Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.

Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.

This bill would, only until January 1, 2022, require the Board of State and Community Corrections to establish a pilot project in up to 4 counties that elect to participate in the pilot project and would authorize the Counties of Sacramento, San Diego, San Joaquin, and Santa Clara to elect to participate in the pilot project. The bill would authorize each participating county to determine whether that countys probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. The bill would require a program funded by the pilot project to provide services to youth within that countys jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking. The bill would also require a county that elects to participate in the pilot project and establishes a program pursuant to these provisions to conduct at least one evaluation of the programs impact and effectiveness and to submit that evaluation to the board. The bill would provide that the pilot project established pursuant to these provisions would be funded contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.

Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.

This bill would, only until January 1, 2022, require the Board of State and Community Corrections to establish a pilot project in up to 4 counties, including counties that elect to participate in the pilot project and would authorize the Counties of Sacramento, San Diego, San Joaquin, and Santa Clara. Clara to elect to participate in the pilot project. The bill would authorize each participating county to determine whether that countys probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. The bill would require a program funded by the pilot project to provide services to youth within that countys jurisdiction that addresses address the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking. The bill would also require a county that elects to participate in the pilot project and establishes a program pursuant to these provisions to conduct at least one evaluation of the programs impact and effectiveness and to submit that evaluation to the board. The bill would provide that the pilot project established pursuant to these provisions would be funded contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.

Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.

This bill would, only until January 1, 2022, require the Board of State and Community Corrections to establish a pilot project in each of up to 4 counties, including the Counties of Sacramento, San Diego, and Santa Clara. The bill would authorize each participating county that elects to participate in the pilot project to determine whether that countys probation department or child welfare agency, or both, would participate in create and operate a program funded by the pilot project. The bill would require the department or agency, or both, selected by each county to participate in the pilot project to create a program funded by the pilot project to provide services to youth within that countys jurisdiction that addresses the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking. The bill would also require a county that establishes a pilot elects to participate in the pilot project and establishes a program pursuant to these provisions to conduct at least one evaluation of the programs impact and effectiveness and to submit that evaluation to the board. The bill would provide that the pilot projects project established pursuant to these provisions would be funded contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.

Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.

This bill would, only until January 1, 2022, require the Board of State and Community Corrections to establish a pilot project in each of the Counties of Sacramento, San Diego, and Santa Clara, in which, if the county elects to participate in the pilot project, the chief probation officer of the county would be required Santa Clara. The bill would authorize each county that elects to participate in the pilot project to determine whether that countys probation department or child welfare agency, or both, would participate in the pilot project. The bill would require the department or agency, or both, selected by each county to participate in the pilot project to create a program to provide services to youth within his or her that countys jurisdiction that address addresses the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking. The bill would authorize the participating county to determine whether the probation department, the county child welfare agency, or both the probation department and the county child welfare agency would participate in the pilot project. The bill would also require a county that establishes a pilot program pursuant to these provisions to conduct at least one evaluation of the programs impact and effectiveness and to submit that evaluation to the board. The bill would provide that the pilot projects established pursuant to these provisions would be funded contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.

Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.

This bill would would, only until January 1, 2022, require the Board of State and Community Corrections to establish a pilot project in each of the Counties of Sacramento, San Diego, and Santa Clara, in which, if the county elects to participate in the pilot project, the chief probation officer of the county would be required to create a program to provide services to youth within his or her jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking. The bill would authorize the participating county to determine whether the probation department, the county child welfare agency, or both the probation department and the county child welfare agency would participate in the pilot project. The bill would also require a county that establishes a pilot program pursuant to these provisions to conduct at least one evaluation of the programs impact and effectiveness and to submit that evaluation to the board. The bill would provide that the pilot projects established pursuant to these provisions would be funded contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.

Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.

This bill would authorize require the Board of State and Community Corrections to establish a pilot project in each of the Counties of Sacramento, San Diego, and Santa Clara, in which, if the county elects to participate in the pilot project, the chief probation officer of a the county would be required to create a program to provide services to youth within his or her jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. The bill would provide that funding for these purposes shall be the pilot projects established pursuant to these provisions would be funded contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.

Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.

Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in Californias adult and juvenile criminal justice system.

This bill would authorize the chief probation officer of a county to create a program to provide services to youth within his or her jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. The bill would provide that funding for these purposes shall be contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

GOVERNOR'S VETO

GV Bill Id:AB 1730

Author:(Atkins and Eggman)

As Enrolled Ver:September 9, 2016

2/3 vote

Original Committee Reference: PUB. S.

SUMMARY: Directs the Board of State and Community Corrections (BSCC) to establish a pilot project in up to four counties that elect to participate in the pilot project and would authorize the Counties of Sacramento, San Diego, San Joaquin, and Santa Clara to elect to participate in the pilot project. The county programs established under the pilot project would provide services to youth within the county relating to the commercial sexual exploitation of youth. The pilot project has a sunset date of January 1, 2022.

The Senate amendments:

1. Establish a sunset date of January 1, 2022.
2. State that a participating county may determine whether the probation department, the county child welfare agency, or both the probation department and the county child welfare agency shall create and operate a program funded by the pilot project.
3. Include San Joaquin County in the counties authorized to participate in the pilot project.
4. Require a county that establishes a pilot program to conduct at least one evaluation of the program's impact and effectiveness and submit the evaluation to BSCC.
5. Specify that pilot project programs shall use facilities that are licensed by the State Department of Social Services.
6. Delete findings and declarations.
7. Make technical, non-substantive changes.

EXISTING LAW:

1. States that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct.
2. Permits a city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking.
3. Allows the County of Alameda, contingent upon local funding, to establish a pilot project to develop a comprehensive, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violations of specified prostitution offenses.
4. Allows the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to develop, as a component of the specified pilot project, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation.
5. Specifies that the District Attorney of the County of Alameda, in collaboration with county and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the pilot project described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of arrested or detained minors who have been determined to be victims of commercial sexual exploitation.
6. Permits the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to form, as a component of the pilot project described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff's department, the public defender's office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors.
7. Requires the District Attorney of the County of Alameda to submit a report to the Legislature by April 1, 2016, that summarizes the activities of the pilot project.
8. States that the authorization for the pilot project in Alameda County will expire on January 1, 2017, unless extended by the Legislature.
9. Provides that a juvenile convicted of specified offenses related to prostitution may, upon reaching 18 years of age, petition the court to have those convictions sealed without having to demonstrate that they have not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court.
10. Allows the County of Los Angeles to establish a pilot project to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of specified sexual offenses.
11. Requires the District Attorney of the County of Los Angeles to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project.
12. States that the authorization for the pilot project in Los Angeles County will expire on January 1, 2017, unless extended by the Legislature.

