AB 2216: Human trafficking victims assistance: grants.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-05
Existing law creates the Human Trafficking Victims Assistance Fund in the State Treasury. Existing law makes the Office of Emergency Services responsible for awarding grants, based on specified criteria, to qualified nonprofit organizations that provide services to victims of human trafficking.
This bill would appropriate $10,000,000 also require the office to conduct a prevalence study to better understand human trafficking in California and a comprehensive audit and evaluative study of qualified nonprofit organizations that are awarded grants pursuant to these provisions. The bill would also state the intent of the Legislature to annually enact legislation in the Budget Act that would appropriate $15,000,000 from the General Fund to the Office of Emergency Services for the purpose of awarding grants to support programs for victims of human trafficking. trafficking, increasing technical assistance provided to, and training of, qualified nonprofit organizations, and conducting the studies described above.
Existing law creates the Human Trafficking Victims Assistance Fund in the State Treasury. Existing law makes the Office of Emergency Services responsible for awarding grants, based on specified criteria, to qualified nonprofit organizations that provide services to victims of human trafficking.
This bill would appropriate $10,000,000 from the General Fund to the Office of Emergency Services for the purpose of awarding grants to support programs for victims of human trafficking.
Existing law establishes the Investment in Mental Health Wellness Act of 2013 and provides that funds appropriated by the Legislature to the California Health Facilities Financing Authority for the purposes of the act be made available to selected counties or counties acting jointly, except as otherwise provided, and used to increase, among others, capacity for client assistance and services in crisis intervention, crisis stabilization, crisis residential treatment, mobile crisis support teams, and family respite care. The act makes legislative findings and declarations in support of its provisions.This bill would make technical, nonsubstantive changes to the legislative findings and declarations of the Investment in Mental Health Wellness Act of 2013.Existing law establishes the Investment in Mental Health Wellness Act of 2013 and provides that funds appropriated by the Legislature to the California Health Facilities Financing Authority for the purposes of the act be made available to selected counties or counties acting jointly, except as otherwise provided, and used to increase, among others, capacity for client assistance and services in crisis intervention, crisis stabilization, crisis residential treatment, mobile crisis support teams, and family respite care. The act makes legislative findings and declarations in support of its provisions.
This bill would make technical, nonsubstantive changes to the legislative findings and declarations of the Investment in Mental Health Wellness Act of 2013.
(a)There is hereby created in the State Treasury the Human Trafficking Victims Assistance Fund. Moneys in the fund, including any interest earned, shall only be expended to support programs for victims of human trafficking pursuant to the requirements of this article and for reimbursement of costs incurred by the office in connection with its duties under this section. Of the amounts appropriated to the fund, no more than 5 percent shall be applied for reimbursement of costs incurred by the office in connection with its duties.
(b)The office shall do all of the following:
(1)Be responsible for overseeing the grant program.
(2)Award grants based on the following:
(A)The capability of the qualified nonprofit organization to provide comprehensive services.
(B)The stated goals and objectives of the qualified nonprofit organization.
(C)The number of people to be served and the needs of the community.
(D)Evidence of community support.
(E)Other criteria the office deems appropriate that is consistent with the requirements of this paragraph.
(3)Publish deadlines and written procedures for qualified nonprofit organizations to apply for the grants.
(4)(A)Conduct a prevalence study to better understand human trafficking in California and, on or before January 1, 2023, and every six years thereafter, issue a report to the Legislature containing the findings of the study, which shall also be made available to the public on the offices Internet Web site.
(B)The report shall include, but shall not be limited to, all of the following:
(i)The prevalence of sex trafficking.
(ii)The prevalence of labor trafficking.
(iii)Identification of impacted industries.
(iv)The sex, age, and citizenship status of victims, as aggregated.
(v)Geographic analysis by county, city and county, or district.
(C)A report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(5)(A)Conduct a comprehensive audit and evaluative study of qualified nonprofit organizations that are awarded grants pursuant to this section and, on or before January 1, 2026, and every six years thereafter, issue a report to the Legislature containing the findings of the study.
(B)A report submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(c)The It is the intent of the Legislature to annually enact legislation in the Budget Act that would appropriate the sum of ten fifteen million dollars ($10,000,000) is hereby appropriated ($15,000,000) from the General Fund to the office for the purpose of awarding grants to support programs for victims of human trafficking. trafficking, increasing technical assistance provided to, and training of, qualified nonprofit organizations, and conducting the studies described in paragraphs (4) and (5) of subdivision (b).
(a)There is hereby created in the State Treasury the Human Trafficking Victims Assistance Fund. Moneys in the fund, including any interest earned, shall only be expended to support programs for victims of human trafficking pursuant to the requirements of this article and for reimbursement of costs incurred by the office in connection with its duties under this section. Of the amounts appropriated to the fund, no more than 5 percent shall be applied for reimbursement of costs incurred by the office in connection with its duties.
(b)The office shall do all of the following:
(1)Be responsible for overseeing the grant program.
(2)Award grants based on the following:
(A)The capability of the qualified nonprofit organization to provide comprehensive services.
(B)The stated goals and objectives of the qualified nonprofit organization.
(C)The number of people to be served and the needs of the community.
(D)Evidence of community support.
(E)Other criteria the office deems appropriate that is consistent with the requirements of this paragraph.
(3)Publish deadlines and written procedures for qualified nonprofit organizations to apply for the grants.
(c)The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the office for the purpose of awarding grants to support programs for victims of human trafficking.
