Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision of a minor who is alleged to have committed a crime in lieu of requesting that the prosecuting attorney file a petition to declare the minor a ward of the juvenile court. Existing law makes a minor ineligible for this program of supervision if he or she has previously participated in a program of supervision.

Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.

This bill would require the probation officer, in a case in which a minor is alleged to have committed those prostitution-related offenses, to delineate a specific program of supervision for the minor in lieu of requesting that the prosecuting attorney file a petition to have the minor declared a ward of the juvenile court. The bill would also allow these minors to participate in a program of supervision even if they have previously participated in a program of supervision. The bill would further require the probation officer to make a report to the county child welfare agency if the officer has reason to believe the minor is the victim of abuse or neglect, as specified. By increasing the duties of probation officers, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision of a minor who is alleged to have committed a crime in lieu of requesting that the prosecuting attorney file a petition to declare the minor a ward of the juvenile court. Existing law makes a minor ineligible for this program of supervision if he or she has previously participated in a program of supervision.

Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.

This bill would require the probation officer, in a case in which a minor is alleged to have committed those prostitution-related offenses, to delineate a specific program of supervision for the minor in lieu of requesting that the prosecuting attorney file a petition to have the minor declared a ward of the juvenile court. The bill would also allow these minors to participate in a program of supervision even if they have previously participated in a program of supervision. By increasing the duties of probation officers, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision of a minor who is alleged to have committed a crime in lieu of filing requesting that the prosecuting attorney file a petition to declare the minor a ward of the juvenile court. Existing law makes a minor ineligible for this program of supervision if he or she has previously participated in a program of supervision.

Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.

This bill would require the probation officer, in a case in which a minor is alleged to have committed those prostitution-related offenses, to delineate a specific program of supervision for the minor in lieu of filing requesting that the prosecuting attorney file a petition to have the minor declared a ward of the juvenile court. The bill would also allow these minors to participate in a program of supervision even if they have previously participated in a program of supervision. By increasing the duties of probation officers, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Under existing law, a child may come within the jurisdiction of the juvenile court and become a dependent child of the court under certain circumstances, including in cases of abuse and neglect. Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Existing law authorizes a probation officer, in certain circumstances, to delineate a specific program of supervision of a minor who is alleged to have committed a crime in lieu of filing a petition to declare the minor a ward of the juvenile court.

Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.

This bill would specify that a minor who commits those crimes is not subject to the delinquency jurisdiction of the juvenile court, but he or she may be adjudged a dependent child of the juvenile court. require the probation officer, in a case in which a minor is alleged to have committed those offenses, to delineate a specific program of supervision for the minor in lieu of filing a petition to have the minor declared a ward of the juvenile court. By increasing the duties of probation officers, this bill would impose a state-mandated local program.

Under existing law, a child may come within the jurisdiction of the juvenile court and become a dependent child of the court under certain circumstances, including in cases of abuse and neglect. Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified.

Existing law makes it a misdemeanor for a person to solicit or engage in any act of prostitution or to loiter in a public place in a manner and under circumstances manifesting the purpose and with the intent to commit prostitution.

This bill would specify that a minor who commits those crimes is not subject to the delinquency jurisdiction of the juvenile court, but he or she may be adjudged a dependent child of the juvenile court.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1675 (Mark Stone) - Juveniles: prostitution

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1675 would require a probation officer, in cases in which a minor is alleged to have committed a specified prostitution-related offense, to provide informal supervision of the minor in lieu of requesting a prosecutor to file a formal delinquency petition, as specified. This bill would require the probation officer to make a report to the child welfare agency and the child welfare agency to investigate the report, as specified.