AS PASSED BY THE ASSEMBLY, this bill:

1. Directed the BSCC to establish a pilot project in the Counties of Sacramento, San Diego, and Santa Clara, if the county elects to participate, to provide services to youth within the county to address the need for services relating to the commercial sexual exploitation of youth.
2. Specified that the chief probation officer of the respective counties shall create the program to provide services to youth within the county related to commercial sexual exploitation.
3. Required programs receiving funding pursuant to this bill to be licensed by the State Department of Social Services.
4. Provided that funding for the pilot projects shall be contingent upon an appropriation in the annual Budget Act.
5. Provided that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Three-county pilot project: Potential major future costs in the millions of dollars (General Fund) for the five-year pilot project, which would be contingent upon an appropriation in future annual Budget Acts, to fund programs and activities operated by county probation departments and/or child welfare agencies. To the extent the counties elect to have their child welfare services agencies participate in the pilot, the funds would appear to be an augmentation over the funding provided annually for the Commercially Sexually Exploited Children (CSEC) Program, which is administered by the Department of Social Services. The Budget Act of 2016 includes an augmentation of $5 million General Fund beginning in 2016-17, for a total of $19 million General Fund annually, to support this program. Currently, 38 counties, including the pilot counties, elect to participate in the program.
2. BSCC: One-time minor costs (General Fund) to establish and administer the pilot projects in Sacramento, San Diego, and Santa Clara counties, should they elect to participate. Potential future cost pressure (General Fund) to review pilot evaluations. Evaluations are to be submitted by pilot counties to the BSCC, however, the BSCC is not required to review, evaluate, or submit a consolidated report to the Legislature.
3. Department of Social Services: Likely minor and absorbable impact.

COMMENTS: According to the author, "Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the Federal Bureau of Investigation, the San Francisco, Los Angeles and San Diego metropolitan areas comprise three of the nation's 13 areas of 'high intensity' child sex trafficking exploitation in the country.

"Currently, many child victims of sex trafficking, once removed from the sex trade environment, have only two options for housing: juvenile detention and court-ordered foster care placement. Due to this limited range of options, juvenile detention too often means placement of some duration in juvenile hall. Although the foster care system is building service capacity, it does not have a suitable array of specially-tailored service options for this population. Moreover, in the foster care system, it can take some time to finalize a long-term placement appropriate for child sex trafficking victims, and these victims often need a place to stay immediately after being recovered from their trafficker.

"Consequently, there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers.

"AB 1730 creates a pilot program that would provide commercially sexually exploited children a safe place to stay with trauma-informed, mental health services that can help them recover and thrive. Other aspects of the pilot program's design criteria will include assessment of the youth victim's condition; development and recommendations for permanent placement solutions; staff experienced to work with these victims as well as survivor, peer mentors; and a secure and protective service delivery setting secluded from the victim's trafficking environment, such as a geographically remote location, a staff protective presence, or any combination of strategies intended to protect the victim."

Please see the policy committee analysis for a full discussion of this bill.

GOVERNOR'S VETO MESSAGE:

I am returning Assembly Bill 1730 without my signature.

This bill authorizes a pilot project in four counties to provide services for youth victims of commercial sex trafficking contingent upon an appropriation in the state budget.

There are numerous federal, state and local efforts underway to combat commercial sexual exploitation of children. In this year's budget, the state provided $19 million to fund the development of trafficking prevention and intervention services. Establishing a new pilot program in this area should be considered in the budget process.

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0005080

(Without Reference to File)

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1730

Author:(Atkins and Eggman)

As Amended Ver:August 24, 2016

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Directs the Board of State and Community Corrections (BSCC) to establish a pilot project in up to four counties that elect to participate in the pilot project and would authorize the Counties of Sacramento, San Diego, San Joaquin, and Santa Clara to elect to participate in the pilot project. The county programs established under the pilot project would provide services to youth within the county relating to the commercial sexual exploitation of youth. The pilot project has a sunset date of January 1, 2022.

The Senate amendments:

1. Establish a sunset date of January 1, 2022.
2. State that a participating county may determine whether the probation department, the county child welfare agency, or both the probation department and the county child welfare agency shall create and operate a program funded by the pilot project.
3. Include San Joaquin County in the counties authorized to participate in the pilot project.
4. Require a county that establishes a pilot program to conduct at least one evaluation of the program's impact and effectiveness and submit the evaluation to BSCC.
5. Specify that pilot project programs shall use facilities that are licensed by the State Department of Social Services.
6. Delete findings and declarations.
7. Make technical, non-substantive changes.

EXISTING LAW:

1. States that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct.
2. Permits a city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking.
3. Allows the County of Alameda, contingent upon local funding, to establish a pilot project to develop a comprehensive, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violations of specified prostitution offenses.
4. Allows the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to develop, as a component of the specified pilot project, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation.
5. Specifies that the District Attorney of the County of Alameda, in collaboration with county and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the pilot project described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of arrested or detained minors who have been determined to be victims of commercial sexual exploitation.
6. Permits the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to form, as a component of the pilot project described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff's department, the public defender's office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors.
7. Requires the District Attorney of the County of Alameda to submit a report to the Legislature by April 1, 2016, that summarizes the activities of the pilot project.
8. States that the authorization for the pilot project in Alameda County will expire on January 1, 2017, unless extended by the Legislature.
9. Provides that a juvenile convicted of specified offenses related to prostitution may, upon reaching 18 years of age, petition the court to have those convictions sealed without having to demonstrate that they have not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court.
10. Allows the County of Los Angeles to establish a pilot project to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of specified sexual offenses.
11. Requires the District Attorney of the County of Los Angeles to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project.
12. States that the authorization for the pilot project in Los Angeles County will expire on January 1, 2017, unless extended by the Legislature.

AS PASSED BY THE ASSEMBLY, this bill:

1. Directed the BSCC to establish a pilot project in the Counties of Sacramento, San Diego, and Santa Clara, if the county elects to participate, to provide services to youth within the county to address the need for services relating to the commercial sexual exploitation of youth.
2. Specified that the chief probation officer of the respective counties shall create the program to provide services to youth within the county related to commercial sexual exploitation.
3. Required programs receiving funding pursuant to this bill to be licensed by the State Department of Social Services.
4. Provided that funding for the pilot projects shall be contingent upon an appropriation in the annual Budget Act.
5. Provided that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Three-county pilot project: Potential major future costs in the millions of dollars (General Fund) for the five-year pilot project, which would be contingent upon an appropriation in future annual Budget Acts, to fund programs and activities operated by county probation departments and/or child welfare agencies. To the extent the counties elect to have their child welfare services agencies participate in the pilot, the funds would appear to be an augmentation over the funding provided annually for the Commercially Sexually Exploited Children (CSEC) Program, which is administered by the Department of Social Services. The Budget Act of 2016 includes an augmentation of $5 million General Fund beginning in 2016-17, for a total of $19 million General Fund annually, to support this program. Currently, 38 counties, including the pilot counties, elect to participate in the program.
2. BSCC: One-time minor costs (General Fund) to establish and administer the pilot projects in Sacramento, San Diego, and Santa Clara counties, should they elect to participate. Potential future cost pressure (General Fund) to review pilot evaluations. Evaluations are to be submitted by pilot counties to the BSCC, however, the BSCC is not required to review, evaluate, or submit a consolidated report to the Legislature.
3. Department of Social Services: Likely minor and absorbable impact.

COMMENTS: According to the author, "Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the Federal Bureau of Investigation, the San Francisco, Los Angeles and San Diego metropolitan areas comprise three of the nation's 13 areas of 'high intensity' child sex trafficking exploitation in the country.

