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, 2023, 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, 2021, 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 be operative only to the extent that funding is provided in the annual Budget Act or another statute for the purposes of the bill.

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, 2023, 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, 2021, 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 be operative only to the extent that funding is provided in the annual Budget Act or another statute for the purposes of the bill.

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2124 (Rubio) - Human trafficking: vertical prosecution program

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

Bill Summary:

AB 2124 would, upon funding, require the Office of Emergency Services (OES) to award grants to district attorney offices that employ vertical prosecution of human trafficking crimes.

Fiscal Impact:

• Unknown General Fund cost pressure in the millions of dollars to fund the grant program. Cost pressure could be ongoing to the extent that a one-time grant establishes an expectation that funding is provided annually.
• Unknown cost pressure to OES of no more than 10 percent of funds appropriated for the grant program, likely in the hundreds of thousands of dollars, to administer the program. If the program received $5 million in funding, administrative costs to OES could reach up to $500,000. Absent a funding source, it is presumed that OES would pay for these costs from within its existing operating budget or would require a supplement allocation from the General Fund.

Background:

The Office of Emergency Services is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs. The predecessor to OES, the Governor’s Office of Criminal Justice Planning, would administer funding for criminal justice and victim assistance programs, such as the Violence Against Women Vertical Prosecution Program, the Unserved/Underserved Victim Advocacy and Outreach Program, and Human Trafficking Advocate Program.

Proposed Law:

This bill would:

• Require OES to allocate and award funds to up to eleven 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, to the extent funds are available for this purpose.
• Require OES, on or before January 1, 2021, 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.
• Specify that the competitive grant program is operative only if funding is provided, by express reference, in the annual budget or another statute.
• Sunset the provisions of this bill on January 1, 2023.

Related Legislation:

AB 2359 (Maienschein, 2018) would have created a vertical prosecution grant program administered by OES to fund up to eleven district attorney offices for vertical prosecution of sex crimes involving developmentally disabled victims. AB 2359 was held on the Suspense File of the Assembly Committee on Appropriations.

AB 2216 (Patterson, 2018) would have created a human trafficking victim assistance grant program in OES and appropriated $15 million in the budget act for this new program. It also would have required OES to conduct a study on human trafficking and report to the Legislature and every six years thereafter. AB 2216 was held on the Suspense File of the Assembly Committee on Appropriations.

AB 229 (Baker, 2017) and AB 2202 (Baker 2016) were substantially similar to this bill, with a notable difference being that those bills would have directly appropriated $2.6 million from the General Fund for the program. AB 229 was held on the Suspense File of this Committee. AB 2202 was held on the Suspense File of the Assembly Committee on Appropriations.

Staff Comments:

“Vertical prosecution” refers to a method in which the same prosecutor is assigned to a case from the initial point of referral to the completion of the prosecution. Some argue that this method of prosecution results in continuity and improved prosecutorial 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 helps avoid victims from telling their story repeatedly to different prosecutors at various stages of the case. Additionally, prosecutors may develop ongoing relationships with community organizations and be able to connect victims to appropriate resources. Staff notes that district attorney offices currently have the ability to employ a vertical prosecution model for human trafficking and all other types of crimes. In fact, some offices currently have specialized units dedicated to prosecuting human trafficking offenses, such as the Human Exploitation and Trafficking unit in the Alameda County District Attorney’s office.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: 6/26/2018

SUBJECT:

DIGEST: This bill establishes a program within the Office of Emergency Services (OES) to provide funding and technical assistance to up to 11 district attorney offices for vertical prosecution of human trafficking crimes.

ANALYSIS:

Existing law:

1. Establishes OES as the state entity responsible 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.
2. Requires OES to allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.
3. States that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, intent to commit a specified commercial sex offense, or causes, induces, or persuades a minor to engage in a commercial sex act, is guilty of human trafficking.
4. Establishes a vertical prosecution program for spousal abuse within the Department of Justice and states the Legislative finding that ''the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders.''
5. Establishes a vertical prosecution program for repeat sex offenders within OES and states the Legislative finding that ''the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting repeat sex offenders and ensuring appropriate sentences for those offenders.''
6. Establishes a vertical prosecution program for child abuse within OES and states the Legislative finding that ''the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting child abusers and ensuring appropriate sentences for those offenders.''