Fiscal Impact:

• Mandated informal probation: Potentially significant ongoing increase in probation supervision costs in the hundreds of thousands of dollars statewide, potentially state-reimbursable (General Fund), to provide services that otherwise may not have been provided had a formal delinquency petition been filed. DOJ statistics indicate 368 arrests in 2013, 267 arrests in 2014, and 235 arrests in 2015 of minors for the prostitution-related offenses specified in this measure.
• Probation reports to child welfare services: Potential increase in the number of reports to child welfare agencies by probation officers (Local Funds), however, no projected increase in the level of service provided under existing requirements of probation departments to comply with the mandated reporting requirement to child welfare services. Under existing law, whenever a minor appears to come within the description of both dependency and delinquency jurisdiction, the county probation department and the child welfare services department are required to coordinate to initially determine which status will serve the best interests of the minor and the protection of society (WIC § 241.1(a).).
• Child welfare services: Potential increase in child welfare services costs in excess of $150,000 (General Fund*) annually to the extent this bill results in additional reports to child welfare agencies, subsequently prompting additional investigations, assessments, and services that otherwise may not have been provided.
• Local correctional facilities: Potential local agency cost savings (Local Funds) resulting from the reduced detention of minors in juvenile facilities.
• Proposition 30*: Exempts the State from mandate reimbursement for realigned responsibilities for “public safety services” including child welfare services and the provision of treatment and services for juvenile and adult offenders, however, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for public safety services apply to local agencies only to the extent that the State provides annual funding for the cost increase. The provisions of Proposition 30 have not been interpreted through the formal court process to date, however, to the extent the local agency costs resulting from this measure are determined to be applicable under the provisions of Proposition 30, could result in additional costs to the State.

Background:

Current law provides that the purpose of juvenile court law “is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public.” (Welfare and Institutions Code (WIC) § 202.)

Existing law generally authorizes a probation officer to provide a period of informal supervision for a period of up to six months in lieu of filing a dependency petition or delinquency petition for a minor who appears to be likely to come within the jurisdiction of the juvenile court, as specified. (WIC § 654.)

Under existing law, a probation officer may file a dependency petition or request the prosecuting attorney to file a delinquency petition at any time within the six-month period or a 90-day period thereafter. If the probation officer determines that the minor has not involved himself or herself in the specific programs within 60 days, the probation officer is required to immediately file a petition or request that a petition be filed by the prosecuting attorney. However, when in the judgment of the probation officer the interest of the minor and the community can be protected, the probation officer is required to make a diligent effort to proceed with informal probation. (WIC § 654.)

Existing law specifies numerous circumstances under which a minor is ineligible for informal probation including but not limited to a petition alleges that the minor has sold or possessed for sale a controlled substance, or the minor has previously participated in a program of informal supervision. (WIC § 654.3.)

Proposed Law:

This bill would require in any case in which a minor has been alleged to have violated one of the prostitution-related offenses listed below, the probation officer, in lieu of requesting that a petition be filed by the prosecuting attorney to declare the minor a ward of the court, to proceed and delineate a specific program of supervision (informal probation) for the minor:

• Penal Code § 647(b) - soliciting or agreeing to engage in or engaging in any act of prostitution.
• Penal Code § 653.22 - loitering in any public place with the intent to commit prostitution.

This bill provides an exception for the cases specified in this measure from the prohibition from providing informal supervision to minors who have previously participated in a program of informal supervision.

In addition, this bill requires the probation officer to make a report to the county child welfare agency if the officer has reason to believe the minor is a person described in WIC § 300 (dependency, a victim of abuse and/or neglect), and requires the child welfare agency to investigate the report.

Related Legislation: SB 1322 (Mitchell) 2016 would prohibit a minor from being arrested for a prostitution offense, as specified, and would provide that a commercially exploited child pursuant to the bill’s provisions may be adjudged a dependent child of the court, as specified, and may be taken into temporary custody if the conditions allowing temporary custody without warrant are met. SB 1322 has been ordered to Third Reading on the Assembly Floor.

SB 1064 (Hancock) 2016 would eliminate the sunset date on the discretionary Sexually Exploited Minors Pilot Project in Alameda and Los Angeles Counties, to operate indefinitely. SB 1064 would expand the definition of “commercially sexually exploited minor” served by the program to include, among others, minors who have been adjudged dependents of the juvenile court. SB 1064 has been ordered to Third Reading on the Assembly Floor.

