Police Department Policy

384314

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to outline procedures for recognizing, responding to, and conducting an investigation of possible incidents of Human Trafficking. Additionally, it will provide information on Federal immigration and information on obtaining a visa. 2. Policy A. It is the policy of the Orange County Sheriff's Office to confirm that all individuals within the jurisdiction of Orange County are protected in the exercise of rights and privileges under the laws of the State of Florida and the United States. B. The Sheriff's Office shall take an active role in conjunction with the agencies of the Federal Government to confirm a complete and thorough investigation into possible incidents of Human Trafficking. 3. Definitions A. The " Trafficking Victims Protection Act " (TVPA), as amended and reauthorized defines severe forms of human trafficking in persons as: 1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform such act has not attained 18 years of age; or 2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion, for the purpose of subjecting that person to involuntary servitude, peonage, debt bondage, or slavery. Note : In addition to the above criteria, the federal TVPA now makes provisions allowing domestic (non -immigrant) citizens to be classified as trafficking victims. Effective Date: April 8, 2024  Amends - GO 6.2.30 ( November 6, 2019 ) Number: 6.2.30 Distribution: All Sworn Personnel Review Month: May Reviewing Authority: Sheriff / MBI / Legal Services Subject: Human Trafficking, Immigration, and Visas 6.2.30, Page 2 of 5 B. Human Trafficking – Per FS 787.06 , is transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring or obtaining another person for the exploitation of that person. 4. Procedures A. Criteria for Reporting an Actual or Suspected Case of Human Trafficking 1. In the event a deputy responds to the scene of an actual or suspected incident of Human Trafficking, the deputy shall notify his supervisor of the details surrounding the incident. There is a great likelihood that the deputy will be responding to another crime such as, robbery, fraud, sexual battery, prostitution, assault, kidnapping/false imprisonment, extortion, or battery. Should this be the case, the responding deputy shall follow the current written directives for the particular crime involved. 2. Upon the completion of the responding deputy’s initial investigation he/she shall notify the on-call Metropolitan Bureau of Investigation’s (MBI) vice agent of the actual or suspected incident of Human Trafficking. This notification will be made prior to the deputy leaving the scene of the incident. MBI shall determine if any follow -up investigation is needed. B. Investigative Procedures 1. The responding deputy should attempt to establish if an incident of Human Trafficking has occurred. To assist with that task, the following indicators should be reviewed. a. The victim’s living/ working conditions: 1. Live on or near work premises; 2. Large number of occupants for living space; 3. Restricted or controlled communication; 4. Not allowed to leave their worksite or home (look for bars on windows, surveillance equipment, doors with locks on the outside rather than the inside). b. Victims may lack the following: 1. Personal items/possessions (All their belongings are in one backpack, for example); 2. Private space (Multiple individuals sharing a small space, such as mattresses on the floor, or only a sheet for a divider); 3. Cell phones, calling cards, passports or identification (as often the suspect will hold these as a means of controlling the victim); 4. Financial records; 5. Knowledge about how to get around in the community. c. Personal Physical Indicators: 1. Injuries from beatings or weapons; 2. Signs of torture; 3. Fearful and/or reluctant to speak to police about who they are or any other personal details. C. A victim of Human Trafficking does not have to be an immigrant. Although the majority of victims will not be U.S. citizens, the TVPA recognizes domestic trafficking 6.2.30, Page 3 of 5 victims, as well. This may include transients, homeless individuals, or teenage runaways. 1. Other Indicators: a. Someone else has possession of legal/travel documents; b. Existing debt issues; c. Third party who insists on interpreting (this may be the violator); d. Security intended to keep victims confined. 2. Difference between Human Trafficking and Smuggling: TRAFFICKING SMUGGLING Must contain an element of force,

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