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

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

Existing law authorizes the County of Alameda to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services in order to adequately serve children who have been sexually exploited, and requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding to counties that elect to participate in the program.

This bill would require the Board of State and Community Corrections to establish a pilot project in each of the Counties of Alameda, Sacramento, and San Joaquin, if the county elects to participate in the pilot project. The bill would authorize each participating county to determine whether that countys probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. The bill would require a program funded by the pilot project to provide services to youth within that countys jurisdiction that in order to address the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model model, as specified, that would produce improved outcomes for youth victims of human trafficking. The bill would require the programs created by the pilot project that receive funding pursuant to these provisions to be licensed by the State Department of Social Services. The bill would make the funding for the pilot projects established pursuant to this authority contingent upon an appropriation in the annual Budget Act and would require the Board of State and Community Corrections to administer those funds. The bill would also require a county that elects to participate in the pilot project and establishes a program pursuant to these provisions to conduct at least one evaluation of the programs impact and effectiveness and to submit that evaluation to the board and the Legislature no later than January 1, 2024. The bill would repeal these provisions on January 1, 2025.

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

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

Existing law authorizes the County of Alameda to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services in order to adequately serve children who have been sexually exploited, and requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding to counties that elect to participate in the program.

This bill would require the Board of State and Community Corrections to establish a pilot project in each of the Counties of Alameda, Sacramento, and San Joaquin, in which, if the county elects to participate in the pilot project, the chief probation officer of the county would be required to create a program to provide services to youth within his or her jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. project. The bill would authorize each participating county to determine whether that countys probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. The bill would require a program funded by the pilot project to provide services to youth within that countys jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking. The bill would require the programs that receive funding pursuant to these provisions to be licensed by the State Department of Social Services. The bill would make the funding for the pilot projects established pursuant to this authority contingent upon an appropriation in the annual Budget Act and would require the Board of State and Community Corrections to administer those funds. The bill would also require a county that elects to participate in the pilot project and establishes a program pursuant to these provisions to conduct at least one evaluation of the programs impact and effectiveness and to submit that evaluation to the board no later than January 1, 2024. The bill would repeal these provisions on January 1, 2025.

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

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

Existing law authorizes the County of Alameda to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services in order to adequately serve children who have been sexually exploited, and requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding to counties that elect to participate in the program.

This bill would require the Board of State and Community Corrections to establish a pilot project in each of the Counties of Alameda, Sacramento, and San Joaquin, in which, if the county elects to participate in the pilot project, the chief probation officer of the county would be required to create a program to provide services to youth within his or her jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. The bill would require the programs that receive funding pursuant to these provisions to be licensed by the State Department of Social Services. The bill would make the funding for the pilot projects established pursuant to this authority contingent upon an appropriation in the annual Budget Act and would require the Board of State and Community Corrections to administer those funds.

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 223

Author:(Eggman) – As Amended Ver:March 15, 2017

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

SUMMARY:

This bill requires the Board of State and Community Corrections (BSCC) to establish a pilot project in three counties, in which, if the county elects to participate in the pilot project, the chief probation officer of the county and/or the child welfare agency would be required to create a program to provide wraparound services to youth within his or her jurisdiction to address the need for services relating to the commercial sexual exploitation of youth. Funding for the program is contingent upon an appropriation in the annual Budget Act, to be administered by the BSCC. This program sunsets January 1, 2025.

FISCAL EFFECT:

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

Minor absorbable costs (GF) to BSCC to provide funds to the three participating counties.

COMMENTS:

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

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

Juvenile victims of human trafficking enter the juvenile justice system when they are arrested for a crime that might, or might not be, related to the fact that they are a victim of human

trafficking. To the extent that effective rehabilitation for those juveniles is going to take place, it is important to have resources to address the needs of those juveniles as victims of human trafficking.

The Legislature has authorized pilot programs in Alameda and Los Angeles Counties to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system. SB 1064 (Hancock), Chapter 653, Statutes of 2016 made permanent the Sexually Exploited Minors Project in the County of Alameda; the authority for the Los Angeles County project expired on January 1, 2017.