This bill:

1. Establishes a program within OES to provide financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.
2. Requires the Director of OES, to the extent funds are available for this purpose, to allocate and award funds to up to 11 district attorney offices that apply for funding pursuant to the provisions of this bill.
3. Requires each county selected for funding to meet all of the following minimum requirements:
   1. Employ a vertical prosecution methodology for human trafficking crimes.
   2. 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 crimes.
   3. Provide 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.
   4. Enter into an agreement, as specified, with an advocacy agency funded by OES that provides services, counseling, or both, to victims of human trafficking.
4. Specifies that funding received by a district attorney office shall be used to supplement, and not supplant, existing financial resources.
5. Requires OES to select applications based upon a competitive process, as specified.
6. Requires OES, on or before January 1, 2021, to submit to the Legislature and the Governor’s office a report that describes the counties that received funding, 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.
7. Specifies that no more than 10% of the funds appropriated for this program shall be retained by the office for administrative costs.

Background

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. Between 2010 and 2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, arrested 1,798 individuals, and provided critical training to more than 25,000 law enforcement, personnel, prosecutors, victim service providers, and first responders. When it comes to prosecuting human trafficking, vertical prosecution is an effective tool so that the trafficker is more likely to be fully prosecuted versus pleading down to pimping or a lesser crime.”

Vertical prosecution. Vertical prosecution refers to a method in which a prosecutor is assigned to a case from the initial point of referral to the completion of the prosecution. Proponents argue that this method of prosecution results in continuity and improved prosecutorial success, as well as benefits for crime victims. These benefits include allowing prosecutors to build a rapport with victims by remaining with the case from intake to sentencing, which helps avoid victims from telling their story repeatedly to different prosecutors at various stages of the case. Additionally, prosecutors may develop ongoing relationships with community organizations and connect victims to appropriate resources. Under current law, district attorneys’ offices are allowed to implement vertical prosecution.

OES grant funding. OES is the state agency responsible for coordinating the state’s response to disasters. Currently, OES administers approximately $1.6 billion in federal and state funds for criminal justice, emergency management, victim services, and the homeland security program. Within, OES’ Human Trafficking & Children’s Division is the Human Trafficking Unit, which includes programs that provide funding and technical assistance for the safety and support of victims of labor and sex trafficking.

Over the years, OES has distributed millions of dollars in grants to its other human trafficking programs. This bill would establish a vertical prosecution program for human trafficking within OES. To the extent that funding is provided in the annual Budget Act or another statute, the program would award up to 11 district attorney’s offices funds to engage in vertical prosecution of human trafficking cases.

Prior/Related Legislation

AB 2359 (Maienschein, 2018) would have created a vertical prosecution grant program administered by OES to fund up to 11 district attorney’s offices for vertical prosecution of sex crimes involving developmentally disabled victims. (Held in the Assembly Appropriations Committee Suspense file)

AB 1882 (Cervantes, 2018) adds a human trafficking to the list of offenses for which it is a crime to contact or communicate with a minor for the purposes of committing a crime involving the minor. (Pending in the Senate Appropriations Committee)

AB 2356 (Kiley, 2018) would have add the crime of human sex trafficking to the list of violent felonies making that offense a strike for purposes of the Three Strikes law and requiring the offender to serve a minimum of 85% of the state prison sentence. (Held in the Assembly Appropriations Committee Suspense file)

AB 2216 (Patterson, 2018) would have created a human trafficking victim assistance grant program in OES and appropriated $15 million in the budget act for this new program. In addition, this bill would have required OES to conduct a study on human trafficking, which included specified information, and provided a report to the Legislature on January 1, 2023, and every six years thereafter. (Held in the Assembly Appropriations Committee Suspense file)

AB 229 (Baker, 2017) appropriates $2.6 million from the General Fund to OES to fund the Human Trafficking Prevention Vertical Prosecution Program. (Held in the Senate Appropriations Committee Suspense file)