SECTION 1.Section 5848.5 of the Welfare and Institutions Code is amended to read:5848.5.(a)The Legislature finds and declares all of the following:(1)California has realigned public community mental health services to counties and it is imperative that sufficient community-based resources be available to meet the mental health needs of eligible individuals.(2)Increasing access to effective outpatient and crisis stabilization services provides an opportunity to reduce costs associated with expensive inpatient and emergency room care and to better meet the needs of individuals with mental health disorders in the least restrictive manner possible.(3)Almost one-fifth of people with mental health disorders visit the emergency room of a hospital at least once per year. If an adequate array of crisis services is not available, an individual is left with little choice but to access an emergency room for assistance and, potentially, an unnecessary inpatient hospitalization.(4)Recent reports have called attention to a continuing problem of inappropriate and unnecessary utilization of hospital emergency rooms in California due to limited community-based services for individuals in psychological distress and acute psychiatric crisis. Hospitals report that 70 percent of people taken to emergency rooms for psychiatric evaluation can be stabilized and transferred to a less intensive level of crisis care. Law enforcement personnel report that their personnel need to stay with people in the emergency room waiting area until a placement is found, and that less intensive levels of care tend not to be available.(5)Comprehensive public and private partnerships at both local and regional levels, including across physical health services, mental health, substance use disorder, law enforcement, social services, and related supports, are necessary to develop and maintain high quality, patient-centered, and cost-effective care for individuals with mental health disorders that facilitates their recovery and leads towards wellness.(6)The recovery of individuals with mental health disorders is important for all levels of government, business, and the local community.(b)This section shall be known, and may be cited, as the Investment in Mental Health Wellness Act of 2013. The objectives of this section are to do all of the following:(1)Expand access to early intervention and treatment services to improve the client experience, achieve recovery and wellness, and reduce costs.(2)Expand the continuum of services to address crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness, resiliency, and recovery oriented.(3)Add at least 25 mobile crisis support teams and at least 2,000 crisis stabilization and crisis residential treatment beds to bolster capacity at the local level to improve access to mental health crisis services and address unmet mental health care needs.(4)Add at least 600 triage personnel to provide intensive case management and linkage to services for individuals with mental health care disorders at various points of access, such as at designated community-based service points, homeless shelters, and clinics.(5)Reduce unnecessary hospitalizations and inpatient days by appropriately utilizing community-based services and improving access to timely assistance.(6)Reduce recidivism and mitigate unnecessary expenditures of local law enforcement.(7)Provide local communities with increased financial resources to leverage additional public and private funding sources to achieve improved networks of care for individuals with mental health disorders.(8)Provide a complete continuum of crisis services for children and youth 21 years of age and under regardless of where they live in the state. The funds included in the 2016 Budget Act for the purpose of developing the continuum of mental health crisis services for children and youth 21 years of age and under shall be for the following objectives:(A)Provide a continuum of crisis services for children and youth 21 years of age and under regardless of where they live in the state.(B)Provide for early intervention and treatment services to improve the client experience, achieve recovery and wellness, and reduce costs.(C)Expand the continuum of community-based services to address crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness-, resiliency-, and recovery-oriented.(D)Add at least 200 mobile crisis support teams.(E)Add at least 120 crisis stabilization services and beds and crisis residential treatment beds to increase capacity at the local level to improve access to mental health crisis services and address unmet mental health care needs.(F)Add triage personnel to provide intensive case management and linkage to services for individuals with mental health care disorders at various points of access, such as at designated community-based service points, homeless shelters, schools, and clinics.(G)Expand family respite care to help families and sustain caregiver health and well-being.(H)Expand family supportive training and related services designed to help families participate in the planning process, access services, and navigate programs.(I)Reduce unnecessary hospitalizations and inpatient days by appropriately utilizing community-based services.(J)Reduce recidivism and mitigate unnecessary expenditures of local law enforcement.(K)Provide local communities with increased financial resources to leverage additional public and private funding sources to achieve improved networks of care for children and youth 21 years of age and under with mental health disorders.(c)Through appropriations provided in the annual Budget Act for this purpose, it is the intent of the Legislature to authorize the California Health Facilities Financing Authority, hereafter referred to as the authority, and the Mental Health Services Oversight and Accountability Commission, hereafter referred to as the commission, to administer competitive selection processes as provided in this section for capital capacity and program expansion to increase capacity for mobile crisis support, crisis intervention, crisis stabilization services, crisis residential treatment, and specified personnel resources.(d)Funds appropriated by the Legislature to the authority for purposes of this section shall be made available to selected counties, or counties acting jointly. The authority may, at its discretion, also give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively supports this designation and collaboration in lieu of a county government directly receiving grant funds.(1)Grant awards made by the authority shall be used to expand local resources for the development, capital, equipment acquisition, and applicable program startup or expansion costs to increase capacity for client assistance and services in the following areas:(A)Crisis intervention, as authorized by Sections 14021.4, 14680, and 14684.(B)Crisis stabilization, as authorized by Sections 14021.4, 14680, and 14684.(C)Crisis residential treatment, as authorized by Sections 14021.4, 14680, and 14684 and as provided at a childrens crisis residential program, as defined in Section 1502 of the Health and Safety Code.(D)Rehabilitative mental health services, as authorized by Sections 14021.4, 14680, and 14684.(E)Mobile crisis support teams, including personnel and equipment, such as the purchase of vehicles.(2)The authority shall develop selection criteria to expand local resources, including those described in paragraph (1), and processes for awarding grants after consulting with representatives and interested stakeholders from the mental health community, including, but not limited to, the County Behavioral Health Directors Association of California, service providers, consumer organizations, and other appropriate interests, such as health care providers and law enforcement, as determined by the authority. The authority shall ensure that grants result in cost-effective expansion of the number of community-based crisis resources in regions and communities selected for funding. The authority shall also take into account at least the following criteria and factors when selecting recipients of grants and determining the amount of grant awards:(A)Description of need, including, at a minimum, a comprehensive description of the project, community need, population to be served, linkage with other public systems of health and mental health care, linkage with local law enforcement, social services, and related assistance, as applicable, and a description of the request for funding.(B)Ability to serve the target population, which includes individuals eligible for Medi-Cal and individuals eligible for county health and mental health services.(C)Geographic areas or regions of the state to be eligible for grant awards, which may include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California.(D)Level of community engagement and commitment to project completion.(E)Financial support that, in addition to a grant that may be awarded by the authority, will be sufficient to complete and operate the project for which the grant from the authority is awarded.(F)Ability to provide additional funding support to the project, including public or private funding, federal tax credits and grants, foundation support, and other collaborative efforts.(G)Memorandum of understanding among project partners, if applicable.(H)Information regarding the legal status of the collaborating partners, if applicable.(I)Ability to measure key outcomes, including improved access to services, health and mental health outcomes, and cost benefit of the project.(3)The authority shall determine maximum grants awards, which shall take into consideration the number of projects awarded to the grantee, as described in paragraph (1), and shall reflect reasonable costs for the project and geographic region. The authority may allocate a grant in increments contingent upon the phases of a project.