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

"There are three counties identified in this bill to participate in the pilot program: San Joaquin, Alameda and Sacramento. These were strategic selections based on the proximity and available services within each county. When the minors are pulled out of human trafficking, they are prone to runaway back to their trafficker because of the intense psychological damage. Having a network of services between these counties would allow for a partnership to immediately remove the victim and place them in a location where they can receive proper services, away from their trafficker but within reasonable range for their family to visit.”

1. Governor’s Veto Message on AB 1730: AB 1730 (Atkins), of 2015-16 Legislative Session, would have required the BSCC to establish a pilot project in up to four counties that elect to participate in the pilot project and would authorize the Counties of Sacramento, San Diego, San Joaquin, and Santa Clara to elect to participate in the pilot project. The bill would have authorized each participating county to determine whether that county’s probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. AB 1730 would have required a program funded by the pilot project to provide services to youth within that county’s jurisdiction that address the need for services relating to the commercial sexual exploitation of youth.

The Governor vetoed AB 1730. The Governor’s veto message stated: “This bill authorizes a pilot project in four counties to provide services for youth victims of commercial sex trafficking contingent upon an appropriation in the state budget.

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

1. Support: According to the City of Oakland: "This bill will provide the opportunity for the chief probation officer to create a pilot program that will provide specific services to youth affected by this criminal enterprise. The program could also include physical and mental health assessments for the young victims, and counseling services to deal with the trauma and stigma of being a victim of human trafficking. The goal is to be innovative and serve a very specific victim that current, local services may not be able to reach."
   
2. Prior Legislation:
   

AB 1731 (Atkins), of the 2015-16 Legislative Session, would have created the Statewide Interagency Human Trafficking Task Force to gather statewide data on human trafficking, to recommend interagency protocols and best practices for training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter sex trafficking, and to evaluate and implement approaches to increase public awareness about human trafficking. AB 1731 was held on the Senate Appropriations Committee suspense file.

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.

AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the sexually exploited minor pilot program in Alameda County until January 1, 2017.

SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.

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

Date of Hearing: March 21, 2017

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 223 (

Author:Eggman) – As Amended Ver:March 15, 2017

SUBJECT: Commercial sexual exploitation of youth: services

SUMMARY: Requires the Board of State and Community Corrections to establish a pilot project to be made available to three named counties in order to create programs to provide services to address the needs of commercially sexually exploited youth.

Specifically, this bill:

1. Makes a number of Legislative findings and declarations related to human trafficking and the commercial sexual exploitation of children.
2. Requires the Board of State and Community Corrections to establish a pilot project in Alameda, Sacramento, and San Joaquin counties, if so agreed to by the county, and allows each county to make a determination as to whether the county’s probation department, child welfare agency, or both agencies jointly are responsible for creating and operating a program to be funded by the pilot project.
3. Requires a program funded by the pilot project to provide services to youth within a county’s jurisdiction in order to address the need for services relating to the commercial sexual exploitation of youth for the purposes of testing a service model, that may include physical and mental health assessments, and counseling services, among others, in order to improve outcomes for young human trafficking victims.
4. Mandates that programs funded by the pilot project be licensed by the Department of Social Services (DSS) and authorizes those programs to provide certain services, including: assessment of a youth’s condition and a review of the extent of trauma suffered, physical and mental health, trauma-informed counseling services, and peer mentoring, among others.
5. Makes the funding of these pilot projects contingent upon an appropriation in the annual Budget Act and requires those funds to be administered by the Board of State and Community Corrections.
6. Requires a participating county that establishes a program funded by the pilot project to conduct at least one evaluation of the program’s impact and effectiveness, to include: monitoring the program’s effect on youth being served and its effectiveness with respect to program participants, including outcome-related data for program participants compared to nonparticipating youth.
7. Requires a county to submit the evaluation, as specified, to the Board of State and Community Corrections and the Legislature no later than January 1, 2024.
8. Repeals the provisions of this bill as of January 1, 2025.