AB 2202 (Baker, 2016) would have required OES to allocate and award funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program. (Held in the Assembly Appropriations Committee Suspense file)

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT:

California Catholic Conference

Crime Victims United of California

San Diego County Office of the District Attorney

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to the San Diego County Office of the District Attorney, “our city was recently identified by the FBI as one of the top 13 high intensity child prostitution areas in the nation. Our prosecutors deal with human trafficking cases on a daily basis because this crime is closely intertwined with our local gangs. Our specialized prosecutors collaborate with our law enforcement partners using computer technology to accurately track the increased involvement of local gangs in human trafficking cases. Vertical prosecution of these cases allows us to take a victim-centered approach to ensure the best possible outcome for victims.”

DUAL REFERRAL: Senate Public Safety Committee (7-0)

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 2124 Hearing Date: June 19, 2018

Subject: Human Trafficking: Vertical Prosecution Program

HISTORY

Source: Author

Prior Legislation: AB 229 (Baker) Failed Senate Appropriations 2017

AB 2002 (Baker) Failed Assembly Appropriations 2016

AB 1731 (Atkins), failed Senate Appropriations, 2015

AB 1623 (Atkins), Ch. 85, Stats. 2014

SB 1279 (Pavley), Ch. 116, Stats. 2010

AB 499 (Swanson), Ch. 359, Stats. 2008

SB 180 (Kuehl), Chapter 239, Statutes of 2005

AB 22 (Lieber), Chapter 240, Statutes of 2005

Support: California Catholic Conference; California District Attorneys Association; California Police Chiefs Association

Opposition: California Public Defenders Association

Assembly Floor Vote: 78 - 0

PURPOSE

The purpose of this bill is to require the Office of Emergency Services (Cal OES) to allocate funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program.

Existing law states that the Cal OES exists within the Governor’s office. (Government Code § 8585 (a).)

Existing law states that Cal OES 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. (Government Code § 8585 (e).)

Existing law 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. (Government Code § 8587 (a).)

Existing law specifies that 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. (Government Code § 8587 (b).)

This bill establishes within Cal OES a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes.

This bill requires Cal OES 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.

This bill requires each county selected for funding to 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 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;
4. Enter into an agreement, either by contract or by a memorandum of understanding, with an advocacy agency funded by Cal OES 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,
5. Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
   

This bill requires Cal OES, on or before January 1, 2021, 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.

This bill appropriates two million six hundred thousand dollars ($2,600,000) from the General Fund to Cal OES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program.

This bill includes a sunset date of January 1, 2023.

COMMENTS

1. Need for This 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. Between 2010 and 2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, arrested 1,798 individuals, and provided critical training to more than 25,000 law enforcement, personnel, prosecutors, victim service providers, and first responders. When it comes to prosecuting human trafficking, vertical prosecution is an effective tool so that the trafficker is more likely to be fully prosecuted versus pleading down to pimping or a lesser crime.

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, rather than pleading down to pimping or a lesser crime.

2. Department of Justice’s Report on Human Trafficking in California

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.

3. Former Governor’s Office of Criminal Justice Planning and Cal OES

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 Cal OES. Many of these programs include criminal justice and victim service grant programs administered by Cal OES. Programs include:

1. 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);
2. 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
3. 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.
   

4. 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. (See <https://www.justice.gov/opa/pr/attorney-general-lynch-announces-44-million-grant-funding-combat-human-trafficking-and> [as of June 12, 2017].)

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. (See <http://ojp.gov/newsroom/pdfs/HT_Full_Chart_V.3.pdf> [as of June 12, 2017].)

5. 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. Supporters 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. The prosecutor may develop ongoing relationships with community organizations and be able to connect victims to appropriate resources.

6. Vertical Prosecution for Human Trafficking

This bill establishes within Cal OES a program of financial and technical assistance for county district attorney offices for the prosecution of human trafficking crimes and sets forth the requirements for a county to be selected for funding.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 2124

Author:(Rubio, et al.)