"Currently, many child victims of sex trafficking, once removed from the sex trade environment, have only two options for housing: juvenile detention and court-ordered foster care placement. Due to this limited range of options, juvenile detention too often means placement of some duration in juvenile hall. Although the foster care system is building service capacity, it does not have a suitable array of specially-tailored service options for this population. Moreover, in the foster care system, it can take some time to finalize a long-term placement appropriate for child sex trafficking victims, and these victims often need a place to stay immediately after being recovered from their trafficker.

"Consequently, there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers.

"AB 1730 creates a pilot program that would provide commercially sexually exploited children a safe place to stay with trauma-informed, mental health services that can help them recover and thrive. Other aspects of the pilot program's design criteria will include assessment of the youth victim's condition; development and recommendations for permanent placement solutions; staff experienced to work with these victims as well as survivor, peer mentors; and a secure and protective service delivery setting secluded from the victim's trafficking environment, such as a geographically remote location, a staff protective presence, or any combination of strategies intended to protect the victim."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0004960

 THIRD READING  

Bill No: AB 1730

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the Board of State and Community Corrections to establish a five-year pilot project to provide services to youth that address the need for services relating to the commercial exploitation of youth in up to 4 counties, to be funded contingent upon an appropriation in the annual Budget Act. The bill specifies that the counties that may elect to participate in the pilot project are Sacramento, San Diego, San Joaquin and Santa Clara.

Senate Floor Amendments of 8/25/16 specify that the counties that may elect to participate in the pilot project are Sacramento, San Diego, San Joaquin and Santa Clara. The amendments make additional, essentially technical changes to the bill.

ANALYSIS:

Existing law:

1. Establishes the “Board of State and Community Corrections” (“BSCC”), as specified. (Penal Code § 6024.)
2. Provides the following mission for the BSCC:

“The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.” (Penal Code § 6024(b).)

This bill:

1. Requires the BSCC to establish a pilot project in up to 4 counties that elect to participate in the pilot project, and specifies that the counties that may elect to participate in the pilot project are Sacramento, San Diego, San Joaquin and Santa Clara.
2. Provides that a program funded by the pilot shall provide services to youth within each county’s jurisdiction that address the need for services relating to the commercial sexual exploitation of youth
3. Provides that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking.
4. Specifies that participating counties may determine whether that county’s probation department or county child welfare agency, or both the county probation department and the county child welfare agency, shall participate in the pilot project.
5. Requires the programs that receive funding to utilize, for purposes of the program, only facilities that are licensed by the State Department of Social Services (CDSS). Programs that receive funding may include, but shall not be limited to, programs that do the following:
   1. Assess the youth victim’s condition, including a review of the extent of trauma suffered, physical and mental health, and the status of age-appropriate developmental factors, such as educational status.
   2. Serve exploited youth in a services-rich environment, including trauma-informed counseling services.
   3. Research options, make recommendations, and work to find solutions to provide specialized services and permanent placement solutions for the youth.
   4. Provide staff who are trained to work with, and experienced in working with, child sex trafficking victims.
   5. Include peer mentors in the design and provision of service delivery.
   6. Provide a plan for how to structure a protective setting secluded from the victim’s trafficking environment, which could include strategies such as a geographically remote location, staff protective presence, delayed egress, or any combination of strategies intended to protect the victim.
6. Requires a county that elects to participate in the pilot program and establishes a program to conduct at least one evaluation of the program’s impact and effectiveness. The evaluation shall include, but not be limited to, monitoring the program’s effect on youth being served, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to youth who do not participate a program funded by the pilot project. The county is required to submit the evaluation to the BSCC.
7. Provides that pilot projects shall be funded contingent upon an appropriation in the annual Budget Act. Requires funds appropriated for these purposes to be administered by the BSCC.
8. Repeals the bill’s provisions on January 1, 2022, unless a later enacted statute deletes or extends that date.

Background

Addressing the treatment of children who engage in acts of prostitution has been an issue policy makers have been examining closely in recent years. There has been 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.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Three-county pilot project: Potential major future costs in the millions of dollars (General Fund) for the five-year pilot project, which would be contingent upon an appropriation in future annual Budget Acts, to fund programs and activities operated by county probation departments and/or child welfare agencies. To the extent the counties elect to have their child welfare services agencies participate in the pilot, the funds would appear to be an augmentation over the funding provided annually for the Commercially Sexually Exploited Children (CSEC) Program, which is administered by the DSS. The Budget Act of 2016 includes an augmentation of $5 million General Fund beginning in 2016-17, for a total of $19 million General Fund annually, to support this program. Currently, 38 counties, including the pilot counties, elect to participate in the program.
• BSCC: One-time minor costs (General Fund) to establish and administer the pilot projects in Sacramento, San Diego, and Santa Clara counties, should they elect to participate. Potential future cost pressure (General Fund) to review pilot evaluations. Evaluations are to be submitted by pilot counties to the BSCC, however, the BSCC is not required to review, evaluate, or submit a consolidated report to the Legislature.
• DCSS: Likely minor and absorbable impact.

SUPPORT: (Verified 8/24/16)

Association of Orange County Deputy Sheriffs

California Public Defenders Association

California Statewide Law Enforcement Association

County of San Diego

Fraternal Order of Police

Long Beach Police Officers Association

Los Angeles Professional Peace Officers Association

Sacramento County Deputy Sheriffs’ Association

San Diego County Board of Supervisors

San Diego County District Attorney

State Coalition of Probation Organizations

OPPOSITION: (Verified 8/24/2016)

None received

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/30/16 19:57:03

**** END ****

 THIRD READING  

Bill No: AB 1730

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the Board of State and Community Corrections to establish a five-year pilot project to provide services to youth that address the need for services relating to the commercial exploitation of youth in up to 4 counties that elect to participate in the pilot project, including the Counties of Sacramento, San Diego, and Santa Clara, to be funded contingent upon an appropriation in the annual Budget Act.

Senate Floor Amendments of 8/19/16 authorize the pilot in up to 4 counties, including the three counties already enumerated in the bill. The amendments make additional, essentially technical changes to the bill.

ANALYSIS:

Existing law:

1. Establishes the “Board of State and Community Corrections” (“BSCC”), as specified. (Penal Code § 6024.)
2. Provides the following mission for the BSCC:

“The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.” (Penal Code § 6024(b).)