EXISTING LAW:

1. States that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. (PEN 11165.1)
2. Defines commercially sexually exploited children as a child who is sexually trafficked or receives food or shelter in exchange for the performance of certain sexual acts, as specified. (WIC 300)
3. Establishes the federal Preventing Sex Trafficking and Strengthening Families Act, which places a number of requirements on states, including a number of improvements to the child welfare system aimed at improving outcomes for children and youth in foster care. (P.L. 113-183)
4. Permits a city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking. (PEN 13750)
5. Allows the County of Alameda, contingent upon local funding, to establish a pilot project to develop a comprehensive, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for violations of specified prostitution offenses. (WIC 18259)
6. Allows the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to develop, as a component of the specified pilot project, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation. (WIC 18259)
7. Specifies that the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, may develop a diversion program reflecting the best practices to address the needs and requirements of arrested or detained minors who have been determined to be victims of commercial sexual exploitation. (WIC 18259)
8. Requires the District Attorney of the County of Alameda to submit a report to the Legislature by April 1, 2016, that summarizes the activities of the pilot project. (WIC 18259.1)
9. Provides that a juvenile convicted of specified offenses related to prostitution may, upon reaching 18 years of age, petition the court to have those convictions sealed without having to demonstrate that they have not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court. (PEN 1203.47)
10. Establishes the Child Welfare Council to monitor and report the extent to which child welfare and foster care programs and the courts are responsive to the needs of children in their joint care. (WIC 16540 et seq.)
11. Establishes the Maxine Waters Child Abuse Prevention Training Act of 1984, under which the Office of Child Abuse Prevention is established within DSS, and defines primary prevention programs under the Act as training and educational programs for children that are directed toward preventing the occurrence of child abuse, including physical abuse, sexual abuse, child neglect and child abductions, and toward reducing the general vulnerability of children, including training for parents and school staff. (WIC 18975 et seq.)

FISCAL EFFECT: Unknown.

COMMENTS:

Child Welfare Services: The purpose of California’s Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently over 64,000 children and youth in California’s child welfare system.

Commercial Sexual Exploitation of Children (CSEC): Commercial sexual exploitation of children is defined as the sexual exploitation of children entirely, or at least primarily, for financial or other economic reasons. Under this definition, the economic exchanges may be either monetary or non-monetary (e.g., for food, shelter, drugs). Sex trafficking of minors is defined as the “recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act” where the person is a United States citizen or lawful permanent resident under the age of 18 years.

According to the Alameda County Human Exploitation and Trafficking (H.E.A.T.) Watch Unit, nearly 98% of CSEC victims in the U.S. are female, and between 50-80% of child victims of commercial sexual exploitation have been involved with the child welfare system. According to the National Center for Missing and Exploited Children, it is estimated that one in six endangered runaways were likely sex trafficking victims in 2014. Many experts believe, however, that these statistics are underestimated; challenges arise when identifying victims, collecting and cross-referencing data, and deciding on common definitions in order to collect accurate statistics. Many youth also do not identify as victims or may be reluctant to admit to victimization due to fears of retaliation from traffickers, deportation, or incarceration by law enforcement.

Alameda County pilot project: In 1994, the Alameda County District Attorney’s Office created a pilot program aimed at addressing and improving services for sexually exploited youth, as well as prosecuting the adults who exploited them. Created in 2005, the H.E.A.T. Watch Unit consisted of prosecutors, investigators, victim advocates, and support staff. In 2008, AB 499 (Swanson), Chapter 359, Statutes of 2008 authorized Alameda County to create H.E.A.T. Watch, in order to implement strong prevention and intervention strategies, offer a blueprint for communities to build their own efforts against trafficking, and provide victimized youth with all the resources they need to be safe. By bringing together individuals from multiple agencies, H.E.A.T. Watch is enabled to better coordinate the delivery of support services and create emergency and long-term safety plans for victims. Referrals for case review are made by law enforcement, prosecutors, probation officials and social service organizations who work closely with trafficked youth. This approach allows members of the multidisciplinary team to share confidential information with agencies that can assist youth by providing supportive services.

H.E.A.T. Watch is unique due to is its strong focus on prosecution of exploiters and traffickers, such that between the years of 2006 and 2012 the Alameda County District Attorney’s Office prosecuted 237 defendants and convicted 160 offenders for crimes related to commercial sexual exploitation and sex trafficking, according to a National Academies Press report entitled “Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States.” The report states that the Alameda County District Attorney’s Office recognizes and treats children and adolescents who are exploited and trafficked as victims of child abuse, not criminals, thus ensuring that the focus of the program remains on the prosecution of traffickers and exploiters. In 2010, SB 1279 (Pavley), Chapter 116, Statutes of 2010, authorized the same pilot project for Los Angeles County; the pilot project sunset on January 1, 2017.