AB 1730 (Atkins) 2016 would authorize a chief probation officer of a county to create a program to provide services to youth within the county relating to the commercial sexual exploitation of youth. Funding for the program is contingent upon an appropriation in the annual Budget Act, to be administered by the Board of State and Community Corrections. AB 1730 is scheduled to be heard today by this Committee.

AB 1731 (Atkins) 2016 would create the Statewide Interagency Human Trafficking Task Force to gather statewide data on human trafficking, to recommend interagency protocols and best practices for training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter sex trafficking, and to evaluate and implement approaches to increase public awareness about human trafficking. AB 1731 is scheduled to be heard today by this Committee.

AB 1760 (Santiago) 2016 would have directed a peace officer who determines that a minor is a victim of human trafficking to report such abuse, consult with a child welfare worker about a safe placement for the minor, and transport the minor to such placement, unless the minor is otherwise arrested. AB 1760 was held on the Suspense File of the Assembly Appropriations Committee.

AB 2723 (Chavez) 2016 would expand the population of children eligible to be adjudged dependents of the juvenile court to include a child who solicits or engages in any act of prostitution or loiters in a public place with the intent to commit prostitution, as specified. AB 2723 is pending hearing in this Committee.

Staff Comments:

By requiring probation officers to provide informal supervision to minors who allegedly have committed specified prostitution-related offenses, this bill creates a state-mandated local program, potentially resulting in significant ongoing state-reimbursable costs for services and programs the probation departments may not have otherwise provided if not so mandated. Additionally, expanding eligibility for informal supervision to minors who have previously participated in a program of informal supervision (which is currently prohibited under existing law) may have the effect of increasing the ongoing program costs to probation departments. To the extent the Commission on State Mandates determines these requirements create a higher level of service on local probation departments, local agencies could claim reimbursement for these costs.

Based on information from the DOJ, 235 minors were arrested for the prostitution-related offenses specified in this measure in 2015. To the extent these minors are provided informal probation in lieu of pursuing delinquency jurisdiction under the juvenile court, probation departments could incur additional costs to provide services in the hundreds of thousands of dollars annually.

To the extent the referral to child welfare services prompts an investigation and possible consideration under dependency jurisdiction, the one-time costs, not including services, for an initial screening and assessment for eligibility under the Commercially Sexually Exploited Children (CSEC) program for 235 minors is estimated to cost about $150,000 (General Fund). To the extent these minors are adjudged dependents of the juvenile court, additional future costs to provide services and grants within the dependency system of care under the CSEC Program could be incurred.

This bill could potentially result in significant future cost savings to numerous state and local agencies, including but not limited to the courts, state prisons, local correctional facilities, and human services agencies to the extent providing informal supervision to these minors and providing them with necessary supportive services in lieu of filing for delinquency jurisdiction results in reductions in future involvement in the criminal justice system.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 1675 Hearing Date: June 21, 2016

Subject: Juveniles: Prostitution

HISTORY

Source: Equality California

Prior Legislation: None

Support: American Civil Liberties Union of California; California Attorneys for Criminal Justice; California Public Defenders Association; Legal Services for Prisoners with Children

Opposition: California District Attorneys Association; San Diego District Attorney

Assembly Floor Vote: 76 - 0

PURPOSE

The purpose of this bill is to require that minors accused of prostitution-related crimes be subject to informal probation in lieu of a formal delinquency petition, as specified.

Under current law, the purpose of juvenile court law “is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public.” (Welfare and Institutions Code (“WIC”) § 202.)

Current law generally authorizes probation to provide a period of informal probation for a period of up to six months in lieu of filing a delinquency petition for a minor who appears to be likely to come within the delinquency jurisdiction of the juvenile court, as specified. (WIC § 654.)

Current law generally authorizes courts to order minors subject to a delinquency petition with a period of informal or formal probation, as specified. (WIC §§ 654.2, 725 and 727.)

This bill would enact a new law to require that, in lieu of requesting that a petition be filed by the prosecuting attorney to declare the minor a delinquent ward of the court, probation shall provide informal probation for the minor “and delineate a specific program of supervision for the minor”
where a minor is alleged 1) to have solicited, agreed to engage in, or who engages in any act of prostitution, as defined in Penal Code section 647(b), or 2) to have loitered with intent to commit prostitution, as defined in Penal Code section 653.22.

