Section 236.5 Of Chapter 8. False Imprisonment And Human Trafficking From California Penal Code >> Title 8. >> Part 1. >> Chapter 8.
236.5
. (a) Within 15 business days of the first encounter with a
victim of human trafficking, as defined by Section 236.1, law
enforcement agencies shall provide brief letters that satisfy the
following Law Enforcement Agency (LEA) endorsement regulations as
found in paragraph (1) of subdivision (f) of Section 214.11 of Title
8 of the Code of Federal Regulations.
(b) The LEA must be submitted on Supplement B, Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons, of Form
I-914. The LEA endorsement must be filled out completely in
accordance with the instructions contained on the form and must
attach the results of any name or database inquiry performed. In
order to provide persuasive evidence, the LEA endorsement must
contain a description of the victimization upon which the application
is based, including the dates the trafficking in persons and
victimization occurred, and be signed by a supervising official
responsible for the investigation or prosecution of trafficking in
persons. The LEA endorsement must address whether the victim had been
recruited, harbored, transported, provided, or obtained specifically
for either labor or services, or for the purposes of a commercial
sex act.
(c) Where state law enforcement agencies find the grant of a LEA
endorsement to be inappropriate for a victim of trafficking in
persons, the agency shall within 15 days provide the victim with a
letter explaining the grounds of the denial of the LEA. The victim
may submit additional evidence to the law enforcement agency, which
must reconsider the denial of the LEA within one week of the receipt
of additional evidence.