AB 1730 (Atkins): Governor’s Veto Message: AB 1730 (Atkins) was substantially similar to this bill and would have instructed the Board of State and Community Corrections to create a pilot project in four counties, specifically: Sacramento, San Diego, San Joaquin, and Santa Clara, for the purpose of providing services to trafficked youth within each county’s jurisdiction. Governor Brown vetoed AB 1730, and wrote in his veto message:

“This bill authorizes a pilot project in four counties to provide services for youth victims of commercial sex trafficking contingent upon an appropriation in the state budget. There are numerous federal, state and local efforts underway to combat commercial sexual exploitation of children. In this year’s budget, the state provided $19 million to fund the development of trafficking prevention and intervention services. Establishing a new pilot program in this area should be considered in the budget process.”

Need for this bill: According to the author’s office,

“Human trafficking is modern day slavery and this grotesque industry earns about $32 billion worldwide every year. The victims are primarily women and children involved in sex trafficking. Currently, many child trafficking victims have a very limited range of options once identified as a victim of human trafficking. Many of these victims need a place to stay immediately after being recovered from their trafficker, and there are very few suitable service options for these children.

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

There are three counties identified in this bill to participate in the pilot program: San Joaquin, Alameda, and Sacramento. These were strategic selections based on the proximity and available services within each county. When minors are pulled out of human trafficking, they are prone to runaway back to their trafficker due to the intense psychological damage. Having a network of services between these counties would allow for a partnership to immediately remove the victim and place them in a location where they can receive proper services away from their trafficker but within reasonable range for their family to visit.

This bill will provide the opportunity for the chief probation officer or the child welfare agency to create a pilot program that will provide specific services to youth affected by this criminal enterprise. The program may also include physical and mental health assessments for the victims, as well as counseling services to deal with trauma and stigma of being a victim of human trafficking. The goal is to be innovative and serve a very specific victim that current services may not reach.”

PRIOR LEGISLATION

AB 1730 (Atkins), 2016, would have required the Board of State and Community Corrections (BSCC) to establish a pilot project to address the needs of sexually exploited minors in up to 4 counties that elected to participate in the pilot project, and would have authorized the counties of Sacramento, San Diego, San Joaquin, and Santa Clara to elect to participate in the pilot project. It was vetoed by the Governor.

AB 1731 (Atkins), 2016, would have created the Statewide Interagency Human Trafficking Task Force to gather statewide data on human trafficking, to recommend interagency protocols and best practices for training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter sex trafficking, and to evaluate and implement approaches to increase public awareness about human trafficking. It was held on the Senate Appropriations Committee suspense file.

SB 1064 (Hancock), Chapter 653, Statutes of 2016, made permanent the Sexually Exploited Minors Project in the County of Alameda.

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.

AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the sexually exploited minor pilot program in Alameda County until January 1, 2017.

SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.

AB 499 (Swanson), Chapter 359, Statutes of 2008, established a pilot project in Alameda County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.

SECOND COMMITTEE OF REFERENCE. This bill was previously heard in the Assembly Committee on Public Safety on February 28, 2017 and was approved on a 7-0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics, CA (AAP-CA)

City Council of Oakland

County Welfare Directors Association of CA (CWDA)

District Attorney of San Joaquin County

Opposition

California Right to Life Committee, Inc.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089

Date of Hearing:

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 223

Author:(Eggman) – As Introduced Ver:January 26, 2017

SUMMARY:

Requires the Board of State and Community Corrections (BSCC) to establish a pilot project in three counties, in which, if the county elects to participate in the pilot project, the chief probation officer of the county would be required to create a program to provide services to youth within his or her jurisdiction that address the need for services relating to the commercial sexual exploitation of youth. Specifically, this bill:

1. Specifies that BSCC shall establish a pilot project in each of the Counties of Alameda, Sacramento, and San Joaquin, in which, if the county elects to participate in the pilot project, the chief probation officer of the county shall create a program to provide services to youth within his or her jurisdiction that addresses the need for services relating to the commercial sexual exploitation of youth.
   
