and rehabilitation that juvenile courtswere designed to provide.

Vacatur and Affirmative Defense Efforts

Vacatur and affirmative defense are crucial legal mechanisms designed to provide protection and justice to victims of trafficking. Vacatur refers to the legal process of nullifying convictions or judgments obtained against trafficking victims for offenses they committed as a direct result of being trafficked. It recognizes that individuals coerced or deceived into criminal activity should not be held accountable for actions taken under duress. Affirmative defense, on the other hand, allows trafficking victims to present evidence of their victimization to mitigate or excuse their criminal liability. These legal provisions acknowledge the complex dynamics of trafficking, where victims often endure manipulation, coercion, and exploitation, making it unjust to hold them fully responsible for their actions. By granting vacatur and affirmative defense, the legal system aims to empower victims, facilitate their recovery, and hold perpetrators accountable for their crimes. These mechanismsacknowledge the coercive circumstances that often compel victims to engage in criminal activities, offering them a legal recourse to escape punishment. Without such provisions, victims may face further victimization through the criminal justice system, exacerbating their trauma and hindering their ability to break free from the cycle of exploitation.

Pennsylvania’s legislature is currently considering a bill that would allow trafficking survivors to assert an affirmative defense for crimes directly related to their victimization. Importantly, this bill allows a survivor to assert the defense for any alleged offense. This is critical as we know that traffickers often force their victims to commit a variety of crimes for a variety of reasons. Traffickers may force a child victim to commit a crime knowing that the punishment for the child is likely to be lower if they are caught due to the child’s age or that, once a victim has committed a crime, they are less likely to seek help for fear of being punished for the afore mentioned crime(s). Additionally, victims may commit crimes to protect themselves in self-defense, to avoid abuse by their exploiter, or to escape or avoid their own sexual exploitation.

Arizona amended its vacatur statute to remove an arbitrary barrier to qualifying for the relief by passing HB 2623, introduced by Matt Gres (R). Previously, survivors could only petition for relief if the alleged conduct was committed before 2014. Now survivors can petition for vacatur regardless of when the conviction occurred. However, relief is very limited—only prostitution convictions may be vacated under this law, leaving many survivors with other convictions without legal recourse.

Omnibus Efforts

While our advocacy efforts predominantly focus on preventing unjust criminalization, there are a few states who are working on omnibus bills that impact several State Report Card policy goalsand are worth highlighting as broad efforts to shift the state-level response to child trafficking survivors.

Washington

Washington passed SB 6006, a bill that provides a number of critical supports and protections for victims of trafficking. First,this bill makes clear that trafficking victims have the ability to gain civil orders of protection from their traffickers. This is an essential resource for survivors because, in some circumstances, civil orders of protection (CPOs) can provide more comprehensive relief than the criminal justice system. Some survivors are able to petition for custody, child support, counseling, and eviction of the abuser within the context of a CPO.

Moreover, this legislation provides robust protection and support for minor victims of sex trafficking through multiple additions to how victims are cared for and supported during trial. Victim-witness testimony by sex trafficking and commercial sexual exploitation victims provided during a trial of their alleged exploiter can serve a key role in a successful conviction. However, the delivery of victim testimony can be a severely traumatic process for CSE minors regardless of their age at the time of testifying. SB 6006 allows for out-of-court statementsthat is otherwise inadmissible to be admitted as evidence to lighten to the burden that victims have in testifying. Further, victims would be able to testify via CCTV, which would decrease their re- traumatization of having to testify in front of their abusers.

Finally, SB 6006 provides for victim compensation without any time limitations and can file for these benefits at any time. SB 6006 also eliminates the statute of limitations for sex traffickingprosecutions.

Illinois

Illinois is currently considering a bill, SB 3697 introduced by Dale Fowler (R), that would improve the state’s response in a number of different ways. Critically, this bill improves victim identification, specifically for child welfare employees. It is imperative that child welfare is prepared to complement community-based service responses to provide specialized care, services, and, when appropriate, placement to children who enter the system on a report of child sex trafficking. Additionally, SB 3697 extends foster care related services to the age of 23. Youth who age out of foster care at the age of 18 often enter the world with little support. Research shows the lack of stability and opportunity during these pivotal years can damage the youth’s healthy development, positive long–term decision-making, and skill-building. This bill, if passed, will ensure continuity of support during a critical transitional period.

