[§10607. Transferred — transferred] — Inbound Citations

Code of Federal Regulations Citations

Cited by 4 regulations in the Code of Federal Regulations.

• 28 C.F.R. § 1100.25 — Definitions.

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  In this subpart, the following definitions apply:

• 28 C.F.R. § 1100.29(a) — The roles and responsibilities of federal law enforcement, immigration, and Department of State officials under the Trafficking Victims Protection Act (TVPA).

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  (a) The various agencies, bureaus, boards, divisions, programs, and offices of the DOJ have most of the responsibilities assigned by section 107(c). The goals of section 107(c) are to identify victims of severe forms of trafficking in persons as early as possible in the investigation and prosecution process, to ensure efforts are made to see that such victims are accorded the rights described in 42 U.S.C. 10606, and to provide the protections and services required under 42 U.S.C. 10607 and under the TVPA.

• 28 C.F.R. § 1100.31(d) — Procedures for protecting and providing services to victims of severe forms of trafficking in persons in federal custody.

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  (d) As mandated by 42 U.S.C. 10607, federal officials are responsible for arranging for victims to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender. Federal law enforcement agencies also should protect victims of a severe form of trafficking in persons from harm and intimidation pursuant to section 6 of the Victim and Witness Protection Act of 1982 and 18 U.S.C. 1512 note. It may also be appropriate to discuss with the victims the available remedies described in 18 U.S.C. 1512 and 1513. Federal officials also should employ civil procedures for protecting victims and witnesses, including application for temporary restraining orders and protective orders, as set out in 18 U.S.C. 1514, if practicable. If the victim's safety is at risk or if there is danger of the victim's recapture by the trafficker, the responsible official should take the following steps under the TVPA:

  (1) Use available practical and legal measures to protect the trafficked victim and family members from intimidation, harm, and threats of harm; and

  (2) Ensure that the names and identifying information pertaining to trafficked victims and family members are not disclosed to the public.

• 28 C.F.R. § 1100.37(a) — Requirements to train appropriate personnel in identifying and protecting victims of severe forms of trafficking in persons.

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  (a) The TVPA requires that appropriate DOJ and DOS personnel be trained in identifying victims of severe forms of trafficking in persons and providing for the protection of such victims. These federal personnel will be trained to recognize victims and provide services and protections, as appropriate, in accordance with the TVPA, 42 U.S.C. 10606 and 10607, and other applicable victim-assistance laws. Specifically, the training will include, as applicable:

  (1) Procedures and techniques for identifying victims of severe forms of trafficking in persons;

  (2) Rights of crime victims, including confidentiality requirements;

  (3) Description of the services available to victims of severe forms of trafficking in persons at the investigation, prosecution, and, where applicable, correction stages of the law enforcement process;

  (4) Referral services to be provided to victims of severe forms of trafficking in persons;

  (5) Benefits and services available to alien victims of severe forms of trafficking in persons regardless of their immigration status;

  (6) Particular needs of victims of severe forms of trafficking in persons;

  (7) Procedures and techniques for dealing with specialized needs of victims who may face cultural, language, and/or other obstacles that impede their ability to request and obtain available services for themselves; and

  (8) Protection obligations of responsible officials under federal law and policies, as these apply to victims of severe forms of trafficking in persons.

Citations to 42 U.S.C. § 10607 as a whole

• 18 U.S.C. § 3771(a)(10)

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  (10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607(c))¹ and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice.