Wisconsin Legislative Council ACT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Prepared by: Tom Koss, Staff Attorney April 1, 2024 2023 Wisconsin Act 239 [2023 Assembly Bill 978] Creation of a Human Trafficking Council 2023 WISCONSIN ACT 239 2023 Wisconsin Act 239 creates a Human Trafficking Council that is attached to the Department of Justice (DOJ). The act also establishes the membership and duties of the council. The council’s membership includes the representatives of certain state agencies, members of the Legislature, law enforcement officers, and representatives of organizations that provide human trafficking victim support services. The act requires the council to do the following: Compile and maintain an inventory of human trafficking prevention programs and services in Wisconsin and develop, maintain, and keep current an online database to share information among certain governmental bodies and organizations. Beginning on July 1, 2028, and once every three years thereafter, define, review, and assess the efficacy of the expenditure of state funds allocated to human trafficking prevention. Compile data on human trafficking offenses committed in Wisconsin using metrics the council determines to be of use. Assess sex trafficking activities in each county, establish criteria to be used as the basis for recommendations to counties, and make recommendations as to whether a county should establish a human trafficking task force and whether a law enforcement agency in a county should designate a law enforcement officer to coordinate the law enforcement agency’s human trafficking and prevention efforts. Assess the regulation and oversight of facilities that provide residential care in a congregate living environment. Assess the frequency and extent to which social media platforms are used to assist, facilitate, or support human trafficking in Wisconsin; establish a process to detect such use on a consistent basis; and develop recommendations on how to stop, reduce, or prevent social media platforms from being used for human trafficking purposes. Develop a state strategic plan for preventing human trafficking, providing resources for law enforcement initiatives, providing resources to organizations that provide human trafficking prevention programs and services or victim support services and programs, and creating or providing access to relevant training programs for law enforcement or such organizations. In consultation with DOJ, develop a model protocol for interviewing and interacting with victims of human trafficking offenses. Develop a model training program for counties relating to reducing interest in solicitation by individuals who solicit or facilitate commercial sex acts. - 2 - By July 1 of each year, submit to the Legislature and post online a report that summarizes the data collected by the council, the council’s activities, and any obstacles that prevented the council from successfully carrying out its duties during the previous year. The council’s third report must include a recommendation as to whether the council should continue to operate after June 30, 2029, and recommendations relating to moving the council’s ongoing initiatives to other governmental bodies. The act allows the council to request, and requires DOJ and the Department of Administration to collaborate to provide, any data necessary to carry out the council’s duties. The act further provides that, in any county that has received a recommendation to create a human trafficking task force, the county board must review the recommendation and is encouraged to establish a sex trafficking task force that includes representatives from law enforcement agencies, county departments, and local nonprofit groups to coordinate efforts to combat sex trafficking in that county. Similarly, under the act, each person in charge of a law enforcement agency in a county that has received a recommendation from the council is encouraged to designate a law enforcement officer to coordinate the law enforcement agency’s human trafficking prevention and enforcement efforts. The act also requires the Law Enforcement Standards Board to develop a list of recommended training courses for law enforcement officers related to: preventing, recognizing, and investigating human trafficking; apprehending and prosecuting human traffickers; and coordinating human trafficking response efforts with other law enforcement agencies and organizations. Effective date: The act’s provisions are created effective July 1, 2025, and repealed effective June 30, 2029. For a full history of the bill, visit the Legislature’s bill history page. TK:ksm