Finally, this bill requires the Illinois State Police to develop and deliver a course of instruction designed for departments, agencies, or associations that are likely to come in contact with human trafficking victims in the course of delivering services. Training agencies to identify human trafficking is crucial for several reasons. Firstly, it equips personnel with the knowledge and skills to recognize the signs and indicators of trafficking, allowing for timely intervention and assistance to victims. Secondly, it helps prevent misidentification of trafficking situations as other crimes or social issues, ensuring that victims receive appropriate support and services. Thirdly, training enhances collaboration and coordination among different agencies, enabling a more effective and comprehensive response to trafficking cases. Ultimately, such training empowers frontline responders to act as advocates for victims, disrupt trafficking networks, and contribute to the broader efforts to combat trafficking.

August 25, 2023 by Sidney McCoy

Unjust Criminalization: Zephi Trevino’s Story

Zephaniah “Zephi” Trevino has pleaded guilty and has been sentenced to 12 years for murder and five years for aggravated robbery. The Dallas County District Attorney alleged Zephi —along with two men— had taken part in a robbery that left one man dead from a gunshot wound and another injured. Although Zephi was not responsible for pulling the trigger, she was charged as an accomplice. What has been left out of the DA’s narrative, however, is that Zephi is a victim of sex trafficking. The two men who were “lured” by Zephi to the apartment where they were ultimately robbed, were there to purchase sex from 16-year-old Zephi. Zephi was charged as an adult and was facing a capital murder conviction. She took a plea deal, citing the risk of a life sentence was “too grave.”

While discouraging, this result is unsurprising as Texas has refused to see those who have been trafficked as victims, rather than criminals. Indeed, Texas remains one of the few¹ states that still criminalizes minors for prostitution—the very crime that is synonymous with their exploitation. In 2019, Governor Greg Abbot vetoed a bill that would protect minors from criminalization for prostitution and would instead direct them to receive assessment and services through child welfare and community-based services. That same year, after passing unanimously through the House and Senate, Governor Abbot vetoed a bill that would establish a clemency review panel for certain offenses committed by victims of domestic violence and human trafficking.

As it stands in Texas, a human trafficking survivor who has been unjustly charged with a crime has just one remedy: a “nondisclosure petition²,” a form of post-conviction relief that is limited to prostitution, marijuana, and certain theft offenses if the offense was committed “solely” as a trafficking victim.³ The relief is further limited because survivors are ineligible for the relief if they have additional convictions, and it requires survivors to provide assistance to law enforcement and prosecutors.⁴

Legal protections for victims of human trafficking are imperative given deeply pervasive forced criminality that exists in trafficking situations. In a 2016 survey, the National Survivor Network found that 90% of trafficking survivors reported being arrested and 60% reported being arrested for crimes other than prostitution or drug possession.⁵ Perhaps most significantly, the survey demonstrated that over half of all respondents believed that 100% of their criminal-legal involvement was directly related to their trafficking experience.⁶ These victim-offenders⁷ are retraumatized by their detention and prosecution. They are also left with a criminal record that hinders their ability to secure safe housing, employment, education, and other services. Contrary to the TVPA’s decree those trafficking victims not be criminalized as a result of their victimization,⁸ survivors continue to be charged with crimes related to their trafficking and states such as Texas fail to provide adequate legal protections to prevent criminalization.

What’s worse, the criminal-legal system itself can often mimic the power and control dynamics that exist in a trafficking situation. Justin Moore, one of Zephi’s defense attorneys, alluded to this in his comments to the press, stressing an “urgent need for a legal system that is trauma-informed . . . and that also calls into question the unchecked power that [prosecutors] have in this country and how they can bully defendants who are victims into taking plea deals.”⁹ This “bullying,” the pressure and coercion that is often applied on victims who are charged alongside their traffickers and co-conspirators, is a tactic used all too often. Indeed, the same youth who are charged as defendants alongside their trafficker may also be called to testify against their trafficker, and that testimony could be central to their successful prosecution.¹⁰ Although it does not appear that the Dallas District Attorney is pursuing trafficking charges against Zephi’s co-defendants, studies have shown that conditions of the juvenile/criminal justice process, secure confinement, and the stigma of criminal records alone further harm and traumatize child sex trafficking victims.¹¹ Prosecutors must weigh considerations of the harm to victim-offenders and the injustice of coercive charging tactics, and further, should be trained on victim-centered investigations and prosecutions to ensure positive identification of survivors and prevent unjust criminalization. Texas does not currently mandate such training.

Sex trafficking victimization and forced criminality are intrinsically linked. Arresting and prosecuting sex trafficking victims for criminal offenses, even violent ones, is in direct conflict with a victim-centered criminal justice approach and reflects a limited understanding of the complex nature of victim-offender intersectionality. Prohibiting the criminalization of sex trafficking victims for offenses related to victimization accounts for the nature and extent of control exerted by sex traffickers, and the influence of trauma on the decision-making process and behavior of survivors. Accordingly, states must enact non-criminalization laws, including an affirmative defense law, that don’t draw a “hard line” on the qualifying offenses and should extend to accomplice and co-conspirator liability.

Successful implementation of this change in law and practice will require training as well as active participation from criminal justice stakeholders, including law enforcement, victim advocates, prosecutors, and judges. To improve identification of sex trafficking victim-offenders, criminal justice stakeholders should take proactive steps throughout the criminal justice process to assess whether a person that is suspected of trafficking had also experienced trafficking victimization.

Finally, non-criminalization and post-conviction relief laws are two sides of the same coin. It is inevitable that survivors will “slip through the cracks” or go unidentified, resulting in unjust convictions. These survivors must be afforded an opportunity to vacate convictions they’ve received as a result of their victimization. States must not limit the types of crimes or charges for which a sex trafficking survivor can seek post-conviction relief to prostitution offenses. States limiting post-conviction relief to trafficking survivors who are convicted of prostitution or other sex offenses leave many sex trafficking survivors without any avenue for relief.

1 As of August 2023, twenty-nine (29) states plus Washington D.C. have passed laws preventing minors from being criminalized for prostitution-related offenses. Eighteen (18) states go on to expand non-criminalization laws to protect child sex trafficking survivors from being prosecuted for other crimes committed as a result of their victimization. Nine (9) states prohibit criminalization for, or provide an affirmative defense to, violent felonies. See Safe Harbor page.

2 See Texas Government Code § 411.0728. Juveniles in Texas are afforded additional opportunities to vacate delinquency adjudications under certain circumstances. However, this relief is not afforded to juveniles convicted of criminal offenses. See generally Tex. Fam. Code Ann. § 58.253, Tex. Fam. Code Ann. § 58.255, and Tex. Fam. Code Ann. § 58.256.

3 Freedom Network USA Texas – Freedom Network USA

4 Id.

5 National Survivor Network Member Survey: Impact of Arrest and Detention on Survivors of Human Trafficking, August 2016. Microsoft Word – VacateSurveyFinal (nationalsurvivornetwork.org)

6 Id.

7 Victim-offender is used to refer to an individual who has experienced, or is currently experiencing, sex trafficking victimization and is alleged to have engaged in conduct that violates the law. See generally Shared Hope Int’l, Responding to Sex Trafficking: Victim-Offender Intersectionality (2020) https://sharedhope.org/wp-content/uploads/2020/01/SH_Responding-to-Sex-Trafficking-Victim-Offender-Intersectionality2020_FINAL.pdf.

8 22 U.S.C. § 7102(17) (2000) (“The term ‘victim of trafficking’ means a person subjected to an act or practice described in paragraph (9) or (10).”); Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22, § 109, 129 Stat. 239 (“[S]ection 108 of this title amends section 1591 of title 18, United States Code, to add the words ‘solicits or patronizes’ to the sex trafficking statute making absolutely clear for judges, juries, prosecutors, and law enforcement officials that criminals who purchase sexual acts from human trafficking victims may be arrested, prosecuted, and convicted as sex trafficking offenders when this is merited by the facts of a particular case.”).

9 “Grand Prairie’s Zephi Trevino sentenced to 12 years in prison in fatal 2019 robbery” Jamie Landers and Kelli Smith Aug. 21 2023

10 Supra note 7.

11 Id.

October 10, 2022 by Sidney McCoy

Fact Sheet: Runaway and Homeless Youth and Trafficking Prevention Act

Runaway and Homeless Youth and Trafficking Prevention Act (S.4916/H.R.8948)

Approximately 4.2 million youth and young adults experience homelessness in the United States each year. Homeless and runaway youth are among those most susceptible to falling victim to human trafficking as their heightened state of vulnerability and the immediate nature of their needs create an ideal situation for perpetrators to exploit. Traffickers often use a youth’s basic needs as leverage to coerce them into exchanging sex acts for food, shelter, clothing, or other basic needs. In fact, recent studies show that nearly one third of homeless and runaway youth have had to engage in sex to survive. In one survey, 24% of youth living on the streets had exchanged sex for money, and 27.5% had exchanged sex for a place to stay. Furthermore, trafficking survivors indicated that shelter was the number one commodity traded in return for sexual activity because traffickers often loiter in areas where homeless youth are known to gather.