This bill:

1. Requires the BSCC to establish a pilot project in up to 4 counties that elect to participate in the pilot project, including the counties of Sacramento, San Diego, and Santa Clara, to create a program to provide services to youth within each county’s jurisdiction that addresses the need for services relating to the commercial sexual exploitation of youth.
2. Provides that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking.
3. Specifies that participating counties may determine whether that county’s probation department or county child welfare agency, or both the county probation department and the county child welfare agency, shall participate in the pilot project.
4. Requires the programs that receive funding to utilize, for purposes of the program, only facilities that are licensed by the State Department of Social Services (CDSS). Programs that receive funding may include, but shall not be limited to, programs that do the following:
   1. Assess the youth victim’s condition, including a review of the extent of trauma suffered, physical and mental health, and the status of age-appropriate developmental factors, such as educational status.
   2. Serve exploited youth in a services-rich environment, including trauma-informed counseling services.
   3. Research options, make recommendations, and work to find solutions to provide specialized services and permanent placement solutions for the youth.
   4. Provide staff who are trained to work with, and experienced in working with, child sex trafficking victims.
   5. Include peer mentors in the design and provision of service delivery.
   6. Provide a plan for how to structure a protective setting secluded from the victim’s trafficking environment, which could include strategies such as a geographically remote location, staff protective presence, delayed egress, or any combination of strategies intended to protect the victim.
5. Requires a county that elects to participate in the pilot program and establishes a program to conduct at least one evaluation of the program’s impact and effectiveness. The evaluation shall include, but not be limited to, monitoring the program’s effect on youth being served, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to youth who do not participate a program funded by the pilot project. The county is required to submit the evaluation to the BSCC.
6. Provides that pilot projects shall be funded contingent upon an appropriation in the annual Budget Act. Requires funds appropriated for these purposes to be administered by the BSCC.
7. Repeals the bill’s provisions on January 1, 2022, unless a later enacted statute deletes or extends that date.

Background

Addressing the treatment of children who engage in acts of prostitution has been an issue policy makers have been examining closely in recent years. There has been 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.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Three-county pilot project: Potential major future costs in the millions of dollars (General Fund) for the five-year pilot project, which would be contingent upon an appropriation in future annual Budget Acts, to fund programs and activities operated by county probation departments and/or child welfare agencies. To the extent the counties elect to have their child welfare services agencies participate in the pilot, the funds would appear to be an augmentation over the funding provided annually for the Commercially Sexually Exploited Children (CSEC) Program, which is administered by the DSS. The Budget Act of 2016 includes an augmentation of $5 million General Fund beginning in 2016-17, for a total of $19 million General Fund annually, to support this program. Currently, 38 counties, including the pilot counties, elect to participate in the program.
• BSCC: One-time minor costs (General Fund) to establish and administer the pilot projects in Sacramento, San Diego, and Santa Clara counties, should they elect to participate. Potential future cost pressure (General Fund) to review pilot evaluations. Evaluations are to be submitted by pilot counties to the BSCC, however, the BSCC is not required to review, evaluate, or submit a consolidated report to the Legislature.
• DCSS: Likely minor and absorbable impact.

SUPPORT: (Verified 8/21/16)

Association of Orange County Deputy Sheriffs

California Public Defenders Association

California Statewide Law Enforcement Association

County of San Diego

Fraternal Order of Police

Long Beach Police Officers Association

Los Angeles Professional Peace Officers Association

Sacramento County Deputy Sheriffs’ Association

San Diego County Board of Supervisors

San Diego County District Attorney

State Coalition of Probation Organizations

OPPOSITION: (Verified 8/21/2016)

None received

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/22/16 20:37:38

**** END ****

 THIRD READING  

Bill No: AB 1730

Author:

:

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill requires the Board of State and Community Corrections to establish a five-year pilot project, to be funded contingent upon an appropriation in the annual Budget Act, in each of three specified counties to provide services to youth that address the need for services relating to the commercial exploitation of youth.

ANALYSIS:

Existing law:

1. Establishes the “Board of State and Community Corrections” (“BSCC”), as specified. (Penal Code § 6024.)
2. Provides the following mission for the BSCC:

“The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations.” (Penal Code § 6024(b).)

This bill:

1. Requires the BSCC to establish a pilot project in each of the Counties of Sacramento, San Diego, and Santa Clara to create a program to provide services to youth within each county’s jurisdiction that addresses the need for services relating to the commercial sexual exploitation of youth.
2. Provides that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking.
3. Specifies that each county that elects to participate in the pilot project may determine whether that county’s probation department or county child welfare agency, or both the county probation department and the county child welfare agency, shall participate in the pilot project.
4. Requires the programs that receive funding to utilize, for purposes of the program, only facilities that are licensed by the State Department of Social Services (CDSS). Programs that receive funding may include, but shall not be limited to, programs that do the following:
   1. Assess the youth victim’s condition, including a review of the extent of trauma suffered, physical and mental health, and the status of age-appropriate developmental factors, such as educational status.
   2. Serve exploited youth in a services-rich environment, including trauma-informed counseling services.
   3. Research options, make recommendations, and work to find solutions to provide specialized services and permanent placement solutions for the youth.
   4. Provide staff who are trained to work with, and experienced in working with, child sex trafficking victims.
   5. Include peer mentors in the design and provision of service delivery.
   6. Provide a plan for how to structure a protective setting secluded from the victim’s trafficking environment, which could include strategies such as a geographically remote location, staff protective presence, delayed egress, or any combination of strategies intended to protect the victim.
5. Requires a county that establishes a pilot program to conduct at least one evaluation of the program’s impact and effectiveness. The evaluation shall include, but not be limited to, monitoring the program’s effect on youth being served, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to youth who do not participate in the pilot. The county is required to submit the evaluation to the BSCC.
6. Provides that the pilot projects shall be funded contingent upon an appropriation in the annual Budget Act. Requires funds appropriated for these purposes to be administered by the BSCC.
7. Repeals the bill’s provisions on January 1, 2022, unless a later enacted statute deletes or extends that date.

Background

Addressing the treatment of children who engage in acts of prostitution has been an issue policy makers have been examining closely in recent years. There has been 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.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Three-county pilot project: Potential major future costs in the millions of dollars (General Fund) for the five-year pilot project, which would be contingent upon an appropriation in future annual Budget Acts, to fund programs and activities operated by county probation departments and/or child welfare agencies. To the extent the counties elect to have their child welfare services agencies participate in the pilot, the funds would appear to be an augmentation over the funding provided annually for the Commercially Sexually Exploited Children (CSEC) Program, which is administered by the DSS. The Budget Act of 2016 includes an augmentation of $5 million General Fund beginning in 2016-17, for a total of $19 million General Fund annually, to support this program. Currently, 38 counties, including the pilot counties, elect to participate in the program.
• BSCC: One-time minor costs (General Fund) to establish and administer the pilot projects in Sacramento, San Diego, and Santa Clara counties, should they elect to participate. Potential future cost pressure (General Fund) to review pilot evaluations. Evaluations are to be submitted by pilot counties to the BSCC, however, the BSCC is not required to review, evaluate, or submit a consolidated report to the Legislature.
• DCSS: Likely minor and absorbable impact.

SUPPORT: (Verified 8/11/16)

Association of Orange County Deputy Sheriffs

California Public Defenders Association

California Statewide Law Enforcement Association

County of San Diego

Fraternal Order of Police

Long Beach Police Officers Association

Los Angeles Professional Peace Officers Association

Sacramento County Deputy Sheriffs’ Association

San Diego County Board of Supervisors

San Diego County District Attorney

State Coalition of Probation Organizations

OPPOSITION: (Verified 8/11/16)

None received

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/15/16 19:47:23

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1730 (Atkins) - Human trafficking: minors

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

Bill Summary:

AB 1730 would require the Board of State and Community Corrections (BSCC) to establish a five-year pilot project, to be funded contingent upon an appropriation in the annual Budget Act, in each of three specified counties to provide services to youth that address the need for services relating to the commercial exploitation of youth.