This bill would provide that in addition to providing informal probation supervision in these cases, the probation officer would be required to make a report to the county child welfare agency if the officer has reason to believe the minor is a dependent ward of the juvenile court, as specified.

This bill would require the child welfare agency to investigate the report, as specified.

Current law excludes minors from being eligible for informal probation supervision for certain alleged offense categories, as specified. (WIC § 654.3.)

This bill would provide that a minor who “will be participating in the program of supervision” required by this bill would be eligible for informal probation, as specified.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Stated Need for This Bill

The author states:

While California law states that children cannot consent to sex, children continue to be convicted as prostitutes. The majority of these children are trafficked and forced, induced or coerced into commercial sex. Others are runaways who find themselves on the streets with no other means to survive. All are victims.

Fortunately, children who are involved in prostitution are beginning to be treated and provided services as victims. Task forces, programs and services have been put into place, and even scarce public dollars have been allocated to help these children. However, the fact remains that these children will always be viewed -- and more importantly, treated -- as criminals as long as they are wards of delinquency and can be prosecuted as prostitutes.

AB 1675 would continue to allow for the detainment or arrest of a minor who law enforcement believes is engaging in prostitution.

However, the bill provides that, instead of facing prosecution, the minor can receive much-needed support, including but not limited to, mental health and educational services.

1. Informal Supervision Rather Than Wardship; What This Bill Would Do

Juvenile delinquency actions are begun by the filing of a petition under Welfare and Institutions Code section 602. The petition alleges criminal offenses and is brought by the district attorney.

In lieu of the filing of a petition, current law authorizes probation to provide a period of informal supervision, known as informal probation, for relatively low level offenses. (WIC §§ 654, 654.2.) If the probation officer concludes that the minor is within the juvenile court's jurisdiction, or likely soon will be, the officer can delineate a specific program of supervision for the minor for up to six months to try to adjust the situation that brings the minor within the juvenile court's jurisdiction. (WIC § 654; In re Adam R. (1997) 57 Cal.App.4th 348.)

The discretion to initially determine whether to institute informal supervision against the minor rests with the probation officer and cannot be delegated to the prosecution. (Charles S. v. Superior Court (1982) 32 Cal.3d 741, 746.)

Informal supervision is a voluntary contract between the probation officer, the minor, and the parents or guardians. The juvenile may be placed on informal probation for up to six months. If the juvenile successfully completes this program, the case is then closed. If the juvenile is unsuccessful at any time during the six-month period, the probation department may make a referral to the district attorney's office for a formal petition to the juvenile court. (WIC § 654.) Importantly, the court cannot require a minor to admit the truth of the petition before granting informal supervision. (In re Ricky J. (2005) 128 Cal.App.4th 783.)

This bill would require probation to put a minor alleged to have engaged in a prostitution crime on informal probation in lieu of requesting that a delinquency petition be filed on the minor. Unlike current law, which authorizes but does not require informal probation in lieu of a formal filing, this bill would require informal probation for prostitution offenses. The bill would revise the existing provision that excludes minors who have previously been on informal probation from getting it again, to provide that this exclusion would not apply to a minor “who will be participating” in informal probation because of a prostitution offense. The bill also would require probation to make a report to county child welfare, as specified.

1. Background: Commercial Sexual Exploitation of Minors

Addressing the treatment of children who engage in acts of prostitution has been an issue policy makers have been examining closely in recent years. Earlier this year this Committee passed SB 1322 (Mitchell), which would decriminalize prostitution committed by minors. That bill is pending in the Assembly.

As explained in this Committee’s analysis of SB 1322, recent years have seen a great increase in awareness of and concerns about minors – most often girls - engaged in commercial sex activities. Organized, coerced trafficking has received the most attention. Sex trafficking has been described as sexual slavery. Trafficked minors are isolated, controlled by and made dependent on their exploiters, and can even be perversely loyal because of the manufactured dependency.