The Runaway and Homeless Youth and Trafficking Prevention Act (“RHYTPA”) recently introduced by Congress updates the existing Runaway and Homeless Youth Act (“RHYA”), which has been the primary federal program addressing youth and young adult homelessness for the past 45 years. The RHYA authorizes federal funding for organizations that provide emergency services such as crisis housing, basic life necessities, and other supportive services for youth experiencing homelessness and youth victimized by trafficking. RHYTPA, the current bill before Congress, enhances these essential programs covered by RHYA in order to more comprehensively address the needs of homeless youth. The RHYTPA also specifically provides for resources and services to be directed to youth victims of human trafficking and youth at risk of being trafficked.

Key Provisions:

Requires grant recipients who provide temporary or longer-term housing and crisis intervention services to minors to include a statistical summary detailing the prevalence of human trafficking in their annual report.
Includes services and treatment programs for victims of sexual abuse, trafficking, and gender-based violence as programs that may be considered an acceptable transitional living program to refer a homeless youth to.
Provides that staff be trained specifically on human trafficking, trauma, sexual abuse, and sexual assault.
Improves the process for referring youth who have been victims of human trafficking to appropriate mental health services.

Take Action:

Contact your Congressperson and urge them to support the Runaway and Homeless Youth and Trafficking Prevention Act (S.4916/H.R.8948) to bring vital services to for youth experiencing homelessness and youth victimized by trafficking and exploitation.

Additional Resources:

National Network for Youth, Responding to Youth Homelessness: A Key Strategy for Preventing Human Trafficking: https://nn4youth.org/resource/responding-to-youth-homelessness/

August 31, 2022 by Sidney McCoy

Legislative Update Series: Federal Legislation

Each year, Shared Hope International advocates for legislation aimed at preventing child and youth sex trafficking, while expanding protections and services for survivors. Through collaboration with legislators, survivor leaders, and advocates, we push for federal legislation that will ensure change across the nation. Learn more about some of the federal bills we’re focused on:

Debt Bondage Repair Act

In late 2021, Congress passed the Debt Bondage Repair Act (“DBRA”) as part of the National Defense Authorization Act of 2021 which was later signed by President Biden. The DBRA prohibits a consumer reporting agency from reporting adverse credit information about a consumer that is the result of severe human trafficking or sex trafficking. Traffickers control their victims through subtle or overt means, including financial control over victims’ income, access to money, or amount of debt. Specifically, traffickers often take out significant debt in their victims’ names or force victims to take out the loan themselves, resulting in default, judgements, and poor credit. Additionally, if a victim can exit the life, this debt often follows them around in the form of defaults, judgements, and poor credit scores, impacting their ability to get safe and stable housing, employment, and even some professional licenses. The DBRA directs the Consumer Financial Protection Bureau with promulgating a rule to implement a method by which the DBRA will be carried out. Shared Hope participated in providing comments for the rule making and a final rule was published in late June. To learn more about who is eligible under the DBRA, check out our resource.

Trafficking Victims Protection Reauthorization Act

Three additional Trafficking Victims Protection Reauthorization Act (“TVPRA”) bills have been introduced this year, H.R. 6552, S. 3946, and S. 3949. The bills reauthorize and enhance programs, strengthen laws, and add accountability that reflects the critical need for prevention, protection, and prosecution to combat human trafficking domestically and abroad. Specifically, S. 3946 incorporates Sara’s Law and both S. 3946 and S. 3949 make grants to eligible states to develop, improve, or expand programs that assist child welfare programs with identifying and responding to human trafficking, including children trafficked by a third-party (i.e., not familial) trafficker. In July, the House passed H.R. 6552 and sent the bill to the Senate. You can visit Shared Hope’s campaign site for the TVPRA to ask your Senator to support this necessary legislation.

Trafficking Survivors Relief Act

Finally, in early August, Congress introduced H.R. 8672, the Trafficking Survivors Relief Act (“TSRA”), sponsored by Rep. Owens. The TSRA seeks to permit vacatur, or the complete removal from an individual’s record, for non-violent criminal offenses when the offense was directly related to having been a victim of trafficking. Additionally, the TSRA allows for a “human trafficking defense” so that survivors can assert as a defense to prosecution, that the criminal offense was committed as a result of force or coercion due to their trafficking. Although some states have taken action to address this by allowing trafficking victims to expunge or vacate unjust convictions, Congress has yet to take similar action on this issue, leaving victims with no Federal protection from unjust criminalization. Urge your Congresspeople to take action on the TSRA here.

To learn more about federal legislation that addresses the needs of sex trafficking victims and to take action in support of this critical issue, please visit Shared Hope’s Federal Advocacy Action Center.

If you are a lawmaker or advocate seeking to craft strong laws to fight juvenile sex trafficking and wish to speak with Shared Hope’s Policy Team for technical assistance, please visit request a consultation.