Fiscal Impact:

• Three-county pilot project: Potential major future costs in the millions of dollars (General Fund) for the five-year pilot project, which would be contingent upon an appropriation in future annual Budget Acts, to fund programs and activities operated by county probation departments and/or child welfare agencies. To the extent the counties elect to have their child welfare services agencies participate in the pilot, the funds would appear to be an augmentation over the funding provided annually for the Commercially Sexually Exploited Children (CSEC) Program, which is administered by the DSS. The Budget Act of 2016 includes an augmentation of $5 million General Fund beginning in 2016-17, for a total of $19 million General Fund annually, to support this program. Currently, 38 counties, including the pilot counties, elect to participate in the program.
• BSCC: One-time minor costs (General Fund) to establish and administer the pilot projects in Sacramento, San Diego, and Santa Clara counties, should they elect to participate. Potential future cost pressure (General Fund) to review pilot evaluations. Evaluations are to be submitted by pilot counties to the BSCC, however, the BSCC is not required to review, evaluate, or submit a consolidated report to the Legislature.
• Department of Social Services: Likely minor and absorbable impact.

Background:

Existing law establishes the federal and state Commercially Sexually Exploited Children (CSEC) Program, administered by the Department of Social Services (DSS), to provide prevention, intervention, services, and training for CSEC activities. Counties that elect to participate in state CSEC activities receive funding for specialized services for the CSEC population. (Welfare and Institutions Code §§ 16524.7-16524.10.)

A county electing to receive funding from the CSEC Program is required to submit a plan to the DSS describing how the county intends to utilize the funds to be allocated. The county plan is required to include documentation indicating the county’s collaboration with county partner agencies and children-focused entities, which must include the formation of a multidisciplinary team to serve children.

Each county electing to receive funds from the CSEC Program is additionally required to develop an interagency protocol to be utilized in serving sexually exploited children, to be developed by a team led by a representative of the county human services department and must include representatives from county probation, county mental health, county public health department, the juvenile court. The team may also include, but shall not be limited to, representatives from local education agencies, local law enforcement, survivors of sexual exploitation and trafficking, and other providers as necessary.

Proposed Law:

This bill would require the BSCC to establish a pilot project in each of the Counties of Sacramento, San Diego, and Santa Clara to create a program to provide services to youth within each county’s jurisdiction that addresses the need for services relating to the commercial sexual exploitation of youth. Specifically, this bill:

• Provides that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking.
• Specifies that each county that elects to participate in the pilot project may determine whether that county’s probation department or county child welfare agency, or both the county probation department and the county child welfare agency, shall participate in the pilot project.
• Requires the programs that receive funding to utilize, for purposes of the program, only facilities that are licensed by the State Department of Social Services. Programs that receive funding may include, but shall not be limited to, programs that do the following:
  • Assess the youth victim’s condition, including a review of the extent of trauma suffered, physical and mental health, and the status of age-appropriate developmental factors, such as educational status.
  • Serve exploited youth in a services-rich environment, including trauma-informed counseling services.
  • Research options, make recommendations, and work to find solutions to provide specialized services and permanent placement solutions for the youth.
  • Provide staff who are trained to work with, and experienced in working with, child sex trafficking victims.
  • Include peer mentors in the design and provision of service delivery.
  • Provide a plan for how to structure a protective setting secluded from the victim’s trafficking environment, which could include strategies such as a geographically remote location, staff protective presence, delayed egress, or any combination of strategies intended to protect the victim.
• Requires a county that establishes a pilot program to conduct at least one evaluation of the program’s impact and effectiveness. The evaluation shall include, but not be limited to, monitoring the program’s effect on youth being served, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to youth who do not participate in the pilot. The county is required to submit the evaluation to the BSCC.
• Provides that the pilot projects shall be funded contingent upon an appropriation in the annual Budget Act. Requires funds appropriated for these purposes to be administered by the BSCC.
• Repeals the bill’s provisions on January 1, 2022, unless a later enacted statute deletes or extends that date.

Related Legislation:

SB 826 (Committee on Budget and Fiscal Review) Chapter 23/2016, the Budget Act of 2016, among its numerous provisions, appropriates $14 million General Fund to support the CSEC program.

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 1675 (Stone) 2016 would require 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. AB 1675 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.

Prior Legislation: SB 855 (Committee on Budget and Fiscal Review) Chapter 29/2014 established the CSEC program, and authorized annual state funding for county agencies electing to participate in the program to provide services to child victims of commercial sexual exploitation.

SB 794 (Committee on Human Services) Chapter 425/2015 provided for numerous amendments to state law intended to seek compliance with the federal Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183), as specified.

Staff Comments:

The cost to support a five-year pilot project in the Counties of Sacramento, San Diego, and Santa Clara to provide services to commercially exploited youth would be dependent on the amount of the appropriation provided in the annual Budget Act, which is unknown, but could be in the millions of dollars over the duration of the pilot. This bill authorizes the pilot counties to determine whether the probation department, the county child welfare agency, or both entities are to participate in the pilot project. Staff notes that should the pilot counties elect to have the child welfare agency participate in the pilot, any appropriated funding would appear to be an augmentation over the existing budgeted funds for the CSEC program ($19 million General Fund), as each of the pilot counties specified in this measure are currently CSEC participating counties.

The advocacy proposal requesting a $19.7 million General Fund augmentation in the budget to serve CSEC victims ultimately resulted in a conference compromise of an additional $5 million in ongoing funding over the budgeted $14 million General Fund in program funding.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 1730 Hearing Date: June 21, 2016

Subject: Human Trafficking: Pilot Program for Minors

HISTORY

Source: Author

Prior Legislation: None

Support: California Public Defenders Association; California Statewide Law Enforcement Association; County of San Diego; Fraternal Order of Police; Los Angeles Professional Peace Officers Association; San Diego County Board of Supervisors; San Diego County District Attorney; State Coalition of Probation Organizations

Opposition: None known

Assembly Floor Vote: 80 - 0

PURPOSE

The purpose of this bill is to require the Board of State and Community Corrections to establish pilot projects in three specified counties to address the need for services relating to the commercial sexual exploitation of youth, as specified.

Current law establishes the “Board of State and Community Corrections” (“BSCC”), as specified. (Penal Code § 6024.) Current law provides the following mission for the BSCC:

The mission of the board shall include providing statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system, including addressing gang problems. This mission shall reflect the principle of aligning fiscal policy and correctional practices, including, but not limited to prevention, intervention, suppression, supervision, and incapacitation, to promote a justice investment strategy that fits each county and is consistent with the integrated statewide goal of improved public safety through cost-effective, promising, and evidence-based strategies for managing criminal justice populations. (Penal Code § 6024(b).)

This bill would require the BSCC to “establish a pilot project in each of the Counties of Sacramento, San Diego, and Santa Clara, in which, if the county elects to participate in the pilot project, the chief probation officer of the county shall create a program to provide services to youth within his or her jurisdiction that addresses the need for services relating to the commercial sexual exploitation of youth.”