A 2013 report on commercial sexual exploitation of minors published by the Institute of Medicine (supported by a grant between the National Academy of Sciences and the U.S. Department of Justice) concluded in part:

It is important to understand that commercial sexual exploitation and sex trafficking of minors are manifestations of child abuse. By doing so, one can gather valuable insights from the nation’s work on child abuse and neglect over the past several decades and gain a better understanding of the challenges that must be overcome to confront these crimes. . . .

This report reveals that the complex needs of these young people are not being adequately met by either criminal justice or child protection systems. Further, mandatory reporting of suspected cases will not help these youth if the resources they need are unavailable. It is time to refocus the perspective on these problems and direct efforts toward preventing commercial sexual exploitation and sex trafficking of minors; identifying youth at risk and those who have become ensnared; and developing effective, evidence- and trauma-informed approaches that can enable them to reclaim their lives.

. . . The committee’s ultimate goals in this report are to identify what is known about commercial sexual exploitation and sex trafficking of minors and to define strategies for improving prevention and identification of and interventions for victims and survivors of these crimes. As noted in Chapter 1, the committee was guided in its work by three principles:

1. Commercial sexual exploitation and sex trafficking of minors should be understood as acts of abuse and violence against children and adolescents.
2. Minors who are commercially sexually exploited or trafficked for sexual purposes should not be considered criminals.
3. Identification of victims and survivors and any intervention, above all, should do no further harm to any child or adolescent.^[1]

This report included the following recommendation:

All national, state, local, tribal, and territorial jurisdictions should develop laws and policies that redirect young victims and survivors of commercial sexual exploitation and sex trafficking from arrest and prosecution as criminals or adjudication as delinquents to systems, agencies, and services that are equipped to meet their needs. Such laws should apply to all children and adolescents under age 18.

Drawing on its analysis of federal, state, tribal, and local laws and their application . . . , as well as new understandings of adolescent development . . . , the committee concluded that current laws are inadequate to prevent, identify, and respond to commercial sexual exploitation and sex trafficking of minors. Therefore, the committee urges states and local, tribal, and territorial jurisdictions to develop laws that, at a minimum,

• prevent commercially sexually exploited children and adolescents from being arrested or prosecuted for prostitution;
• provide victims and survivors of commercial sexual exploitation and sex trafficking of minors with needed support services; and
• apply to children and adolescents at least up to age 18.

These laws will need to be evaluated over time to determine best practices. Further, laws and practices that divert victims from the criminal or juvenile justice system to the child welfare system to receive supportive services could include older adolescents (over age 18) who have been victims of commercial sexual exploitation or sex trafficking since childhood. The committee believes a number of other recent legislative initiatives may also merit further consideration, with care being taken to avoid adverse consequences for victims and survivors while maintaining strong penalties for exploiters. These initiatives include decriminalization of prostitution for minors in recognition that they are victims, not criminals. . . . . (emphasis in original)^[2]

Members may wish to discuss whether, in cases where a minor is alleged to have violated a prostitution crime, informal probation rather than the filing of a delinquency petition should be required, as proposed by this bill.

1. Opposition

The San Diego District Attorney’s office opposes this bill, stating in part:

The juvenile justice system’s primary goal is for rehabilitation, in addition to accountability, and protecting the public. Already, . . . the probation department has the authority to proceed informally, place a juvenile on a voluntary contract, and divert the juvenile from delinquency proceedings by offering services. While counseling is an important first step in rehabilitating those who commit these violations, without the possibility of delinquency proceedings in the event of repeated failures at diversion, the bill eliminates an important incentive to succeed. . . .

. . . (T)he message sent to juveniles, that prostitution is not a crime, may have the unintended consequence of encouraging rather than discouraging this kind of behavior, which may be considered by them to be an enterprising way of earning money.

-- END –

1. IOM (Institute of Medicine) and NRC (National Research Council). 2013. Confronting commercial sexual exploitation and sex trafficking of minors in the United States. Washington, DC: The National Academies Press. ↑

2. Id. ↑

Date of Hearing: May 11, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1675

Author:(Mark Stone) – As Amended Ver:April 19, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires a probation officer, in a case in which a minor is alleged to have committed the crime of solicitation, prostitution, or loitering with the intent to commit prostitution, to provide informal supervision for the minor, instead of requesting that the prosecutor file a petition declaring the minor to be a ward of the juvenile court.

FISCAL EFFECT:

Minor costs to county probations departments as they already can recommend informal probation.

COMMENTS:

1. Background. Current law states that, in a case where the probation officer concludes that a minor is within the jurisdiction of the juvenile court or will probably soon be within that jurisdiction, he or she may delineate a specific program of informal supervision for the minor instead of filing a delinquency or dependency petition, if the minor and the minor's parent or guardian consent. However, a program of informal supervision excludes minors alleged to have committed certain offenses, or if the minor has previously participated in the program.
2. Purpose. According to the author, "While California law states that children cannot consent to sex, children continue to be convicted as prostitutes. The majority of these children are trafficked and forced, induced or coerced into commercial sex. Others are runaways who find themselves on the streets with no other means to survive. All are victims.

"Fortunately, children who are involved in prostitution are beginning to be treated and provided services as victims. Task forces, programs and services have been put into place, and even scarce public dollars have been allocated to help these children. However, the fact remains that these children will always be viewed -- and more importantly, treated -- as criminals as long as they are wards of delinquency and can be prosecuted as prostitutes."

This bill diverts minors from the juvenile delinquency system while providing needed services under the supervision of the probation department. AB 1675 creates a process of informal supervision for minors alleged to be involved in prostitution to be diverted from the delinquency court process, so that these children can still receive support services with the help of the probation department, without the immediate threat of criminal sanctions. It requires probation officers to initially provide informal supervision in these types of cases, rather than having the prosecutor file a delinquency petition asking the court to declare the

minor a ward of the court. This program will be available to these minors even if they participated in informal supervision in the past.

Proposed to be Amended in Committee. Per author’s office, and Public Safety Committee Analysis, the intent of this bill is to apply it to minors involved in commercial sex; however, as currently drafted, it also applies to several other miscellaneous offenses, including panhandling, or lodging in public or private property without permission. Committee amendments will correct this error.

1. Support: According to the California Attorneys for Criminal Justice, "This bill would move from the over-criminalization of minors that participate in acts of prostitution and move towards providing diversion programs, preventing the minor from being declared a ward of the juvenile court.”
   
2. Related Legislation:
   
   1. AB 1760 (Santiago), also on today’s agenda, directs a peace office to take specific action when coming in contact with person who may be a victim of human trafficking. AB 1760 also imposes a number or requirements on the Department of Social Services (DSS), Department of Health Care Services (DHCS), and the Commission on Peace Officer Standards and Training (POST) related to child trafficking. .
      
   2. SB 1322 (Mitchell), in Senate Appropriations Committee, decriminalizes specified prostitution-related offenses committed by a person under 18, but would authorize a peace officer to take a minor into temporary custody. SB 1322 is pending hearing in the Senate Public Safety Committee.
      
3. Prior Legislation:
   
   1. SB 114 (Pavley), Chapter 42, extended the sunset date to January 1, 2017, for the discretionary pilot project related to commercially sexually exploited minors established pursuant to SB 1279 (Pavley), and extended the date for the District Attorney of Los Angeles to submit a report to the Legislature to April 1, 2016.
   2. AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the sunset of the existing Alameda County pilot project relating to sexually exploited minors to January 2017, and requires the Alameda County District Attorney to provide a report to the Legislature on the pilot contingent upon local funding and operation of the pilot by April 2016.

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 5, 2016

Counsel: Sandra Uribe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1675

Author:(Mark Stone) – As Amended Ver:March 28, 2016

SUMMARY:

Requires a program of informal supervision for minors who commit the crimes of solicitation, prostitution, or loitering with the intent to commit prostitution. Specifically, this bill:

1. Requires a probation officer, in a case in which a minor is alleged to have committed the crime of solicitation, prostitution, or loitering with the intent to commit prostitution, to provide informal supervision for the minor, instead of requesting that the prosecutor file a petition declaring the minor to be a ward of the juvenile court.
   
2. Requires the probation officer to delineate a specific program of supervision for the minor.

EXISTING LAW:

1. Provides that anyone who solicits or who agrees to engage in or who engages in any act of prostitution is guilty of a misdemeanor. (Pen. Code, § 647, subd. (a)(2).)
   
2. Makes it a crime to loiter in a public place for the purpose of engaging in prostitution. (Pen. Code, § 653.22.)
   
3. Punishes the crime of loitering with the intent to engage in prostitution as a misdemeanor. (Pen. Code, § 653.26.)
   
4. States that, in a case where the probation officer concludes that a minor is within the jurisdiction of the juvenile court or will probably soon be within that jurisdiction, he or she may delineate a specific program of informal supervision for the minor instead of filing a delinquency or dependency petition, if the minor and the minor's parent or guardian consent. (Welf. & Inst. Code, § 654.)
   
5. Restricts a program of informal supervision to no more than six months. (Welf. & Inst. Code, § 654.)
   
6. Provides that a program of informal supervision may call for the minor to obtain care and treatment for the misuse of or addiction to controlled substances from a county mental health service or other appropriate community agency. (Welf. & Inst. Code, § 654.)
   
7. Provides that a program of informal supervision must require the minor's parents or guardians of the minor to participate with the minor in counseling or education programs. (Welf. & Inst. Code, § 654.)
   
8. Authorizes the probation officer to file a petition, or request that the prosecuting attorney file a petition, at any time within the six-month period or up to 90 days thereafter. (Welf. & Inst. Code, § 654.)
   
9. Excludes minors alleged to have committed certain offenses for participating in a program of informal supervision, except in the unusual case where the interest of justice would best be served and the court gives reasons on the record for its decision. (Welf. & Inst. Code, § 654.3.)
   
10. Authorizes a program of informal supervision specifically for minors charged with driving under influence of alcohol or drugs. (Welf. & Inst. Code, § 654.1.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "While California law states that children cannot consent to sex, children continue to be convicted as prostitutes. The majority of these children are trafficked and forced, induced or coerced into commercial sex. Others are runaways who find themselves on the streets with no other means to survive. All are victims.
   
   "Fortunately, children who are involved in prostitution are beginning to be treated and provided services as victims. Task forces, programs and services have been put into place, and even scarce public dollars have been allocated to help these children. However, the fact remains that these children will always be viewed -- and more importantly, treated -- as criminals as long as they are wards of delinquency and can be prosecuted as prostitutes."
   
2. Informal Supervision Rather Than Wardship: Juvenile delinquency actions are begun by the filing of a petition under Welfare and Institutions Code section 602. The petition alleges criminal offenses and is brought by the district attorney.
   
   But, the Welfare and Institutions Code provides an opportunity for pre-petition informal supervision, also known as diversion. (Welf. & Inst. Code, §§ 654, 654.2.) If the probation officer concludes that the minor is within the juvenile court's jurisdiction, or likely soon will be, the officer can delineate a specific program of supervision for the minor for up to six months to try to adjust the situation that brings the minor within the juvenile court's jurisdiction. (Welf. & Inst. Code, § 654; In re Adam R. (1997) 57 Cal.App.4th 348.)
   The discretion to initially determine whether to institute informal supervision against the minor rests with the probation officer and cannot be delegated to the prosecution. (Charles S. v. Superior Court (1982) 32 Cal.3d 741, 746.)
   

Informal supervision is a voluntary contract between the probation officer, the minor, and the parents or guardians. The juvenile may be placed on informal probation for up to six months. If the juvenile successfully completes this program, the case is then closed. If the juvenile is unsuccessful at any time during the six-month period, the probation department may make a referral to the district attorney's office for a formal petition to the juvenile court. (Welf. & Inst. Code, § 654.)

Importantly, the court cannot require a minor to admit the truth of the petition before granting informal supervision.^[1] (In re Ricky J. (2005) 128 Cal.App.4th 783.)

This bill creates a process of informal supervision for minors alleged to be involved in prostitution to be diverted from the delinquency court process, so that these children can still receive support services with the help of the probation department, without the immediate threat of criminal sanctions. It requires probation officers to initially provide informal supervision in these types of cases, rather than having the prosecutor file a delinquency petition asking the court to declare the minor a ward of the court.

1. Safe Harbor Laws: Legislation containing protective provisions for trafficked children is sometimes called "safe harbor" laws. Common goals identified in safe harbor legislation include: that trafficked children be treated as victims and not prosecuted as prostitutes, that trafficked children be diverted from the justice system and placed in appropriate services.
   
   Safe harbor laws can take different approaches including providing immunity from prosecution for certain offenses by minors, creating an affirmative defense to criminal charges for trafficked victims, providing for the pretrial diversion of trafficked youth, and creating procedures to clear trafficking related criminal convictions from victim's records.
   
   This bill diverts minors from the juvenile delinquency system while providing needed services under the supervision of the probation department.
   
2. Argument in Support: According to the California Attorneys for Criminal Justice, "This bill would move from the over-criminalization of minors that participate in acts of prostitution and move towards providing diversion programs, preventing the minor from being declared a ward of the juvenile court.
   
   “In the past few years, legislators and law enforcement have frequently attempted to pass harsh, draconian laws that increase punishment for persons that are involved in acts of prostitution. However, as we have seen in the past few decades, the over-criminalization, particularly that of youth, has failed as an effective policy. In addition, criminalizing these minors continues the pattern of blaming the victim without looking at the heart of the issue.
   
   “AB 1675 would highlight these minors as victims and provide the much needed diversion and support his vulnerable population requires. By reevaluating our treatment our treatment of these minors, we can avoid treating them as criminals and instead providing much-need support to overcome these obstacles. These minors are victimized without being provided needed rehabilitation, mental health treatment, and educational alternatives. This bill takes the right approach in intervening before the minor is forced into a cycle of crime.”
   
3. Related Legislation:
   
   1. AB 1760 (Santiago) immunizes from prosecution a minor who has engaged in a commercial sex act or who committed a nonviolent crime as a human trafficking victim and instead allows the minor to be adjudged to be a dependent subject to the jurisdiction of the juvenile court. AB 1760 will be heard by this Committee today.
      
   2. AB 1708 (Gonzalez) decriminalizes prostitution by minors. AB 1708 is pending hearing in this Committee.
      
   3. SB 1322 (Mitchell) decriminalizes specified prostitution-related offenses committed by a person under 18, but would authorize a peace officer to take a minor into temporary custody. SB 1322 is pending hearing in the Senate Public Safety Committee.
      
4. Prior Legislation:
   
   1. SB 114 (Pavley), Chapter 42, extended the sunset date to January 1, 2017, for the discretionary pilot project related to commercially sexually exploited minors established pursuant to SB 1279 (Pavley) and extended the date for the District Attorney of Los Angeles to submit a report to the Legislature to April 1, 2016.
   2. AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the sunset of the existing Alameda County pilot project relating to sexually exploited minors to January 2017, and requires the Alameda County District Attorney to provide a report to the Legislature on the pilot contingent upon local funding and operation of the pilot by April 2016.
   3. SB 1807 (Morgan), Chapter 1258, Statutes of 1988, created a program of supervision specifically for minors charged with driving under the influence of an alcoholic beverage or drug.

REGISTERED SUPPORT / OPPOSITION:

Support

American Civil Liberties Union

California Attorneys for Criminal Justice

California District Attorneys Association
California Public Defenders Association

Opposition

None

Analysis Prepared by:

Sandy Uribe / PUB. S. / (916) 319-3744

1. In this respect, informal supervision differs from deferred entry of judgment (DEJ) which provides an informal juvenile court alternative for first-time non-violent offenders. With DEJ, the minor admits the allegations of the petition, but a jurisdictional and dispositional hearing is not held. Instead, entry of judgment is deferred and the minor is required to comply with certain conditions for a period of 12 to 36 months. If the minor complies, the charges in the section petition are dismissed, the arrest is deemed never to have occurred, and the minor’s juvenile record is sealed. (See Welf. & Inst. Code, §§ 790-794.) ↑