As Amended Ver:April 16, 2018

Majority vote

SUMMARY: Establishes a program within the Office of Emergency Services (CalOES) to provide funding and technical assistance to district attorney offices for vertical prosecution of human trafficking crimes. Specifically, this bill:

1. Requires the Director of Emergency Services to allocate and award funds to up to 11 district attorney offices for vertical prosecution of human trafficking crimes.
2. Provides that funding received by district attorney offices from CalOES pursuant to this program shall be used to supplement, not supplant, existing financial resources.
3. Requires CalOES to select applicants based on a competitive process and allows CalOES to establish selection criteria.
4. States that each county district attorney office selected for funding must meet minimum requirements, including:
   1. Employ a vertical prosecution methodology for human trafficking crimes;
   2. Include in its application for funding an estimate of the number of potential human trafficking crimes in the county;
   3. 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 crimes;
   4. Provide CalOES with annual data on the number of cases filed, convictions obtained, and sentences imposed for human trafficking in the county; and
   5. Enter into an agreement with an advocacy agency funded by CalOES that provides services, counseling, or both to victims of human trafficking.
5. Requires CalOES to submit a report to the Legislature and the Governor's office, on or before January 1, 2021, that describes the counties that received funding, the number of cases filed by the county, the number of convictions obtained, and the sentences imposed for human trafficking crimes in those counties.
6. Defines ''human trafficking crimes'' as any violation of section 236.1 (California’s Human Trafficking Statute) or subdivision (m) of section 647 (Soliciting a Minor for Prostitution).
7. States that CalOES shall retain no more than 10 percent of funds appropriated for this program for administrative costs.
8. Provides that this program shall only be operative to the extent that funding is expressly provided in the annual Budget Act or another statute.
9. Sunsets the provisions of the bill on January 1, 2023.

EXISTING LAW:

1. Establishes the CalOES within the office of the Governor.
2. States that the CalOES 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.
3. States that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, intent to commit a specified commercial sex offense, or causes, induces, or persuades a minor to engage in a commercial sex act, is guilty of human trafficking.
4. Provides that any person who solicits a minor for any act of prostitution is guilty of disorderly conduct.
5. Establishes a vertical prosecution program for spousal abuse within the Department of Justice and states the Legislative finding that ''the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders.''
6. Establishes a vertical prosecution program for repeat sex offenders within the CalOES and states the Legislative finding that ''the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting repeat sex offenders and ensuring appropriate sentences for those offenders.''
7. Establishes a vertical prosecution program for child abuse within CalOES and states the Legislative finding that ''the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting child abusers and ensuring appropriate sentences for those offenders.''

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Onetime general fund (GF) cost pressure in the millions of dollars to fund the vertical prosecution program.
2. GF cost pressure in the millions of dollars annually to continue funding the program to the extent that initial onetime funding is provided.

COMMENTS: 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, rather than pleading down to pimping or a lesser crime.''

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

Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0003158

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2124

Author:(Rubio) – As Amended Ver:April 16, 2018

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

SUMMARY:

This bill establishes a grant program within the Office of Emergency Services (CalOES) to provide funding and technical assistance to district attorney offices for vertical prosecution of human trafficking crimes. This bill requires CalOES to report to the Legislature on the program by January 1, 2021 and will become operative only if funding is appropriated.

FISCAL EFFECT:

1. Onetime GF cost pressure in the millions of dollars to fund the vertical prosecution program.
2. GF cost pressure in the millions of dollars annually to continue funding the program to the extent that initial onetime funding is provided.

COMMENTS:

1. Background and purpose. Vertical prosecution is a case management method employed by district attorney offices where one attorney, or one team of attorneys, is assigned to a case from beginning to end. 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, rather than pleading down to pimping or a lesser crime.

1. Related legislation. AB 2359 (Maienschein), of the current legislative session, requires CalOES to allocate and award funds for a specified number of district attorney offices that employ a vertical prosecution methodology for the prosecution of sexual assault crimes involving disabled and developmentally disabled victims. AB 2359 is currently on this committee’s suspense file.