This bill would require that programs receiving funding for this project “be licensed by the State Department of Social Services and may include, but shall not be limited to, programs that do the following:

1. Assess the youth victim’s condition, including a review of the extent of trauma suffered, physical and mental health, and the status of age-appropriate developmental factors, such as educational status.
2. Serve exploited youth in a services-rich environment, including trauma-informed counseling services.
3. Research options, make recommendations, and work to find solutions to provide specialized services and permanent placement solutions for the youth.
4. Provide staff who are trained to work with, and experienced in working with, child sex trafficking victims.
5. Include peer mentors in the design and provision of service delivery.

This bill contains uncodified legislative findings and declarations concerning human trafficking and the commercial sexual exploitation of children in the United States, 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:

Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the FBI, the San Francisco, Los Angeles and San Diego metropolitan areas comprise three of the nation’s 13 areas of ‘high intensity’ child sex trafficking exploitation in the country.

Currently, many child victims of sex trafficking, once removed from the sex trade environment, have only two options for housing: juvenile detention and court-ordered foster care placement. Due to this limited range of options, juvenile detention too often means placement of some duration in juvenile hall. Although the foster care system is building service capacity, it does not have a suitable array of specially-tailored service options for this population. Moreover, in the foster care system, it can take some time to finalize a long-term placement appropriate for child sex trafficking victims, and these victims often need a place to stay immediately after being recovered from their trafficker.

Consequently, there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers.

AB 1730 creates a pilot program that would provide commercially sexually exploited children a safe place to stay with trauma-informed, mental health services that can help them recover and thrive. Other aspects of the pilot program’s design criteria include assessment of the youth victim’s condition; development and recommendations for permanent placement solutions; staff experienced to work with these victims as well as survivor, peer mentors; and a secure and protective service delivery setting secluded from the victim’s trafficking environment, such as a geographically remote location, a staff protective presence, or any combination of strategies intended to protect the victim.

1. Background: Probation Services

Probation officers are involved throughout juvenile criminal justice proceedings. The probation department may be used at the “front end” of the juvenile justice system for first-time, low-risk offenders or at the “back end” as an alternative to institutional confinement for more serious offenders. The responsibilities of juvenile probation departments include the intake screening of cases referred to juvenile courts, predisposition or presentence investigation of juveniles, and court-ordered supervision of juvenile offenders.

Juvenile probation officers investigate and provide information to the court about the juvenile’s educational status, family situation, and any risk factors to assist the court in making decisions at every step in the juvenile process. When the court makes orders regarding the conduct of the juvenile, the probation officers are responsible for supervising the juvenile to ensure they follow those orders.

The primary goal of the juvenile criminal justice system is rehabilitation of the juvenile. Sentencing by the court and supervision by probation are meant to further that rehabilitative goal. As part of their supervisory responsibilities, the probation officers provide support to the juvenile and their family to help with the process of rehabilitation. That support can take the form of classes, services, or programs offered or facilitated by the probation department.

Juvenile victims of human trafficking enter the juvenile justice system when they are arrested for a crime that might, or might not be, related to the fact that they are a victim of human trafficking. To the extent that effective rehabilitation for those juveniles is going to take place, it is important to have resources to address the needs of those juveniles as victims of human trafficking.

1. Background: Alameda and Los Angeles Pilot Projects

The Legislature has authorized pilot programs in Alameda and Los Angeles Counties to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.

The Alameda County pilot project is part of a larger project called "H.E.A.T (Human Exploitation and Trafficking) Watch." H.E.A.T Watch is a multidisciplinary, multisystem program that brings together individuals and agencies from law enforcement, health care, advocacy, victim and support services, the courts, probation agencies, the commercial sector, and the community to (1) ensure the safety of victims and survivors and (2) pursue accountability for exploiters and traffickers. Strategies employed by H.E.A.T. Watch include, among others, stimulating community engagement, coordinating training and information sharing, and coordinating the delivery of victim and support services.

The program uses a multisector approach to coordinate the delivery of support services. For example, multidisciplinary case review (modeled on the multidisciplinary team approach) is used to create emergency and long-term safety plans. Referrals for case review are made by law enforcement, prosecutors, probation officials, and social service organizations that have come into contact with these youth. This approach enables members of the multidisciplinary team to share confidential information with agencies that can assist youth in need of services and support. (Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, A Guide for Providers of Victim and Support Services. Institute of Medicine and National Research Council, Pp. 30-31.)

In a March 23, 2011 progress report on the AB 499 Diversion Program, the Alameda County District Attorney’s Office (ACDAO) stated: "As a result of the passage of AB 499, the ACDAO has been able to develop a comprehensive system response that directs Commercially Sexually Exploited Children (CSEC) away from the criminal justice system and into programs offering specialized services essential for the stabilization, safety, and recovery of these vulnerable children. . . .

The Legislature authorized the same pilot project for Los Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of 2010.) The sunsets for these programs would be eliminated under SB 1064 (Hancock), currently pending in the Assembly.

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]

1. Suggested Consideration

As currently drafted the bills specifies the counties that could conduct the pilot programs the bill proposes. The author may wish to consider making this a competitive grant, open to counties wishing to apply.

6. Amendments

The author offers the following amendments to be taken in Committee:

• Add the following evaluation component for the pilot created by this bill:

A county that establishes a pilot program pursuant to this section shall conduct an evaluation of its impact and effectiveness. The evaluation shall include, but not be limited to, monitoring the program’s effect on youth being served, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to youth who do not participate in the pilot.

• Permit participating counties the flexibility to decide if the county foster care or probation agency or both would participate in the pilot.
• State that the intent of the pilot is to test a service model which would produce improved outcomes youth victims of trafficking.
• Add a 5-year sunset.
• Delete the findings and declarations contained in Section one.

-- 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. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 1730

Author:(Atkins and Eggman)

As Amended Ver:May 27, 2016

Majority vote

SUMMARY: Directs the Board of State and Community Corrections (BSCC) to establish a pilot project in the Counties of Sacramento, San Diego, and Santa Clara, if the county elects to participate, to provide services to youth within the county relating to the commercial sexual exploitation of youth. Specifically, this bill:

1. Directs the BSCC to establish a pilot project in the Counties of Sacramento, San Diego, and Santa Clara, if the county elects to participate, to provide services to youth within the county to address the need for services relating to the commercial sexual exploitation of youth.
2. Specifies that the chief probation officer of the respective counties shall create the program to provide services to youth within the county related to commercial sexual exploitation.
3. Requires programs receiving funding pursuant to this bill to be licensed by the State Department of Social Services.
4. Provides that funding for the pilot projects shall be contingent upon an appropriation in the annual Budget Act.
5. Provides that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

EXISTING LAW:

1. States that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct.
2. Permits a city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking.
3. Allows the County of Alameda, contingent upon local funding, to establish a pilot project to develop a comprehensive, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violations of specified prostitution offenses.
4. Allows the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to develop, as a component of the specified pilot project, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation.
5. Specifies that the District Attorney of the County of Alameda, in collaboration with county and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the pilot project described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of arrested or detained minors who have been determined to be victims of commercial sexual exploitation.
6. Permits the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to form, as a component of the pilot project described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff's department, the public defender's office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors.
7. Requires the District Attorney of the County of Alameda to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project.
8. States that the authorization for the pilot project in Alameda County will expire on January 1, 2017, unless extended by the Legislature.
9. Provides that a juvenile convicted of specified offenses related to prostitution may, upon reaching 18 years of age, petition the court to have those convictions sealed without having to demonstrate that they have not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court.
10. Allows the County of Los Angeles to establish a pilot project to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of specified sexual offenses.
11. Requires the District Attorney of the County of Los Angeles to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project.
12. States that the authorization for the pilot project in Los Angeles County will expire on January 1, 2017, unless extended by the Legislature.

