AB 2202: Human trafficking: vertical prosecution program.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-02-18
Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.
This bill would require the office, to the extent funds are available for this purpose and until January 1, 2021, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2019, to submit to the Legislature and the Governors Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. The bill would also appropriate $2,600,000 from the General Fund to the office for this program.
(a)There is hereby established in the Office of Emergency Services a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
(b)The Director of Emergency Services shall, to the extent funds are available for this purpose, allocate and award funds to up to 11 district attorney offices that apply for funding pursuant to this chapter. Each county selected for funding shall meet all of the following minimum requirements:
(1)Employ a vertical prosecution methodology for human trafficking crimes.
(2)Require that a county selected for funding dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crime.
(3)Provide the office with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county.
(4)Enter into an agreement, either by contract or a memorandum of understanding, with an advocacy agency funded by the office that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services.
(5)Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
(c)The office shall select applications based upon a competitive process and may establish selection criteria. At a minimum, an applicant shall demonstrate the ability to comply with the criteria in subdivision (b) and include an estimate of the number of potential human trafficking crimes in that county.
(d)(1)On or before January 1, 2019, the office shall submit to the Legislature and the Governors Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
(2)The report required pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(e)As used in this section, human trafficking crimes means any violation of Section 236.1 or subdivision (m) of Section 647.
(f)Not more than 10 percent of funds appropriated for this program shall be retained by the office for administrative costs, including technical assistance, training, and the cost of producing the report required pursuant to subdivision (d).
13849.1.This chapter shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
SEC. 2.The sum of two million six hundred thousand dollars ($2,600,000) is hereby appropriated from the General Fund to the Office of Emergency Services for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program, as described in Chapter 5.8 (commencing with Section 13849) of Title 6 of Part 4 of the Penal Code.
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Date
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Status
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| Feb 18, 2016 | Read first time. To print. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
| Mar 3, 2016 | Referred to Coms. on G.O. and PUB. S. |
| Apr 7, 2016 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 18. Noes 0.) (April 6). Re-referred to Com. on PUB. S. |
| Apr 20, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 19). Re-referred to Com. on APPR. |
| May 11, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 27, 2016 | In committee: Held under submission. |
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Date
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Description
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Location
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Votes
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| Apr 19, 2016 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
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| Apr 6, 2016 | Do pass and be re-referred to the Committee on [Public Safety] | Assembly Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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| Board of Supervisors | * Support | Jun 27, 2018 |
| California Academy Of Family Physicians | * Support | Jun 27, 2018 |
| California Medical Association | * Support | Jun 27, 2018 |
| The University of California | * Support | Jun 27, 2018 |
Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2202
Author:(Baker) – As Introduced Ver:February 18, 2016
Policy Committee: | Governmental Organization | Vote: | 18 - 0 |
Public Safety | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Office of Emergency Services (CalOES) to allocate and award funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program (Program). In summary, this bill:
- Requires CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes.
- Requires CalOES, on or before January 1, 2019, to submit to the Legislature and the Governor’s Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
- Appropriates $2.6 million from the General Fund to CalOES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program
- Sunsets the provisions of this bill on January 1, 2021
FISCAL EFFECT:
This bill appropriates $2.6 million from the General Fund to the CalOES.
COMMENTS:
- Purpose. According to the author, this bill will help further efforts to prosecute and convict human traffickers.
- Vertical Prosecution. “Vertical Prosecution” refers to a method in which a prosecutor is assigned to the case from the initial point of referral to the completion of the prosecution. Many argue this method of prosecution results in continuity and improved prosecution success, as well as benefits for crime victims, such as allowing prosecutors to build a rapport with victims by remaining with the case from intake to sentencing, which ensures that victims do not have to tell their story repeatedly to prosecutors at various stages of the case.
- DOJ Report: According to the California Department of Justice (DOJ), human trafficking is the world's fastest growing criminal enterprise and is an estimated $32 billion-a-year global industry. Between 2010 and 2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, and arrested 1,798 individuals. The report also identifies ways to combat human trafficking; and opportunities in protecting and assisting victims and bringing traffickers to justice. Specifically, the report states that a vertical prosecution model run outside routine vice operations can help law enforcement better protect victims and improve prosecutions.