AB 2216 (Patterson), of the current legislative session, requests $15 million annually from the GF for CalOES to award grants to support programs for human trafficking victims. AB 2216 is currently on this committee’s suspense file.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Counsel: Liah Burnley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 2124

Author:(Rubio) – As Amended Ver:April 16, 2018

SUMMARY: Establishes a program within the Office of Emergency Services (CalOES) to provide funding and technical assistance to district attorney offices for vertical prosecution of human trafficking crimes. Specifically, this bill:

1. Requires the Director of Emergency Services to allocate and award funds to up to 11 district attorney offices for vertical prosecution of human trafficking crimes.
   
2. Provides that funding received by district attorney offices from CalOES pursuant to this program shall be used to supplement, not supplant, existing financial resources.
   
3. Requires CalOES to select applicants based on a competitive process and allows CalOES to establish selection criteria.
   
4. States that each county district attorney office selected for funding must meet minimum requirements, including:
   
   1. Employ a vertical prosecution methodology for human trafficking crimes;
      
   2. Include in its application for funding an estimate of the number of potential human trafficking crimes in the county;
      
   3. 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 crimes;
      
   4. Provide CalOES with annual data on the number of cases filed, convictions obtained, and sentences imposed for human trafficking in the county; and
      
   5. Enter into an agreement with an advocacy agency funded by CalOES that provides services, counseling, or both to victims of human trafficking.
      
5. Requires CalOES to submit a report to the Legislature and the Governor’s office, on or before January 1, 2021, that describes the counties that received funding, the number of cases filed by the county, the number of convictions obtained, and the sentences imposed for human trafficking crimes in those counties.
   
6. Defines “human trafficking crimes” as any violation of section 236.1 (California’s Human Trafficking Statute) or subdivision (m) of section 647 (Soliciting a Minor for Prostitution).
   
7. States that CalOES shall retain no more than 10 percent of funds appropriated for this program for administrative costs.
8. Provides that this program shall only be operative to the extent that funding is expressly provided in the annual Budget Act or another statute.
   
9. Sunsets the provisions of the bill on January 1, 2023.

EXISTING LAW:

1. Establishes the CalOES within the office of the Governor. (Gov. Code, § 8585, subd. (a).)
   
2. States that the CalOES 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).)
   
3. States that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, intent to commit a specified commercial sex offense, or causes, induces, or persuades a minor to engage in a commercial sex act, is guilty of human trafficking. (Pen. Code, § 236.1)
   
4. Provides that any person who solicits a minor for any act of prostitution is guilty of disorderly conduct. (Pen. Code, § 647 subd. (m).)
5. Establishes a vertical prosecution program for spousal abuse within the Department of Justice and states the Legislative finding that “the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting spousal abusers and ensuring appropriate sentences for those offenders.” (Pen. Code § 273.8.)
   
6. Establishes a vertical prosecution program for repeat sex offenders within the CalOES and states the Legislative finding that “the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting repeat sex offenders and ensuring appropriate sentences for those offenders.” (Pen. Code § 999i.)
   
7. Establishes a vertical prosecution program for child abuse within CalOES and states the Legislative finding that “the concept of vertical prosecution, in which a specially trained deputy district attorney, deputy city attorney, or prosecution unit is assigned to a case after arraignment and continuing to its completion, is a proven way of demonstrably increasing the likelihood of convicting child abusers and ensuring appropriate sentences for those offenders.” (Pen. Code § 999q.)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. 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, rather than pleading down to pimping or a lesser crime.”
2. Vertical Prosecution: Vertical prosecution is a case management method employed by district attorney offices where one attorney, or one team of attorneys, is assigned to a case from beginning to end. (Recent Domestic Violence Legislation: Attempting to End the Abuse (1997) 29 McGeorge L. Rev. 650, 654-656.) Often, district attorney offices use the “assembly line” method, where different prosecutors are assigned to manage the same case at the various stages of prosecution. (Id. at 655.) However, the traditional assembly line method leaves prosecutors unfamiliar with the progression of the case and victims must explain their story each time a new prosecutor is assigned. (Id.) Many district attorney offices also use a method where a single prosecutor is assigned to a courtroom, which has the benefit of less scheduling conflicts and more expedient case resolutions. (Id. at 656.)