FISCAL EFFECT: According to the Assembly Appropriations Committee, unknown General Fund Budget pressure in the hundreds of thousands of dollars to create and properly staff programs at the county level to provide wraparound services to sexually exploited youth.

COMMENTS: According to the author, "Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the Federal Bureau of Investigation, the San Francisco, Los Angeles and San Diego metropolitan areas comprise three of the nation's 13 areas of 'high intensity' child sex trafficking exploitation in the country.

"Currently, many child victims of sex trafficking, once removed from the sex trade environment, have only two options for housing: juvenile detention and court-ordered foster care placement. Due to this limited range of options, juvenile detention too often means placement of some duration in juvenile hall. Although the foster care system is building service capacity, it does not have a suitable array of specially-tailored service options for this population. Moreover, in the foster care system, it can take some time to finalize a long-term placement appropriate for child sex trafficking victims, and these victims often need a place to stay immediately after being recovered from their trafficker.

"Consequently, there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers.

"AB 1730 creates a pilot program that would provide commercially sexually exploited children a safe place to stay with trauma-informed, mental health services that can help them recover and thrive. Other aspects of the pilot program's design criteria will include assessment of the youth victim's condition; development and recommendations for permanent placement solutions; staff experienced to work with these victims as well as survivor, peer mentors; and a secure and protective service delivery setting secluded from the victim's trafficking environment, such as a geographically remote location, a staff protective presence, or any combination of strategies intended to protect the victim."

Analysis Prepared by: David Billingsley/ PUB. S. / (916) 319-3744 FN: 0003157

Date of Hearing: April 6, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1730

Author:(Atkins) – As Introduced Ver:January 28, 2016

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

SUMMARY:

This bill authorizes the 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.

FISCAL EFFECT:

Unknown General Fund Budget pressure in the hundreds of thousands of dollars to create and properly staff programs at the county level to provide wraparound services to sexually exploited youth.

COMMENTS:

1. Background. Current law states that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. Current law also allows local agencies to human trafficking, to ensure that victims are able to access all needed services in one location in order to enhance victim safety.

Probation officers are involved throughout juvenile criminal justice proceedings. The probation department may be used at the “front end” of the juvenile justice system for first-time, low-risk offenders or at the “back end” as an alternative to institutional confinement for more serious offenders. The responsibilities of juvenile probation departments include the intake screening of cases referred to juvenile courts, predisposition or presentence investigation of juveniles, and court-ordered supervision of juvenile offenders.

Juvenile victims of human trafficking enter the juvenile justice system when they are arrested for a crime that might, or might not be, related to the fact that they are a victim of human trafficking. To the extent that effective rehabilitation for those juveniles is going to take place, it is important to have resources to address the needs of those juveniles as victims of human trafficking.

The Legislature has authorized pilot programs in Alameda and Los Angeles Counties to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.

1. Purpose. According to the author, “there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers.”
   
   Subject to funding in the Budget Act, AB 1730 creates a program that would provide commercially sexually exploited children a safe place to stay with trauma-informed, mental health services that can help them recover and thrive. The program’s design criteria will include assessment of the youth victim’s condition; development and recommendations for permanent placement solutions; staff experienced to work with these victims as well as survivor, peer mentors; and a secure and protective service delivery setting secluded from the victim’s trafficking environment, such as a geographically remote location, a staff protective presence, or any combination of strategies intended to protect the victim.
2. Support: According to San Diego Office of the District Attorney, “AB 1730 will provide the opportunity for the chief probation officer to create a program that will provide specific services to youth affected by this criminal enterprise. The program could also include physical and mental health assessments for the young victims, and counseling services to deal with trauma and stigma of being a victim of human trafficking. Peer mentors may be utilized in the design and provision of service delivery. This program may also provide plans for protection of the victim away from the trafficking environment. These provisions are innovative, and will serve a very specific victim that current, local services may not be able to reach.”
3. Related Legislation: AB 1731 (Atkins), creates 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 will be heard in this committee today.
   
4. Prior Legislation:
   
   1. AB 1623 (Atkins), Chapter 85, Statutes of 2014, authorizes a local government or nonprofit organization to establish a family justice center to assist specified types of crime victims, including victims of human trafficking.
      
   2. AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the pilot program in Alameda County until January 1, 2017 (Please see (d)).
      
   3. SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that

would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.

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

Date of Hearing:

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Bill Quirk, Chair

ABPCA Bill Id:AB 1730

Author:(Atkins) – As Introduced Ver:January 28, 2016

SUMMARY:

Authorizes the chief probation officer of a county to create a program to provide services to youth within the county that address the need for services relating to the commercial sexual exploitation of youth. Specifically, this bill:

1. Authorizes the chief probation officer of a county to create a program to provide services to youth within the county that address the need for services relating to the commercial sexual exploitation of youth.
   
2. Provides that funding for these purposes shall be contingent upon an appropriation in the annual Budget Act.
   
3. Provides that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

EXISTING LAW:

1. States that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. (Pen. Code § 11165.1, subd. (c)(2).
   
2. Permits a city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking. (Pen. Code § 13750, subd.(a).)
   
3. Allows the County of Alameda, contingent upon local funding, to establish a pilot project to develop a comprehensive, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violations of specified prostitution offenses. (Welf. And Inst. Code §18259, subd. (a).)
   
4. Allows the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to develop, as a component of the specified pilot project, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation. (Welf. And Inst. Code § 18259, subd. (b).)
5. Specifies that the District Attorney of the County of Alameda, in collaboration with county and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the pilot project described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of arrested or detained minors who have been determined to be victims of commercial sexual exploitation. (Welf. And Inst. Code §18259, subd. (c).)
   
6. Permits the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to form, as a component of the pilot project described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff's department, the public defender's office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors. (Welf. And Inst. Code § 18259, subd. (d).)
   
7. Requires the District Attorney of the County of Alameda to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project. (Welf. And Inst. Code § 18259.1.)
   
8. States that the authorization for the pilot project in Alameda County will expire on January 1, 2017, unless extended by the Legislature. (Welf. And Inst. Code § 18259.5.)
   
9. Provides that a juvenile convicted of specified offenses related to prostitution may, upon reaching 18 years of age, petition the court to have those convictions sealed without having to demonstrate that they have not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court. (Pen. Code § 1203.47, subd. (a).)
   
10. Allows the County of Los Angeles to establish a pilot project to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of specified sexual offenses. (Welf. And Inst. Code §18259.7, subd. (a).)
    