(4)Funds awarded by the authority pursuant to this section may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or any other member of a collaborative effort that has been awarded a grant.(5)All projects that are awarded grants by the authority shall be completed within a reasonable period of time, to be determined by the authority. Funds shall not be released by the authority until the applicant demonstrates project readiness to the authoritys satisfaction. If the authority determines that a grant recipient has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all or a portion of the grant.(6)A grantee that receives a grant from the authority under this section shall commit to using that capital capacity and program expansion project, such as the mobile crisis team, crisis stabilization unit, or crisis residential treatment program, for the duration of the expected life of the project.(7)The authority may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, for purposes of implementing this section.(8)The authority may adopt emergency regulations relating to the grants for the capital capacity and program expansion projects described in this section, including emergency regulations that define eligible costs and determine minimum and maximum grant amounts.(9)The authority shall provide reports to the fiscal and policy committees of the Legislature on or before May 1, 2014, and on or before May 1, 2015, on the progress of implementation, that include, but are not limited to, the following:(A)A description of each project awarded funding.(B)The amount of each grant issued.(C)A description of other sources of funding for each project.(D)The total amount of grants issued.(E)A description of project operation and implementation, including who is being served.(10)A recipient of a grant provided pursuant to paragraph (1) shall adhere to all applicable laws relating to scope of practice, licensure, certification, staffing, and building codes.(e)Of the funds specified in paragraph (8) of subdivision (b), it is the intent of the Legislature to authorize the authority and the commission to administer competitive selection processes as provided in this section for capital capacity and program expansion to increase capacity for mobile crisis support, crisis intervention, crisis stabilization services, crisis residential treatment, family respite care, family supportive training and related services, and triage personnel resources for children and youth 21 years of age and under.(f)Funds appropriated by the Legislature to the authority to address crisis services for children and youth 21 years of age and under for the purposes of this section shall be made available to selected counties or counties acting jointly. The authority may, at its discretion, also give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively support this designation and collaboration in lieu of a county government directly receiving grant funds.(1)Grant awards made by the authority shall be used to expand local resources for the development, capital, equipment acquisition, and applicable program startup or expansion costs to increase capacity for client assistance and crisis services for children and youth 21 years of age and under in the following areas:(A)Crisis intervention, as authorized by Sections 14021.4, 14680, and 14684.(B)Crisis stabilization, as authorized by Sections 14021.4, 14680, and 14684.(C)Crisis residential treatment, as authorized by Sections 14021.4, 14680, and 14684 and as provided at a childrens crisis residential program, as defined in Section 1502 of the Health and Safety Code.(D)Mobile crisis support teams, including the purchase of equipment and vehicles.(E)Family respite care.(2)The authority shall develop selection criteria to expand local resources, including those described in paragraph (1), and processes for awarding grants after consulting with representatives and interested stakeholders from the mental health community, including, but not limited to, county mental health directors, service providers, consumer organizations, and other appropriate interests, such as health care providers and law enforcement, as determined by the authority. The authority shall ensure that grants result in cost-effective expansion of the number of community-based crisis resources in regions and communities selected for funding. The authority shall also take into account at least the following criteria and factors when selecting recipients of grants and determining the amount of grant awards:(A)Description of need, including, at a minimum, a comprehensive description of the project, community need, population to be served, linkage with other public systems of health and mental health care, linkage with local law enforcement, social services, and related assistance, as applicable, and a description of the request for funding.(B)Ability to serve the target population, which includes individuals eligible for Medi-Cal and individuals eligible for county health and mental health services.(C)Geographic areas or regions of the state to be eligible for grant awards, which may include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the California Behavioral Health Directors Association.(D)Level of community engagement and commitment to project completion.(E)Financial support that, in addition to a grant that may be awarded by the authority, will be sufficient to complete and operate the project for which the grant from the authority is awarded.(F)Ability to provide additional funding support to the project, including public or private funding, federal tax credits and grants, foundation support, and other collaborative efforts.(G)Memorandum of understanding among project partners, if applicable.(H)Information regarding the legal status of the collaborating partners, if applicable.(I)Ability to measure key outcomes, including utilization of services, health and mental health outcomes, and cost benefit of the project.(3)The authority shall determine maximum grant awards, which shall take into consideration the number of projects awarded to the grantee, as described in paragraph (1), and shall reflect reasonable costs for the project, geographic region, and target ages. The authority may allocate a grant in increments contingent upon the phases of a project.(4)Funds awarded by the authority pursuant to this section may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or any other member of a collaborative effort that has been awarded a grant.(5)All projects that are awarded grants by the authority shall be completed within a reasonable period of time, to be determined by the authority. Funds shall not be released by the authority until the applicant demonstrates project readiness to the authoritys satisfaction. If the authority determines that a grant recipient has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all, or a portion, of the grant.(6)A grantee that receives a grant from the authority under this section shall commit to using that capital capacity and program expansion project, such as the mobile crisis team, crisis stabilization unit, family respite care, or crisis residential treatment program, for the duration of the expected life of the project.(7)The authority may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, for the purposes of implementing this section.(8)The authority may adopt emergency regulations relating to the grants for the capital capacity and program expansion projects described in this section, including emergency regulations that define eligible costs and determine minimum and maximum grant amounts.(9)The authority shall provide reports to the fiscal and policy committees of the Legislature on or before January 10, 2018, and annually thereafter, on the progress of implementation, that include, but are not limited to, the following:(A)A description of each project awarded funding.(B)The amount of each grant issued.(C)A description of other sources of funding for each project.(D)The total amount of grants issued.(E)A description of project operation and implementation, including who is being served.(10)A recipient of a grant provided pursuant to paragraph (1) shall adhere to all applicable laws relating to scope of practice, licensure, certification, staffing, and building codes.(g)Funds appropriated by the Legislature to the commission for purposes of this section shall be allocated for triage personnel to provide intensive case management and linkage to services for individuals with mental health disorders at various points of access. These funds shall be made available to selected counties, counties acting jointly, or city mental health departments, as determined by the commission through a selection process. It is the intent of the Legislature for these funds to be allocated in an efficient manner to encourage early intervention and receipt of needed services for individuals with mental health disorders, and to assist in navigating the local service sector to improve efficiencies and the delivery of services.(1)Triage personnel may provide targeted case management services face to face, by telephone, or by telehealth with the individual in need of assistance or his or her significant support person, and may be provided anywhere in the community. These service activities may include, but are not limited to, the following:(A)Communication, coordination, and referral.(B)Monitoring service delivery to ensure the individual accesses and receives services.(C)Monitoring the individuals progress.(D)Providing placement service assistance and service plan development.(2)The commission shall take into account at least the following criteria and factors when selecting recipients and determining the amount of grant awards for triage personnel as follows:(A)Description of need, including potential gaps in local service connections.(B)Description of funding request, including personnel and use of peer support.(C)Description of how triage personnel will be used to facilitate linkage and access to services, including objectives and anticipated outcomes.(D)Ability to obtain federal Medicaid reimbursement, when applicable.(E)Ability to administer an effective service program and the degree to which local agencies and service providers will support and collaborate with the triage personnel effort.(F)Geographic areas or regions of the state to be eligible for grant awards, which shall include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California.(3)The commission shall determine maximum grant awards, and shall take into consideration the level of need, population to be served, and related criteria, as described in paragraph (2), and shall reflect reasonable costs.(4)Funds awarded by the commission for purposes of this section may be used to supplement, but not supplant, existing financial and resource commitments of the county, counties acting jointly, or city mental health department that received the grant.(5)Notwithstanding any other law, a county, counties acting jointly, or city mental health department that receives an award of funds for the purpose of supporting triage personnel pursuant to this subdivision is not required to provide a matching contribution of local funds.(6)Notwithstanding any other law, the commission, without taking any further regulatory action, may implement, interpret, or make specific this section by means of informational letters, bulletins, or similar instructions.(7)The commission shall provide a status report to the fiscal and policy committees of the Legislature on the progress of implementation no later than March 1, 2014.(h)Funds appropriated by the Legislature to the commission pursuant to paragraph (8) of subdivision (b) for the purposes of addressing childrens crisis services shall be allocated to support triage personnel and family supportive training and related services. These funds shall be made available to selected counties, counties acting jointly, or city mental health departments, as determined by the commission through a selection process. The commission may, at its discretion, also give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively supports this designation and collaboration in lieu of a county government directly receiving grant funds.(1)These funds may provide for a range of crisis-related services for a child in need of assistance, or his or her parent, guardian, or caregiver. These service activities may include, but are not limited to, the following:(A)Intensive coordination of care and services.(B)Communication, coordination, and referral.(C)Monitoring service delivery to the child or youth.(D)Monitoring the childs progress.(E)Providing placement service assistance and service plan development.(F)Crisis or safety planning.(2)The commission shall take into account at least the following criteria and factors when selecting recipients and determining the amount of grant awards for these funds, as follows:(A)Description of need, including potential gaps in local service connections.(B)Description of funding request, including personnel.(C)Description of how personnel and other services will be used to facilitate linkage and access to services, including objectives and anticipated outcomes.(D)Ability to obtain federal Medicaid reimbursement, when applicable.(E)Ability to provide a matching contribution of local funds.(F)Ability to administer an effective service program and the degree to which local agencies and service providers will support and collaborate with the triage personnel effort.(G)Geographic areas or regions of the state to be eligible for grant awards, which shall include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California.(3)The commission shall determine maximum grant awards, and shall take into consideration the level of need, population to be served, and related criteria, as described in paragraph (2), and shall reflect reasonable costs.(4)Funds awarded by the commission for purposes of this section may be used to supplement, but not supplant, existing financial and resource commitments of the county, counties acting jointly, or a city mental health department that received the grant.(5)Notwithstanding any other law, a county, counties acting jointly, or a city mental health department that receives an award of funds for the purpose of this section is not required to provide a matching contribution of local funds.(6)Notwithstanding any other law, the commission, without taking any further regulatory action, may implement, interpret, or make specific this section by means of informational letters, bulletins, or similar instructions.(7)The commission may waive requirements in this section for counties with a population of 100,000 or less, if the commission determines it is in the best interest of the state and meets the intent of the law.(8)The commission shall provide a status report to the fiscal and policy committees of the Legislature on the progress of implementation no later than January 10, 2018, and annually thereafter.(a)The Legislature finds and declares all of the following:
(1)California has realigned public community mental health services to counties and it is imperative that sufficient community-based resources be available to meet the mental health needs of eligible individuals.
(2)Increasing access to effective outpatient and crisis stabilization services provides an opportunity to reduce costs associated with expensive inpatient and emergency room care and to better meet the needs of individuals with mental health disorders in the least restrictive manner possible.
(3)Almost one-fifth of people with mental health disorders visit the emergency room of a hospital emergency room at least once per year. If an adequate array of crisis services is not available, it leaves an individual is left with little choice but to access an emergency room for assistance and, potentially, an unnecessary inpatient hospitalization.
(4)Recent reports have called attention to a continuing problem of inappropriate and unnecessary utilization of hospital emergency rooms in California due to limited community-based services for individuals in psychological distress and acute psychiatric crisis. Hospitals report that 70 percent of people taken to emergency rooms for psychiatric evaluation can be stabilized and transferred to a less intensive level of crisis care. Law enforcement personnel report that their personnel need to stay with people in the emergency room waiting area until a placement is found, and that less intensive levels of care tend not to be available.
(5)Comprehensive public and private partnerships at both local and regional levels, including across physical health services, mental health, substance use disorder, law enforcement, social services, and related supports, are necessary to develop and maintain high quality, patient-centered, and cost-effective care for individuals with mental health disorders that facilitates their recovery and leads towards wellness.
(6)The recovery of individuals with mental health disorders is important for all levels of government, business, and the local community.
(b)This section shall be known, and may be cited, as the Investment in Mental Health Wellness Act of 2013. The objectives of this section are to do all of the following:
(1)Expand access to early intervention and treatment services to improve the client experience, achieve recovery and wellness, and reduce costs.
(2)Expand the continuum of services to address crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness, resiliency, and recovery oriented.
(3)Add at least 25 mobile crisis support teams and at least 2,000 crisis stabilization and crisis residential treatment beds to bolster capacity at the local level to improve access to mental health crisis services and address unmet mental health care needs.
(4)Add at least 600 triage personnel to provide intensive case management and linkage to services for individuals with mental health care disorders at various points of access, such as at designated community-based service points, homeless shelters, and clinics.
(5)Reduce unnecessary hospitalizations and inpatient days by appropriately utilizing community-based services and improving access to timely assistance.
(6)Reduce recidivism and mitigate unnecessary expenditures of local law enforcement.
(7)Provide local communities with increased financial resources to leverage additional public and private funding sources to achieve improved networks of care for individuals with mental health disorders.
(8)Provide a complete continuum of crisis services for children and youth 21 years of age and under regardless of where they live in the state. The funds included in the 2016 Budget Act for the purpose of developing the continuum of mental health crisis services for children and youth 21 years of age and under shall be for the following objectives:
(A)Provide a continuum of crisis services for children and youth 21 years of age and under regardless of where they live in the state.
(B)Provide for early intervention and treatment services to improve the client experience, achieve recovery and wellness, and reduce costs.
(C)Expand the continuum of community-based services to address crisis intervention, crisis stabilization, and crisis residential treatment needs that are wellness-, resiliency-, and recovery-oriented.
(D)Add at least 200 mobile crisis support teams.
(E)Add at least 120 crisis stabilization services and beds and crisis residential treatment beds to increase capacity at the local level to improve access to mental health crisis services and address unmet mental health care needs.
(F)Add triage personnel to provide intensive case management and linkage to services for individuals with mental health care disorders at various points of access, such as at designated community-based service points, homeless shelters, schools, and clinics.
(G)Expand family respite care to help families and sustain caregiver health and well-being.
(H)Expand family supportive training and related services designed to help families participate in the planning process, access services, and navigate programs.
(I)Reduce unnecessary hospitalizations and inpatient days by appropriately utilizing community-based services.
(J)Reduce recidivism and mitigate unnecessary expenditures of local law enforcement.
(K)Provide local communities with increased financial resources to leverage additional public and private funding sources to achieve improved networks of care for children and youth 21 years of age and under with mental health disorders.
(c)Through appropriations provided in the annual Budget Act for this purpose, it is the intent of the Legislature to authorize the California Health Facilities Financing Authority, hereafter referred to as the authority, and the Mental Health Services Oversight and Accountability Commission, hereafter referred to as the commission, to administer competitive selection processes as provided in this section for capital capacity and program expansion to increase capacity for mobile crisis support, crisis intervention, crisis stabilization services, crisis residential treatment, and specified personnel resources.
(d)Funds appropriated by the Legislature to the authority for purposes of this section shall be made available to selected counties, or counties acting jointly. The authority may, at its discretion, also give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively supports this designation and collaboration in lieu of a county government directly receiving grant funds.
(1)Grant awards made by the authority shall be used to expand local resources for the development, capital, equipment acquisition, and applicable program startup or expansion costs to increase capacity for client assistance and services in the following areas:
(A)Crisis intervention, as authorized by Sections 14021.4, 14680, and 14684.
(B)Crisis stabilization, as authorized by Sections 14021.4, 14680, and 14684.
(C)Crisis residential treatment, as authorized by Sections 14021.4, 14680, and 14684 and as provided at a childrens crisis residential program, as defined in Section 1502 of the Health and Safety Code.
(D)Rehabilitative mental health services, as authorized by Sections 14021.4, 14680, and 14684.
(E)Mobile crisis support teams, including personnel and equipment, such as the purchase of vehicles.
(2)The authority shall develop selection criteria to expand local resources, including those described in paragraph (1), and processes for awarding grants after consulting with representatives and interested stakeholders from the mental health community, including, but not limited to, the County Behavioral Health Directors Association of California, service providers, consumer organizations, and other appropriate interests, such as health care providers and law enforcement, as determined by the authority. The authority shall ensure that grants result in cost-effective expansion of the number of community-based crisis resources in regions and communities selected for funding. The authority shall also take into account at least the following criteria and factors when selecting recipients of grants and determining the amount of grant awards:
(A)Description of need, including, at a minimum, a comprehensive description of the project, community need, population to be served, linkage with other public systems of health and mental health care, linkage with local law enforcement, social services, and related assistance, as applicable, and a description of the request for funding.
(B)Ability to serve the target population, which includes individuals eligible for Medi-Cal and individuals eligible for county health and mental health services.
(C)Geographic areas or regions of the state to be eligible for grant awards, which may include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California.
(D)Level of community engagement and commitment to project completion.
(E)Financial support that, in addition to a grant that may be awarded by the authority, will be sufficient to complete and operate the project for which the grant from the authority is awarded.
(F)Ability to provide additional funding support to the project, including public or private funding, federal tax credits and grants, foundation support, and other collaborative efforts.
(G)Memorandum of understanding among project partners, if applicable.
(H)Information regarding the legal status of the collaborating partners, if applicable.
(I)Ability to measure key outcomes, including improved access to services, health and mental health outcomes, and cost benefit of the project.
(3)The authority shall determine maximum grants awards, which shall take into consideration the number of projects awarded to the grantee, as described in paragraph (1), and shall reflect reasonable costs for the project and geographic region. The authority may allocate a grant in increments contingent upon the phases of a project.
(4)Funds awarded by the authority pursuant to this section may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or any other member of a collaborative effort that has been awarded a grant.
(5)All projects that are awarded grants by the authority shall be completed within a reasonable period of time, to be determined by the authority. Funds shall not be released by the authority until the applicant demonstrates project readiness to the authoritys satisfaction. If the authority determines that a grant recipient has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all or a portion of the grant.
(6)A grantee that receives a grant from the authority under this section shall commit to using that capital capacity and program expansion project, such as the mobile crisis team, crisis stabilization unit, or crisis residential treatment program, for the duration of the expected life of the project.
(7)The authority may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, for purposes of implementing this section.
(8)The authority may adopt emergency regulations relating to the grants for the capital capacity and program expansion projects described in this section, including emergency regulations that define eligible costs and determine minimum and maximum grant amounts.
(9)The authority shall provide reports to the fiscal and policy committees of the Legislature on or before May 1, 2014, and on or before May 1, 2015, on the progress of implementation, that include, but are not limited to, the following:
(A)A description of each project awarded funding.
(B)The amount of each grant issued.
(C)A description of other sources of funding for each project.
(D)The total amount of grants issued.
(E)A description of project operation and implementation, including who is being served.
(10)A recipient of a grant provided pursuant to paragraph (1) shall adhere to all applicable laws relating to scope of practice, licensure, certification, staffing, and building codes.
(e)Of the funds specified in paragraph (8) of subdivision (b), it is the intent of the Legislature to authorize the authority and the commission to administer competitive selection processes as provided in this section for capital capacity and program expansion to increase capacity for mobile crisis support, crisis intervention, crisis stabilization services, crisis residential treatment, family respite care, family supportive training and related services, and triage personnel resources for children and youth 21 years of age and under.
(f)Funds appropriated by the Legislature to the authority to address crisis services for children and youth 21 years of age and under for the purposes of this section shall be made available to selected counties or counties acting jointly. The authority may, at its discretion, also give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively support this designation and collaboration in lieu of a county government directly receiving grant funds.
(1)Grant awards made by the authority shall be used to expand local resources for the development, capital, equipment acquisition, and applicable program startup or expansion costs to increase capacity for client assistance and crisis services for children and youth 21 years of age and under in the following areas:
(A)Crisis intervention, as authorized by Sections 14021.4, 14680, and 14684.
(B)Crisis stabilization, as authorized by Sections 14021.4, 14680, and 14684.
(C)Crisis residential treatment, as authorized by Sections 14021.4, 14680, and 14684 and as provided at a childrens crisis residential program, as defined in Section 1502 of the Health and Safety Code.
(D)Mobile crisis support teams, including the purchase of equipment and vehicles.
(E)Family respite care.
(2)The authority shall develop selection criteria to expand local resources, including those described in paragraph (1), and processes for awarding grants after consulting with representatives and interested stakeholders from the mental health community, including, but not limited to, county mental health directors, service providers, consumer organizations, and other appropriate interests, such as health care providers and law enforcement, as determined by the authority. The authority shall ensure that grants result in cost-effective expansion of the number of community-based crisis resources in regions and communities selected for funding. The authority shall also take into account at least the following criteria and factors when selecting recipients of grants and determining the amount of grant awards:
(A)Description of need, including, at a minimum, a comprehensive description of the project, community need, population to be served, linkage with other public systems of health and mental health care, linkage with local law enforcement, social services, and related assistance, as applicable, and a description of the request for funding.
(B)Ability to serve the target population, which includes individuals eligible for Medi-Cal and individuals eligible for county health and mental health services.
(C)Geographic areas or regions of the state to be eligible for grant awards, which may include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the California Behavioral Health Directors Association.
(D)Level of community engagement and commitment to project completion.
(E)Financial support that, in addition to a grant that may be awarded by the authority, will be sufficient to complete and operate the project for which the grant from the authority is awarded.
(F)Ability to provide additional funding support to the project, including public or private funding, federal tax credits and grants, foundation support, and other collaborative efforts.
(G)Memorandum of understanding among project partners, if applicable.
(H)Information regarding the legal status of the collaborating partners, if applicable.
(I)Ability to measure key outcomes, including utilization of services, health and mental health outcomes, and cost benefit of the project.
(3)The authority shall determine maximum grant awards, which shall take into consideration the number of projects awarded to the grantee, as described in paragraph (1), and shall reflect reasonable costs for the project, geographic region, and target ages. The authority may allocate a grant in increments contingent upon the phases of a project.
(4)Funds awarded by the authority pursuant to this section may be used to supplement, but not to supplant, existing financial and resource commitments of the grantee or any other member of a collaborative effort that has been awarded a grant.
(5)All projects that are awarded grants by the authority shall be completed within a reasonable period of time, to be determined by the authority. Funds shall not be released by the authority until the applicant demonstrates project readiness to the authoritys satisfaction. If the authority determines that a grant recipient has failed to complete the project under the terms specified in awarding the grant, the authority may require remedies, including the return of all, or a portion, of the grant.
(6)A grantee that receives a grant from the authority under this section shall commit to using that capital capacity and program expansion project, such as the mobile crisis team, crisis stabilization unit, family respite care, or crisis residential treatment program, for the duration of the expected life of the project.
(7)The authority may consult with a technical assistance entity, as described in paragraph (5) of subdivision (a) of Section 4061, for the purposes of implementing this section.
(8)The authority may adopt emergency regulations relating to the grants for the capital capacity and program expansion projects described in this section, including emergency regulations that define eligible costs and determine minimum and maximum grant amounts.
(9)The authority shall provide reports to the fiscal and policy committees of the Legislature on or before January 10, 2018, and annually thereafter, on the progress of implementation, that include, but are not limited to, the following:
(A)A description of each project awarded funding.
(B)The amount of each grant issued.
(C)A description of other sources of funding for each project.
(D)The total amount of grants issued.
(E)A description of project operation and implementation, including who is being served.
(10)A recipient of a grant provided pursuant to paragraph (1) shall adhere to all applicable laws relating to scope of practice, licensure, certification, staffing, and building codes.
(g)Funds appropriated by the Legislature to the commission for purposes of this section shall be allocated for triage personnel to provide intensive case management and linkage to services for individuals with mental health disorders at various points of access. These funds shall be made available to selected counties, counties acting jointly, or city mental health departments, as determined by the commission through a selection process. It is the intent of the Legislature for these funds to be allocated in an efficient manner to encourage early intervention and receipt of needed services for individuals with mental health disorders, and to assist in navigating the local service sector to improve efficiencies and the delivery of services.
(1)Triage personnel may provide targeted case management services face to face, by telephone, or by telehealth with the individual in need of assistance or his or her significant support person, and may be provided anywhere in the community. These service activities may include, but are not limited to, the following:
(A)Communication, coordination, and referral.
(B)Monitoring service delivery to ensure the individual accesses and receives services.
(C)Monitoring the individuals progress.
(D)Providing placement service assistance and service plan development.
(2)The commission shall take into account at least the following criteria and factors when selecting recipients and determining the amount of grant awards for triage personnel as follows:
(A)Description of need, including potential gaps in local service connections.
(B)Description of funding request, including personnel and use of peer support.
(C)Description of how triage personnel will be used to facilitate linkage and access to services, including objectives and anticipated outcomes.
(D)Ability to obtain federal Medicaid reimbursement, when applicable.
(E)Ability to administer an effective service program and the degree to which local agencies and service providers will support and collaborate with the triage personnel effort.
(F)Geographic areas or regions of the state to be eligible for grant awards, which shall include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California.
(3)The commission shall determine maximum grant awards, and shall take into consideration the level of need, population to be served, and related criteria, as described in paragraph (2), and shall reflect reasonable costs.
(4)Funds awarded by the commission for purposes of this section may be used to supplement, but not supplant, existing financial and resource commitments of the county, counties acting jointly, or city mental health department that received the grant.
(5)Notwithstanding any other law, a county, counties acting jointly, or city mental health department that receives an award of funds for the purpose of supporting triage personnel pursuant to this subdivision is not required to provide a matching contribution of local funds.
(6)Notwithstanding any other law, the commission, without taking any further regulatory action, may implement, interpret, or make specific this section by means of informational letters, bulletins, or similar instructions.
(7)The commission shall provide a status report to the fiscal and policy committees of the Legislature on the progress of implementation no later than March 1, 2014.
(h)Funds appropriated by the Legislature to the commission pursuant to paragraph (8) of subdivision (b) for the purposes of addressing childrens crisis services shall be allocated to support triage personnel and family supportive training and related services. These funds shall be made available to selected counties, counties acting jointly, or city mental health departments, as determined by the commission through a selection process. The commission may, at its discretion, also give consideration to private nonprofit corporations and public agencies in an area or region of the state if a county, or counties acting jointly, affirmatively supports this designation and collaboration in lieu of a county government directly receiving grant funds.
(1)These funds may provide for a range of crisis-related services for a child in need of assistance, or his or her parent, guardian, or caregiver. These service activities may include, but are not limited to, the following:
(A)Intensive coordination of care and services.
(B)Communication, coordination, and referral.
(C)Monitoring service delivery to the child or youth.