- Related Legislation:
- AB 1730 (Atkins), currently in this committee’s Suspense file, 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. AB 1730 is pending hearing in the Assembly Appropriations Committee.
- AB 1731 (Atkins), currently in this committee’s Suspense file, 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 is pending hearing in the Assembly Appropriations Committee.
- Prior Legislation:
- 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.
- 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.
- 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.
- SB 180 (Kuehl), Chapter 239, Statutes of 2005, established the California Alliance to Combat Trafficking and Slavery Task Force and requires it to evaluate various programs available to victims of trafficking and various criminal statutes addressing human trafficking.
- AB 22 (Lieber), Chapter 240, Statutes of 2005, created the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. In addition, the Act required law enforcement agencies to provide Law Enforcement Agency Endorsement to trafficking victims, providing trafficking victims with protection from deportation and created the human trafficking task force
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing:
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2202
Author:(Baker) – As Introduced Ver:February 18, 2016
SUMMARY:
Requires the Office of Emergency Services (CalOES) to allocate and award funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program. Specifically, this bill:
- Requires CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes.
- Requires each county selected for funding meet all of the following minimum requirements:
- Employ a vertical prosecution methodology for human trafficking crimes;
- Require that a county selected for funding dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crime;
- Provide Cal OES with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county;
- Enter into an agreement, either by contract or by a memorandum of understanding, with an advocacy agency funded by CalOES that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services; and
- Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
- Requires CalOES, on or before January 1, 2019, to submit to the Legislature and the Governor’s Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
- Appropriates two million six hundred thousand dollars ($2,600,000) from the General Fund to CalOES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program
- Sunsets the provisions of this bill on January 1, 2021.
EXISTING LAW:
- Establishes the Office of Emergency Services (OES) by the Governor's Reorganization Plan No.2, operative July 1, 2013. (AB 1317 (Frazier), Chapter 352, Statutes of 2013.)
- States that the Office of Emergency Services exists within the Governor’s office. (Gov. Code, § 8585, subd. (a).)
- States that the Office of Emergency Services shall be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. (Gov. Code, § 8585, subd. (e).)
- Specifies that during a state of emergency or a local emergency, the secretary shall coordinate the emergency activities of all state agencies in connection with that emergency, and every state agency and officer shall cooperate with the secretary in rendering all possible assistance in carrying out the provisions of this chapter. (Gov. Code, § 8587, subd. (a).)
- In addition to the powers designated in this section, the Governor may delegate any of the powers vested in him or her under this chapter to the secretary except the power to make, amend, and rescind orders and regulations, and the power to proclaim a state of emergency. (Gov. Code, § 8587, subd. (b).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "Increasing funding to supplement current vertical prosecution programs in California will provide valuable resources to these programs and help further efforts to prosecute and convict human traffickers. Providing this support to vertical prosecution is one of the single most effective ways to get perpetrators behind bars for the crime of human trafficking."
- DOJ Report: According to the California Department of Justice (DOJ), human trafficking is the world's fastest growing criminal enterprise and is an estimated $32 billion-a-year global industry. In their 2012 report, “The State of Human Trafficking in California,” DOJ states from mid-2010 to mid-2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, and arrested 1,798 individuals. The public perception is that human trafficking victims are from other countries, but data from California’s task forces indicate that the vast majority are American—72% of human trafficking victims whose country of origin was identified were U.S. residents. The report also states that labor trafficking are under-reported and under-investigated as compared to sex trafficking—56% of victims who received services through California’s task forces were identified as sex trafficking victims. Yet, data from other sources indicate that labor trafficking is 3.5 times as prevalent as sex trafficking worldwide.