There are several benefits of vertical prosecution, namely that it treats victims with “fairness and sensitivity,” because it allows the victim to become familiar with the attorney working the case. (Ibid. at 656.) However, there are drawbacks to this method. Vertical prosecution may prolong a case’s resolution, because the court must consider the individual prosecutor’s calendar, which is often consumed with other cases in other courtrooms. (Id. at 656.) This method also requires the prosecutor to be an expert in not only the particular subject matter, but also an expert of how to handle the case at every procedural stage. For example, a prosecutor must possess the skills to handle both pretrial motions and hearings and the actual criminal trial.

1. Office of Emergency Services (CalOES): CalOES is the agency responsible for the coordinating the state’s response to disasters. (http://www.caloes.ca.gov/cal-oes-divisions.) In 2004, the California Legislature merged CalOES and the Governor’s Office of Criminal Justice Planning, which was responsible for providing state and federal grant funds to local communities to prevent crime and help crime victims. Today, CalOES administers federal and state funds for criminal justice, emergency management, victim services, and the homeland security program. Within CalOES’s Human Trafficking & Children’s Division is the Human Trafficking Unit, which includes programs that provide funding and technical assistance for the safety and support of victims of labor and sex trafficking. (http://www.caloes.ca.gov/cal-oes-divisions/grants-management/criminal-justice-emergency-management-victim-services-grant-programs.)
   
   One of these programs is the Human Trafficking Victim Assistance Program, which is designed to assist victims of sex and/or labor trafficking in recovering from the trauma they experience and reintegration into society. (http://www.caloes.ca.gov/GrantsManagementSite/Documents/Final%202017-18%20JLBC%20Report.pdf.) The recipients of this grant must provide comprehensive supportive services, including a 24-hour crisis hotline, emergency shelter, temporary housing, emergency food and clothing, counseling, transportation, legal assistance, and referrals to existing local resources. (Id.) Additionally, grant recipients must maintain operational agreements with agencies such as law enforcement, district attorney offices, victim/witness assistance programs, domestic violence and sexual assault providers, community-based organizations that work with human trafficking victims, and existing Cal OES-funded victim assistance providers. (Id.) In 2017, a cohort of 10 grant recipients were funded a total of $10,000,000 for a two-year period. (Id.)

Another CalOES program, the Human Trafficking Advocate Program, provides funding to various county Victim/Witness Assistance Centers. The Centers must partner with an anti-human trafficking task force in their county to provide services to sex and labor trafficking victims, including referral assistance, victims of crime claims and property returns, orientation to the criminal justice system, including court escort services, training to criminal justice agencies, case status and case disposition, assistance with restitution, and witness protection. (http://www.caloes.ca.gov/GrantsManagementSite/Documents/Final%202017-18%20JLBC%20Report.pdf.) The centers must collaborate with law enforcement, public agencies, victim service providers and other non-profit organizations to enhance or expand delivery of services to victims of human trafficking. (Id.) The program disbursed $983,856 to 9 counties in 2017-2018. (Id.)

CalOES has distributed millions of dollars in grants to its other human trafficking programs including: the Minor Victims of Human Trafficking Program, which funds community-based organizations providing minor victims of human trafficking with comprehensive services such as criminal justice support and advocacy and social, legal and follow-up counseling ($701,000); the Transitional Housing Program which provides safe housing and supportive services like legal counseling and case management to victims of crimes such as human trafficking ($13,666,713); the Unserved/Underserved Victim Advocacy and Outreach Program which serves adult victims of human trafficking and sexual exploitation ($2,114,636), and; the VOCA Training Program, which creates trainings on human trafficking ($2,000,000). (Id.)

This bill would, in addition to the above mentioned programs, establish a vertical prosecution program for human trafficking within CalOES. To the extent that funding is provided in the annual Budget Act or another statute, the program would award up to 11 district attorney’s offices funds to engage in vertical prosecution of human trafficking cases.