(D)Monitoring the childs progress.
(E)Providing placement service assistance and service plan development.
(F)Crisis or safety planning.
(2)The commission shall take into account at least the following criteria and factors when selecting recipients and determining the amount of grant awards for these funds, as follows:
(A)Description of need, including potential gaps in local service connections.
(B)Description of funding request, including personnel.
(C)Description of how personnel and other services will be used to facilitate linkage and access to services, including objectives and anticipated outcomes.
(D)Ability to obtain federal Medicaid reimbursement, when applicable.
(E)Ability to provide a matching contribution of local funds.
(F)Ability to administer an effective service program and the degree to which local agencies and service providers will support and collaborate with the triage personnel effort.
(G)Geographic areas or regions of the state to be eligible for grant awards, which shall include rural, suburban, and urban areas, and may include use of the five regional designations utilized by the County Behavioral Health Directors Association of California.
(3)The commission shall determine maximum grant awards, and shall take into consideration the level of need, population to be served, and related criteria, as described in paragraph (2), and shall reflect reasonable costs.
(4)Funds awarded by the commission for purposes of this section may be used to supplement, but not supplant, existing financial and resource commitments of the county, counties acting jointly, or a city mental health department that received the grant.
(5)Notwithstanding any other law, a county, counties acting jointly, or a city mental health department that receives an award of funds for the purpose of this section is not required to provide a matching contribution of local funds.
(6)Notwithstanding any other law, the commission, without taking any further regulatory action, may implement, interpret, or make specific this section by means of informational letters, bulletins, or similar instructions.
(7)The commission may waive requirements in this section for counties with a population of 100,000 or less, if the commission determines it is in the best interest of the state and meets the intent of the law.
(8)The commission shall provide a status report to the fiscal and policy committees of the Legislature on the progress of implementation no later than January 10, 2018, and annually thereafter.
|
Date
|
Status
|
|---|---|
| May 25, 2018 | In committee: Held under submission. |
| Apr 25, 2018 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 10, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 10). Re-referred to Com. on APPR. |
| Apr 9, 2018 | Re-referred to Com. on PUB. S. |
| Apr 5, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 19, 2018 | Re-referred to Com. on PUB. S. |
| Mar 15, 2018 | Referred to Com. on PUB. S. |
| Feb 13, 2018 | From printer. May be heard in committee March 15. |
| Feb 12, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 10, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Catholic Conference, Inc. | ** Support | Apr 9, 2018 |
| Gualco Group | * Support | Apr 25, 2018 |
| The Quintana Cruz Company | * Support | Apr 25, 2018 |
Date of Hearing: April 25, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2216
Author:(Patterson) – As Amended Ver:April 5, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill creates a human trafficking victim assistance grant program in the Governor’s Office of Emergency Services (CalOES) and specifies legislative intent to appropriate $15 million in the budget act for this new program. In addition, this bill requires CalOES to conduct a study on human trafficking, which includes specified information, and provide a report to the Legislature on January 1, 2023, and every six years thereafter.
FISCAL EFFECT:
- $15 million GF cost pressure to appropriate the identified level of funding in the budget act.
- Unknown, potentially significant ongoing costs (Human Trafficking Victims Assistance Fund), likely in the hundreds of thousands of dollars, for CalOES to conduct the study and ongoing reports required by this bill.
COMMENTS:
- Background. A March 2015 report from the Legislative Analyst’s Office identified 47 different state programs to help crime victims. Some of these programs are administered by the Victim Compensation Board, which has a sole focus on assisting crime victims. The majority of the other victim programs are administered by CalOES, which is the state’s emergency response agency. Several of the existing programs provide services to victims of human trafficking. Some of these programs are funded with ongoing monies, while others were created as one-time grant programs.
- Purpose. This bill creates a grant program administered by CalOES to assist human trafficking victims. According to the author:
AB 2216 will request $15 million to be allocated annually to CalOES for human trafficking victim assistance grants, to increase technical assistance and training, and to conduct a prevalence study to better understand the crime in California. This is a continuing funding request that will help non-profit organizations throughout California continue their work in aiding human trafficking victims and abolishing this crime.
- Related legislation.
AB 2124 (Baker), of the current legislative session, creates a vertical prosecution grant program at CalOES to fund vertical prosecution of human trafficking crimes, subject to funding provided in the budget act or other statute. AB 2124 is pending in the Assembly Public Safety Committee.
AB 2359 (Maienschein), of the current legislative session, creates a grant program at CalOES to fund vertical prosecution for developmentally disabled victims and appropriates $2.65 million (GF) for the new program. AB 2359 is being heard in this committee on April 25, 2018.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing:
Consultant: Mureed Rasool
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2216
Author:(Patterson) – As Amended Ver:
SUMMARY:
Appropriates $15 million annually from the General Fund and allocates it to the Office of Emergency Services (OES) for the purposes of distributing it to human trafficking victim assistance programs, developing a statewide curriculum for training and providing technical consultation resources, and conducting a study on the prevalence of human trafficking in California. Specifically, this bill:
- Appropriates $15 million annually from the General Fund and allocates it to the Human Trafficking Assistance Fund.
- States that the OES must distribute the funds to qualified nonprofit organizations for the purposes of supporting programs for victims of human trafficking, increasing technical assistance and training, and conducting a study on the prevalence of human trafficking in order to develop a better understanding on human trafficking in California.
- Specifies that the OES must submit the study’s findings on human trafficking to the Legislature on or before January 1, 2023, and every six years thereafter, and to make it publicly available on their website. The study must include the following topics:
- The prevalence of sex trafficking;
- The prevalence of labor trafficking;
- Identification of impacted industries;
- The sex, age, and citizenship status of victims; and,
- A geographic analysis, as specified.
- The prevalence of sex trafficking;
- Requires the OES to conduct a comprehensive audit and evaluative study of qualified nonprofit organizations awarded grants, and to submit a report of the findings to the Legislature on or before January 1, 2026, and every six years thereafter.
EXISTING LAW:
- Establishes the Human Trafficking Victims Assistance Fund, in order to provide grants to support programs that assist victims of human trafficking. (Gov. Code, § 8590.7, subd. (a).)
- Requires the OES to publish procedures for organizations applying for grants and to award grants based on all of the following:
- The capability of the qualified nonprofit organization to provide comprehensive services;
- The stated goals and objectives of the qualified nonprofit organization;
- The number of people served and needs of the community;
- Evidence of community support; and,
- Any other criteria deemed appropriate. (Gov. Code, § 8590.7, subd. (b).)