11. Requires the District Attorney of the County of Los Angeles to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project. (Welf. And Inst. Code § 18259.7.)
    
12. States that the authorization for the pilot project in Los Angeles County will expire on January 1, 2017, unless extended by the Legislature. (Welf. And Inst. Code §18259.10.)
    

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the FBI, the San Francisco, Los Angeles and San Diego metropolitan areas comprise three of the nation’s 13 areas of ‘high intensity’ child sex trafficking exploitation in the country.
   
   “Currently, many child victims of sex trafficking, once removed from the sex trade environment, have only two options for housing: juvenile detention and court-ordered foster care placement. Due to this limited range of options, juvenile detention too often means placement of some duration in juvenile hall. Although the foster care system is building service capacity, it does not have a suitable array of specially-tailored service options for this population. Moreover, in the foster care system, it can take some time to finalize a long-term placement appropriate for child sex trafficking victims, and these victims often need a place to stay immediately after being recovered from their trafficker.
   
   “Consequently, there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers.
   
   “AB 1730 creates a pilot program that would provide commercially sexually exploited children a safe place to stay with trauma-informed, mental health services that can help them recover and thrive. Other aspects of the pilot program’s design criteria will include assessment of the youth victim’s condition; development and recommendations for permanent placement solutions; staff experienced to work with these victims as well as survivor, peer mentors; and a secure and protective service delivery setting secluded from the victim’s trafficking environment, such as a geographically remote location, a staff protective presence, or any combination of strategies intended to protect the victim.”
   
2. Juvenile Probation Department Services: Probation officers are involved throughout juvenile criminal justice proceedings. The probation department may be used at the “front end” of the juvenile justice system for first-time, low-risk offenders or at the “back end” as an alternative to institutional confinement for more serious offenders. The responsibilities of juvenile probation departments include the intake screening of cases referred to juvenile courts, predisposition or presentence investigation of juveniles, and court-ordered supervision of juvenile offenders.
   
   Juvenile probation officers investigate and provide information to the court about the juvenile’s educational status, family situation, and any risk factors to assist the court in making decisions at every step in the juvenile process. When the court makes orders regarding the conduct of the juvenile, the probation officers are responsible for supervising the juvenile to ensure they follow those orders.
   
   The primary goal of the juvenile criminal justice system is rehabilitation of the juvenile. Sentencing by the court and supervision by probation are meant to further that rehabilitative goal. As part of their supervisory responsibilities, the probation officers provide support to the juvenile and their family to help with the process of rehabilitation. That support can take the form of classes, services, or programs offered or facilitated by the probation department.
   
   Juvenile victims of human trafficking enter the juvenile justice system when they are arrested for a crime that might, or might not be, related to the fact that they are a victim of human trafficking. To the extent that effective rehabilitation for those juveniles is going to take place, it is important to have resources to address the needs of those juveniles as victims of human trafficking.
   
3. Alameda County Pilot Project: The Legislature has authorized pilot programs in Alameda and Los Angeles Counties to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.
   
   The Alameda County pilot project was authorized under AB 499 (Swanson), Chapter 359, Statutes of 2008, is part of a larger project called "H.E.A.T (Human Exploitation and Trafficking) Watch." H.E.A.T Watch is a multidisciplinary, multisystem program that brings together individuals and agencies from law enforcement, health care, advocacy, victim and support services, the courts, probation agencies, the commercial sector, and the community to (1) ensure the safety of victims and survivors and (2) pursue accountability for exploiters and traffickers. Strategies employed by H.E.A.T. Watch include, among others, stimulating community engagement, coordinating training and information sharing, and coordinating the delivery of victim and support services.
   
   The program uses a multisector approach to coordinate the delivery of support services. For example, multidisciplinary case review (modeled on the multidisciplinary team approach) is used to create emergency and long-term safety plans. Referrals for case review are made by law enforcement, prosecutors, probation officials, and social service organizations that have come into contact with these youth. This approach enables members of the multidisciplinary team to share confidential information with agencies that can assist youth in need of services and support. (Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, A Guide for Providers of Victim and Support Services. Institute of Medicine and National Research Council, Pp. 30-31.)
   
   In a March 23, 2011 progress report on the AB 499 Diversion Program, the Alameda County District Attorney’s Office (ACDAO) stated: "As a result of the passage of AB 499, the ACDAO has been able to develop a comprehensive system response that directs Commercially Sexually Exploited Children (CSEC) away from the criminal justice system and into programs offering specialized services essential for the stabilization, safety, and recovery of these vulnerable children. . . .
   
   The Legislature authorized the same pilot project for Los Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of 2010.)
   
4. Labor Trafficking Estimated to be More than Three Times as Large as Sex Trafficking:
   In 2012, the California Department of Justice published a report about human trafficking in California. The report was compiled by the Attorney General’s Human Trafficking Work Group. The Work Group was comprised of representatives of educational institutions, private entities, and a broad spectrum of law enforcement agencies, governmental agencies, victim service providers, and technology companies. Included in the report’s findings was an examination of the extent and nature of human trafficking. The report emphasized that labor trafficking was under reported compared to sex trafficking. The report pointed out that labor trafficking was believed to be 3.5 times as prevalent as sex trafficking. (The State of Human Trafficking in California (2012), California Department of Justice, pp. 4, 47.) Given the significance of labor trafficking, consideration should be given to ensure any resources devoted to county probation departments to assist juvenile victims of human trafficking include victims of labor trafficking.
   
5. Argument in Support: According to San Diego Office of the District Attorney, “University of San Diego and Point Loma Nazarene University released a study that estimates there are anywhere between 8-thousand to 11-thousand victims trafficked each year in San Diego. The study also found our local human trafficking industry generates more than $800-million each year, supporting an underground economy second only to the illegal drug trade.
   
   “The study also confirms what our office sees on a daily basis; local criminal gangs are running many of these sex trafficking rings. The report states 85% of local sex trafficking is being run by individuals involved in gangs.
   
   “AB 1730 will provide the opportunity for the chief probation officer to create a program that will provide specific services to youth affected by this criminal enterprise. The program could also include physical and mental health assessments for the young victims, and counseling services to deal with trauma and stigma of being a victim of human trafficking. Peer mentors may be utilized in the design and provision of service delivery. This program may also provide plans for protection of the victim away from the trafficking environment. These provisions are innovative, and will serve a very specific victim that current, local services may not be able to reach.”
   
6. Related Legislation: AB 1731 (Atkins), creates 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 will be heard in this committee today.
   
7. Prior Legislation:
   
   1. AB 1623 (Atkins), Chapter 85, Statutes of 2014, authorizes a local government or nonprofit organization to establish a family justice center to assist specified types of crime victims, including victims of human trafficking.
      
   2. AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the pilot program in Alameda County until January 1, 2017 (Please see (d)).
      
   3. SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.
      
   4. AB 499 (Swanson), Chapter 359, Statutes of 2008, established a pilot project in Alameda County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California Public Defenders Association
California Statewide Law Enforcement Association
Fraternal Order of Police, California State Lodge
San Diego County Office of the District Attorney
State Coalition of Probation Organizations

Opposition

None

Analysis Prepared by:

David Billingsley / PUB. S. / (916) 319-3744