The report also identifies ways to combat human trafficking; and opportunities in protecting and assisting victims and bringing traffickers to justice. Specifically, the report states that a vertical prosecution model run outside routine vice operations can help law enforcement better protect victims and improve prosecutions. - OCJP and CalOES: The former Governor’s Office of Criminal Justice Planning (OCJP) was established in 1968 to provide funding for criminal justice and victim assistance programs. OCJP was abolished in the 2003-2004 State Budget on December 31, 2003. All of the programs, with the exception of those in the Juvenile Justice Delinquency Prevention Branch (which transferred to the California Department of Corrections and Rehabilitation), were incorporated into CalOES. Many of these programs include criminal justice and victim service grant programs administered by CalOES. Programs include:
- Violence Against Women Vertical Prosecution Program (VV Program) - The VV Program is designed to improve the criminal justice system’s response to violent crimes against women through a coordinated multidisciplinary response. This is achieved through the creation or enhancement of a specialized unit, which focuses on the vertical prosecution of the defendant and services for the victim(s);
- Unserved/Underserved Victim Advocacy and Outreach Program (UV Program) - The primary purpose of the UV Program is to focus on service delivery to victims of violent crime within unserved/underserved and socially isolated populations. In addition, it is designed to promote awareness and to improve knowledge about accessing local services available to crime victims; and
- Human Trafficking Advocate Program (HA Program) – The HA Program provides funding to 10 Victim/Witness Assistance Centers to provide additional support, such as, hiring additional staff, identifying additional human trafficking victims, and providing comprehensive services to victims of human trafficking.
- Federal Grant Money to Combat Human Trafficking: On September 24, 2015, U.S. Attorney General Loretta Lynch announced $44 million in grant money to combat human trafficking and support survivors. The grants will be administered by the Office of Justice Programs’ Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime and the National Institute of Justice. The grants are intended to fund efforts across the country to fight human trafficking, to provide services for survivors and to expand research going forward. More than $22.7 million to support 16 anti-human trafficking task forces across the country. Within each task force location, the office of Justice Programs’ Bureau of Justice Assistance, will make one award to a lead law enforcement agency and Office for Victims of Crime will make one to the lead victim service provider. The grantees will work collaboratively with other key members of the taskforce, including the U.S. Attorney’s Office, local prosecutor’s office, federal, state and local law enforcement agencies and community and system-based providers. (https://www.justice.gov/opa/pr/attorney-general-lynch-announces-44-million-grant-funding-combat-human-trafficking-and)
Of that grant money $1.5 million is directed to the Los Angeles County Area. $750,000 goes to Los Angeles County and $750,000 goes to Coalition Against Slavery and Trafficking. $1.4 million goes to the Riverside County Area. $900,000 to Riverside County and $500,000 to Operations SafeHouse. (http://ojp.gov/newsroom/pdfs/HT_Full_Chart_V.3.pdf) - Argument in Support: According to Nancy O’Malley, District Attorney of Alameda County, “Human trafficking is a form of modern day slavery, one that involves the use of force, fraud, or coercion to recruit, harbor, transport, provide, or obtain a person for the purposes of labor or sexual exploitation. Vertical prosecution teams are the most effective in prosecuting human trafficking. Vertical prosecution units involve one or more attorneys who handle a specific type of case, here, from arraignment to conviction, as opposed to different attorneys handling different states of prosecution. This means district attorneys (DA’s) are able to specialize in the uniquely challenging features of prosecuting human trafficking. It also means the victim, who is already facing a difficult ant emotional process, does not have to develop a new relationship with a new prosecutor at each stage of the case. Vertical prosecution units also work closely with law enforcement during investigations. This is a method that is often employed in human trafficking cases because it allows the prosecution team to give valuable feedback on the key evidence that law enforcement should seek to collect, and facilitates the victims’ sustained participation in cases that are otherwise already difficult to prosecute.
“Increasing funding to supplement current vertical prosecution programs in California will provide valuable resources to these programs and help further efforts to prosecute and convict human traffickers. Proving this support to vertical prosecution is one of the single most effective ways to get perpetrators behind bars for the crime of human trafficking.” - Related Legislation:
- AB 1730 (Atkins), 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. AB 1730 is pending hearing in the Assembly Appropriations Committee.
- 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 is pending hearing in the Assembly Appropriations Committee.
- AB 1730 (Atkins), 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. AB 1730 is pending hearing in the Assembly Appropriations Committee.
- Prior Legislation:
- 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.
- 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.
- 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.
- SB 180 (Kuehl), Chapter 239, Statutes of 2005, established the California Alliance to Combat Trafficking and Slavery Task Force and requires it to evaluate various programs available to victims of trafficking and various criminal statutes addressing human trafficking.