- The capability of the qualified nonprofit organization to provide comprehensive services;
- Defines the following for the purposes of the section:
- “Victim of human trafficking” as a person who was trafficked under the definition of human trafficking in the Penal Code and was either trafficked in or fled to California;
- “Qualified nonprofit organization” as a nongovernmental, nonprofit organization that employs at least on human trafficking caseworker and provides services to victims of human trafficking, as specified;
- “Comprehensive services” as primary services including providing shelter, a telephone hotline, emergency transportation, and other services, as specified; and,
- “Human trafficking caseworker” as a person who has a master’s degree in counseling, has one year of counseling experience, or meets one of the other requirements, as specified. (Gov. Code, § 8590.6.)
- “Victim of human trafficking” as a person who was trafficked under the definition of human trafficking in the Penal Code and was either trafficked in or fled to California;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “AB 2216 will request $15 million to be allocated annually to CalOES for human trafficking victim assistance grants, to increase technical assistance and training, and to conduct a prevalence study to better understand the crime in California. This is a continuing funding request that will help non-profit organizations throughout California continue their work in aiding human trafficking victims and abolishing this crime.”
- Human Trafficking in California: In California, human trafficking occurs when a person deprives or violates the personal liberty of another with the intent to obtain forced labor or service. (Pen. Code, § 236.1, subd. (a).) These services can include commercial sex acts, forced labor, and domestic servitude. Identifying the scope of human trafficking is particularly difficult because the crime is under-reported and hidden. (California Department of Justice. (2012). The State of Human Trafficking in California. <https://oag.ca.gov/sites/all/files/agweb/pdfs/ht/human-trafficking-2012.pdf> [Apr. 4, 2018].)
Inmate admissions data from 2012 to 2016 provided by the California Department of Justice show an increase in human trafficking convictions. In 2012, there were a total of 38 convictions whereas in 2016 there was a total of 86 convictions. During the four year period, there was a total of 270 convictions. The exact cause of the increase in human trafficking is not clear. It could possibly be attributed to an uptick in human trafficking, or, it may be the result of increased legislative efforts to raise social awareness of the problem and improve law enforcement practices.
According to the Federal Bureau of Investigation, California houses three of the nation’s thirteen High Intensity Child Prostitution areas. (US Department of Justice. (2009). The Federal Bureau of Investigation’s Effort to Combat Crimes Against Children. <https://oig.justice.gov/reports/FBI/a0908/final.pdf> [Apr. 4, 2018].) The prevalence of human trafficking in California is thought to be cause by factors such as the state’s proximity to international borders, the number of ports and airports, immigrant population, and large runaway and homeless population. (Coalition to Abolish Slavery & Trafficking. A Legacy of Comprehensive Services for California’s Trafficking Victims: A Proposal for a Continuing Budget Request for Specialized Services for Victims of Human Trafficking in California’s General Fund. <www.castla.org/assets/files/cast-funding-proposal-updated1-2017.docx> [Apr. 4, 2018].) - California’s Efforts to Provide Services for Trafficked Victims: As reported by the Coalition to Abolish Slavery & Trafficking (CAST), “In 2014, the California State Legislature took an important first step in improving access to comprehensive services by approving a $10 million, one-time funding request for organizations providing comprehensive direct services to victims of trafficking. In 2015, the California State Legislature established a Human Trafficking Victim Assistance Fund, to which it allocated another $10 million one-time award. In 2017, the California State Legislature approved an additional one-time funding request of $5 million.” (A Legacy of Comprehensive Services for California’s Trafficking Victims: A Proposal for a Continuing Budget Request for Specialized Services for Victims of Human Trafficking in California’s General Fund. <www.castla.org/assets/files/cast-funding-proposal-updated1-2017.docx> [Apr. 4, 2018].)
Those funds were used to finance 21 programs for a limited time period, with 11 of the programs receiving funding from April 1, 2016, through March 31, 2017, and the other 10 programs being funded from April 1, 2017, through March 31, 2019. With those funds the programs were able to provide a total of 39,776 comprehensive services such as crisis counseling, case management, shelter services, and legal assistance. Of the victims served, 219 had disabilities, 1,968 were female, and 779 were minors. (Id.)
However, those funds are partly gone, and will soon be completely depleted. As a result, the services provide by the programs will be severely curtailed, if not completely discontinued. In a 2013 study commissioned by the U.S. Department of Justice, 72% of human trafficking providers cited inadequate funding as a barrier in responding to victim needs. (Needs Assessment for Service Providers and Trafficking Victim.(2013). <https://www.ncjrs.gov/pdffiles1/nij/grants/202469.pdf> [Apr. 4, 2018].)
This bill would keep those programs in place by appropriating $15 million annually from the General Fund and allocate to the Office of Emergency Services to distribute to human trafficking victim assistance programs, to develop a statewide curriculum for training and providing technical consultation resources, and to conduct a study on the prevalence of human trafficking in California.
- Argument in Support: According to the California Catholic Conference, “Non-profit organizations who work to provide human trafficking victims with access to temporary housing, counseling, job training, and other resources that enable victims to transition into a life outside of trafficking rely heavily on state and federal grants to operate. Recently, Cal OES grant funding was cut due to no funds being allocated for 2018-2019. This has resulted in various non-profit organizations throughout all of California being forced to reduce their caseworker’s hours from full-time to part-time; putting them behind in the number of victims they serve.
“‘Human trafficking is a scourge, a crime against the whole of humanity. It is time to join forces and work together to free its victims and to eradicate this crime that affects all of us, from individual families to the worldwide community.’ –Pope Francis.”
- Prior Legislation:
- AB 1227 (Bonta), Chapter 558, Statutes of 2017, establishes the Human Trafficking Prevention Education and Training Act, which requires school districts to provide instruction on human trafficking and makes changes to the Commercially Sexually Exploited Children Program.
- SB 84 (Committee on Budget and Fiscal Review) Chapter 25, Statutes of 2015, creates the Human Trafficking Victims Assistance Fund, a program to be administered by the Office of Emergency Services.
- SB 1165 (Mitchell), Chapter 713, Statutes of 2014, requires the Instructional Quality Commission to consider including sex trafficking prevention education when next revising the health framework.
- AB 1227 (Bonta), Chapter 558, Statutes of 2017, establishes the Human Trafficking Prevention Education and Training Act, which requires school districts to provide instruction on human trafficking and makes changes to the Commercially Sexually Exploited Children Program.
REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference, Inc.
Opposition
None
Analysis Prepared by:
Mureed Rasool / PUB. S. / (916) 319-3744
Discussed in Hearing
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):