June 15, 2022 by Sidney McCoy

Legislative Update Series: State Juvenile Justice and Access to Services

As Congress heads into Summer Recess and 27 of the 46 states in session in 2022 have adjourned for the calendar year, Shared Hope is doing a legislative update blog series on state and federal laws that have been introduced and enacted with the potential to impact survivors of child and youth sex trafficking. In the first blog we focused on state non-criminalization laws. In this second blog we look at state laws that impact juvenile justice and access to services.

Another priority issue in this year’s state legislative sessions has been juvenile justice. Many children who have been commercially sexually exploited have been involved in the juvenile justice system, either prior to their exploitation or as a result of their victimization. It is critical that juvenile justice agencies, as child serving entities, know how to properly identify victims at risk of child sex trafficking and sexual exploitation and provide access to specialized services to ensure that they avoid harsh punitive measures. A number of states introduced legislation. Notably, Tennessee passed SB1037/HB1100 amends the Code to require the Department of Children’s Services, the Council of Juvenile and Family Court Judges, and other agencies to work together to develop a mechanism to identify and provide services to sexually abused or trafficked children. Additionally, Tennessee legislature passed SB2400/HB2147, which requires the Tennessee Department of Children’s Services to develop screening/assessment tools to evaluate at risk system-involved youth and require distribution to Department of Juvenile Justice for use with justice-involved youth. Additionally, SB2400/HB2147 provides certain protections to child sex trafficking victims in the courts, including raising the age in which minors can use CCTV in a courtroom to testify from 13 years old to 18 years old requiring the juvenile court to consider past trauma or abuse, including trafficking victimization, when deciding of whether to transfer a juvenile to adult court consistent with Shared Hope’s framework. Finally, SB2400/HB2147 provides affirmative defense for minor victims to trafficking charge and provides sentencing mitigation provision based on duress as a trafficking victim

Other notable juvenile justice legislation enacted this year by state legislatures include:

California SB827 Repeals provisions that authorize a prosecutor to begin a criminal case against a minor in a criminal court and that would impose an adult sentence for a minor convicted in criminal court and not transferred to juvenile court; authorizes a person who is 19 to 24 years of age to petition for a return to a juvenile facility, to conform with the age of eligibility for a petition to transfer to an adult facility.
Maryland HB459/SB691 raises the minimum age a child can be charged in juvenile court to 13, consistent with Shared Hope’s framework and international standards.
Nevada AB230 eliminates the mandatory certification of a child as an adult for certain offenses and provides instead for the discretionary certification of a child for criminal proceedings as an adult for all offenses over which the juvenile court has exclusive jurisdiction.
New York A8739 increases minimum age for juvenile court jurisdiction to 12 years of age and increases maximum age for juvenile court jurisdiction to include older minors (16 & 17) for certain offenses age for juvenile court jurisdiction.

Access to Services

Ensuring that comprehensive, trauma-informed, individualized services are provided to victims is vital. Without access to services, victims remain at risk of re-exploitation. Shared Hope supports states’ use of multiple entry points for child survivors to receive specialized services, including child welfare, juvenile justice, and non-system involved entry points such as regional navigators or Minnesota’s No Wrong Door model.

A number of states passed legislation that would expand access to services for children and youth survivors of sex trafficking. Tennessee passed sweeping reform, including SB2739/HB2591 which requires the Department of Children’s Services and the Department of Human Services to collaborate to provide recommendations to the General Assembly on resources and services specific to persons from 18 to 24 years of age who have been victims of child sex trafficking. Additionally, Tennessee passed SB2740/HB2592 which requires several states agencies to develop recommendations on the creation of multidisciplinary teams to provide responses specific to child sex trafficking cases and SB2400/HB2147 which requires human trafficking non-profits to sit on child welfare investigation MDTs for all child sex trafficking cases. SB2400/HB2147 also requires child welfare to determine specialized services for child sex trafficking victims and requires Department of Children’s Services to develop policy for serving foreign national child victims.

Other notable juvenile justice bills include Delaware’s HB271 which amends state law to requires the Delaware Department of Services for Children, Youth, and Their Families to provide transitional services beginning at 16 years old and expands eligibility from under 21 to under 23 years of age which was enacted and Maine’s HP605 which adds child sex trafficking to definition of abuse and removes caregiver barrier for child sex trafficking cases to ensure that victims are able to access services through a child welfare response.

Supporting Resources:

JuST Response Council: Protective Response Model

To learn more about state legislation that addresses the needs of sex trafficking victims and to take action in support of this critical issue, please visit Shared Hope’s State Advocacy Action Center.