- AB 22 (Lieber), Chapter 240, Statutes of 2005, created the California Trafficking Victims Protection Act, which established civil and criminal penalties for human trafficking and allowed for forfeiture of assets derived from human trafficking. In addition, the Act required law enforcement agencies to provide Law Enforcement Agency Endorsement to trafficking victims, providing trafficking victims with protection from deportation and created the human trafficking task force
- 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.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
County of San Bernardino
Nancy E. O’Malley, District Attorney of Alameda County
Opposition
None
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 2202 (
Author:Baker) – As Introduced Ver:February 18, 2016
SUBJECT: Human trafficking: vertical prosecution program
SUMMARY: Requires the Office of Emergency Services (CalOES) to allocate and award funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program. Specifically, this bill:
- Requires CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes.
- Requires each county selected for funding meet all of the following minimum requirements:
- Employ a vertical prosecution methodology for human trafficking crimes.
- Require that a county selected for funding dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crime.
- Provide Cal OES with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county.
- Enter into an agreement, either by contract or by a memorandum of understanding, with an advocacy agency funded by CalOES that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services.
- Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
- Requires CalOES, on or before January 1, 2019, to submit to the Legislature and the Governor’s Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
- Appropriates two million six hundred thousand dollars ($2,600,000) from the General Fund to CalOES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program
- Sunsets the provisions of the bill on January 1, 2021
EXISTING LAW:
1) Establishes CalOES by the Governor's Reorganization Plan No.2, operative July 1, 2013.
2) Requires CalOES to perform a variety of duties with respect to specified emergency preparedness, mitigation, and response activities in the state, including emergency medical services.
3) Specifies that the State Emergency Plan (SEP) shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.
4) Requires the Governor to coordinate SEP and those programs necessary to mitigate the effects of an emergency.
5) Requires the Governor to coordinate the preparation of plans and programs for the mitigation of the effects of an emergency by the political subdivisions of the State of California, such plans and programs to be integrated into and coordinated with the State Emergency Plan and the plans and programs of the federal government and of other states to the fullest possible extent.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill: According to the author, human trafficking is a form of modern day slavery, one that involves the use of force, fraud, or coercion to recruit, harbor, transport, provide, or obtain a person for the purposes of labor or sexual exploitation. Approximately 14,000 to 17,000 victims are trafficked into the United States annually.
Vertical prosecution teams are the most effective in prosecuting human trafficking. Vertical prosecution units generally involve one or more staff attorneys who handle a specific type of case, here, human trafficking, from arraignment to conviction, rather than different attorneys handling different stages of prosecution. This means district attorneys (DA’s) are able to specialize in the uniquely challenging features of prosecuting human trafficking. It also means the victim, who is already facing a difficult and emotional process, does not have to develop a new relationship with a new prosecutor at each stage of the case. Vertical prosecution units also work closely with law enforcement during investigations. This is a method that is often employed in human trafficking cases because it allows the prosecution team to give valuable feedback on the key evidence that law enforcement should seek to collect, and facilitates the victims’ sustained participation in cases that are otherwise already difficult to prosecute.
The author states that increasing funding to supplement current vertical prosecution programs in California will provide valuable resources to these programs and help further efforts to prosecute and convict human traffickers. Providing this support to vertical prosecution is one of the single most effective ways to get perpetrators behind bars for the crime of human trafficking.
Background: “Vertical Prosecution” refers to a method in which a prosecutor is assigned to the case from the initial point of referral to the completion of the prosecution. Many argue this method of prosecution results in continuity and improved prosecution success, as well as benefits for crime victims, such as allowing prosecutors to build a rapport with victims by remaining with the case from intake to sentencing, which ensures that victims do not have to tell their story repeatedly to prosecutors at various stages of the case.
Through the California District Attorneys Association (CDAA), 13 counties were contacted and asked if they have at least one vertical prosecution unit in their District Attorney’s office. Of the 13 counties that responded, 12 of them have at least one vertical unit – most using multiple. Of the respondents, the only county that does not have any vertical units is Inyo County, which only employs 3 deputy district attorneys.