1. Argument in Support: According to the San Diego District Attorney’s Office, “In San Diego County, human trafficking is the second largest underground economy after drug trafficking. Our city was recently identified by the FBI as one of the top 13 high intensity child prostitution areas in the nation. Our prosecutors deal with human trafficking cases on a daily basis because this crime is closely intertwined with our local gangs. Our specialized prosecutors collaborate with our law enforcement partners using computer technology to accurately track the increased involvement of local gangs in human trafficking cases. Vertical prosecution of these cases allows us to take a victim-centered approach to ensure the best possible outcome for victims.”
   
2. Argument in Opposition: According to the California Public Defenders Association, “AB 2124 is a bad bill for justice that will unfairly hurt the indigent accused. While the bill understandably wants to encourage human trafficking prosecutions, it is inexplicably silent as to any supplemental funding for public defenders offices that defend the indigent individuals who are accused of this serious crime. Human trafficking cases are labor intensive: they involve witnesses who are difficult – if not impossible – to locate and they often require a thorough examination of electronic media evidence. Supplemental funding for public defender offices is a necessary component of any bill that will result in increased human trafficking prosecutions.”
   
3. Related Legislation:
   
   1. AB 2359 (Maienschein), of the 2017-2018 Legislative Session, would require CalOES to allocate and award funds for a specified number of district attorney offices that employ a vertical prosecution methodology for the prosecution of sexual assault crimes involving disabled and developmentally disabled victims. AB 2359 is pending in the Assembly Appropriations Committee.
   2. AB 1882 (Cervantes), of the 2017-2018 Legislative Session, would expand the crime of communicating with a minor with the intent to commit specified sexual offenses with the minor to include attempting to contact or communicating with a minor with the intent to commit human trafficking. AB 1882 is pending in the Assembly Appropriations Committee.
   3. AB 2356 (Kiley), of the 2017-2018 Legislative Session, would add the offense of human sex trafficking to the list of violent felonies and make it a strike for purposes of the Three Strikes Law. AB 2356 is pending in the Assembly Appropriations Committee.
   4. AB 2216 (Patterson), of the 2017-2018 Legislative Session, would appropriate 15 million dollars annually from the General Fund to CalOES for awarding grants to support programs for human trafficking victims. AB 2216 is pending in the Assembly Appropriations Committee.
      
   5. AB 2992 (Daly), of the 2017-2018 Legislative Session, would require POST to develop a course on commercially sexually exploited children and human trafficking and require the course be included in the basic peace officer training course. AB 2992 is pending in the Assembly Appropriations Committee.
   6. AB 2823 (Nazarian), of the 2017-2018 Legislative Session, would add sex trafficking and “non-forcible” sex crimes to the violent felonies list. AB 2823 is pending in the Assembly Appropriations Committee.
      
4. Prior Legislation:
   
   1. AB 229 (Baker), of the 2017-2018 Legislative Session would appropriate $2,600,000 from the General Fund to CalOES to establish and fund a human trafficking vertical prosecution program. AB 229 was held in Senate Appropriations Committee.
   2. AB 704 (Grayson), of the 2017-2018 Legislative Session, would have authorized a county to establish a domestic violence multidisciplinary personnel team and a human trafficking multidisciplinary personnel team to allow agencies to share confidential information in order to investigate reports of suspected crimes. AB 704 died in the Assembly Public Safety Committee.
   3. AB 1731 (Atkins), of the 2015-2016 Legislative Session, would have created the Statewide Interagency Human Trafficking Task Force within the Department of Justice, which would consist of representatives from several state agencies and be chaired by a representative from the Department of Justice. AB 1731 was held in the Senate Appropriations Committee.
      
   4. AB 2202 (Baker), of the 2015-2016 Legislative Session, would have appropriated $2,600,000 from the General Fund to CalOES to establish and fund a human trafficking vertical prosecution program. AB 2202 was held in the Assembly Appropriations Committee.
      
   5. AB 1623 (Atkins), Chapter 85, Statutes of 2014, authorized 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

California Catholic Conference

San Diego County District Attorney’s Office

Opposition

California Public Defenders Association

Analysis Prepared by:

Liah Burnley / PUB. S. / (916) 319-3744