DOJ Report: According to the California Department of Justice (DOJ), human trafficking is the world's fastest growing criminal enterprise and is an estimated $32 billion-a-year global industry. In their 2012 report, “The State of Human Trafficking in California,” DOJ states from mid-2010 to mid-2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, and arrested 1,798 individuals. The public perception is that human trafficking victims are from other countries, but data from California’s task forces indicate that the vast majority are American—72% of human trafficking victims whose country of origin was identified were U.S. residents. The report also states that labor trafficking are under-reported and under-investigated as compared to sex trafficking—56% of victims who received services through California’s task forces were identified as sex trafficking victims. Yet, data from other sources indicate that labor trafficking is 3.5 times as prevalent as sex trafficking worldwide.
The report also identifies ways to combat human trafficking; and opportunities in protecting and assisting victims and bringing traffickers to justice. Specifically, the report states that a vertical prosecution model run outside routine vice operations can help law enforcement better protect victims and improve prosecutions.
OCJP and CalOES: The former Governor’s Office of Criminal Justice Planning (OCJP) was established in 1968 to provide funding for criminal justice and victim assistance programs. OCJP was abolished in the 2003-2004 State Budget on December 31, 2003. All of the programs, with the exception of those in the Juvenile Justice Delinquency Prevention Branch (which transferred to the California Department of Corrections and Rehabilitation), were incorporated into CalOES. Many of these programs include criminal justice and victim service grant programs administered by CalOES. Programs include:
- Violence Against Women Vertical Prosecution Program (VV Program) - The VV Program is designed to improve the criminal justice system’s response to violent crimes against women through a coordinated multidisciplinary response. This is achieved through the creation or enhancement of a specialized unit, which focuses on the vertical prosecution of the defendant and services for the victim(s).
- Unserved/Underserved Victim Advocacy and Outreach Program (UV Program) - The primary purpose of the UV Program is to focus on service delivery to victims of violent crime within unserved/underserved and socially isolated populations. In addition, it is designed to promote awareness and to improve knowledge about accessing local services available to crime victims.
- Human Trafficking Advocate Program (HA Program) – The HA Program provides funding to 10 Victim/Witness Assistance Centers to provide additional support, such as, hiring additional staff, identifying additional human trafficking victims, and providing comprehensive services to victims of human trafficking.
Appropriation: AB 2202 would appropriate $2.6 million to CalOES to fund up to 11 counties to participate in the Human Trafficking Prevention Vertical Prosecution Program. According to CalOES, using the minimum staffing requirements set forth in Section 13849 (b)(2), which requires a county selected for funding dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crime, it will cost $212,897 on average to fund the program in each county. The bill would allow for 11 counties to be funded, which totals $2,576,053.70 ($212,897 x 11). The author has chosen to round up from that number to $2.6 million to ensure there is enough funding for 11 counties to participate.
Double referral: Should AB 2202 pass the Assembly Committee on Governmental Organization on Wednesday, April 6, 2016, this bill will be referred to the Assembly Committee on Public Safety for further consideration.
Related Legislation: AB 694 (Bloom), Chapter 126, Statutes of 2013. Prohibits the admissibility of evidence that a victim has engaged in any commercial sexual act as a result of being a victim of human trafficking in order to prove the victim’s criminal liability for the commercial sexual act.
AB 528 (Aghazarian) of 2007/2008 Session. Would have established a graffiti prevention pilot program, to be known as the “Tag, You’re It” Act of 2007, to fund, through grants, specified graffiti prevention and prosecution efforts in 5 counties, as specified and administered by the Office of Emergency Services. Additionally, this bill requires the district attorney to employ a vertical prosecution methodology to manage a dedicated graffiti vandalism caseload. (Died is Assembly Appropriations)
SB 180 (Kuehl), Statutes of 2005, Chapter 239. Establishes the California Alliance to Combat Trafficking and Slavery Task Force and require it to evaluate various programs available to victims of trafficking and various criminal statutes addressing human trafficking, and report to the Legislature, Governor, and Attorney General on or before July 1, 2007.
AB 22 (Lieber), Statutes of 2005, Chapter 240. Established civil and criminal penalties for trafficking in human beings, allowed for forfeiture of assets derived from human trafficking, makes legislative findings and required law enforcement agencies to provide Law Enforcement Agency Endorsement (LEAE) to trafficking victims, created California Alliance to Combat Trafficking and Slavery Task Force, and provided restitution to victims.
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
Nancy E. O’Malley, District Attorney of Alameda County
County of San Bernardino
Opposition
None on file
Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531
Bill Author
Bill Co-Author(s):