2. States that programs that receive funding pursuant to this section shall be licensed by the State Department of Social Services and may include, but shall not be limited to, programs that do the following:
   
   1. Assess the youth victim’s condition, including a review of the extent of trauma suffered, physical and mental health, and the status of age-appropriate developmental factors, such as educational status;
      
   2. Serve exploited youth in a services-rich environment, including trauma-informed counseling services;
      
   3. Research options, make recommendations, and work to find solutions to provide specialized services and permanent placement solutions for the youth;
      
   4. Provide staff who are trained to work with, and experienced in working with, child sex trafficking victims;
      
   5. Include peer mentors in the design and provision of service delivery; and
      
   6. Provide a plan for how to structure a protective setting secluded from the victim’s trafficking environment, which could include strategies such as a geographically remote location, staff protective presence, delayed egress, or any combination of strategies intended to protect the victim.

1. Provides that funding for these purposes shall be contingent upon an appropriation in the annual Budget Act.
   
2. Provides that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.

EXISTING LAW:

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

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the FBI, the San Francisco, Los Angeles and San Diego metropolitan areas comprise three of the nation’s 13 areas of ‘high intensity’ child sex trafficking exploitation in the country.
   
   “Currently, many child victims of sex trafficking, once removed from the sex trade environment, have only two options for housing: juvenile detention and court-ordered foster care placement. Due to this limited range of options, juvenile detention too often means placement of some duration in juvenile hall. Although the foster care system is building service capacity, it does not have a suitable array of specially-tailored service options for this population. Moreover, in the foster care system, it can take some time to finalize a long-term placement appropriate for child sex trafficking victims, and these victims often need a place to stay immediately after being recovered from their trafficker.
   
   “Consequently, there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers.
   
   "There are three counties identified in this bill to participate in the pilot program: San Joaquin, Alameda and Sacramento. These were strategic selections based on the proximity and available services within each county. When the minors are pulled out of human trafficking, they are prone to runaway back to their trafficker because of the intense psychological damage. Having a network of services between these counties would allow for a partnership to immediately remove the victim and place them in a location where they can receive proper services, away from their trafficker but within reasonable range for their family to visit.
   
   "This bill will provide the opportunity for the chief probation officer to create a pilot program that will provide specific services to youth affected by this criminal enterprise. The program could also include physical and mental health assessments for the young victims, and counseling services to deal with trauma and stigma of being a victim of human trafficking. The goal is to be innovative, and serve a very specific victim that current local services may not be able to reach.
   
2. Governor’s Veto Message on AB 1730: AB 1730 (Atkins), of 2015-16 Legislative Session, would have required the BSCC to establish a pilot project in up to four counties that elect to participate in the pilot project and would authorize the Counties of Sacramento, San Diego, San Joaquin, and Santa Clara to elect to participate in the pilot project. The bill would have authorized each participating county to determine whether that county’s probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. AB 1730 would have required a program funded by the pilot project to provide services to youth within that county’s jurisdiction that address the need for services relating to the commercial sexual exploitation of youth.
   
   The Governor vetoed AB 1730. The Governor’s veto stated: “This bill authorizes a pilot project in four counties to provide services for youth victims of commercial sex trafficking contingent upon an appropriation in the state budget. 
   
   "There are numerous federal, state and local efforts underway to combat commercial sexual exploitation of children. In this year's budget, the state provided $19 million to fund the development of trafficking prevention and intervention services. Establishing a new pilot program in this area should be considered in the budget process.”
   
3. Juvenile Probation Department Services: Probation officers are involved throughout juvenile criminal justice proceedings. The probation department may be used at the “front end” of the juvenile justice system for first-time, low-risk offenders or at the “back end” as an alternative to institutional confinement for more serious offenders. The responsibilities of juvenile probation departments include the intake screening of cases referred to juvenile courts, predisposition or presentence investigation of juveniles, and court-ordered supervision of juvenile offenders.
   
   Juvenile probation officers investigate and provide information to the court about the juvenile’s educational status, family situation, and any risk factors to assist the court in making decisions at every step in the juvenile process. When the court makes orders regarding the conduct of the juvenile, the probation officers are responsible for supervising the juvenile to ensure they follow those orders.
   
   The primary goal of the juvenile criminal justice system is rehabilitation of the juvenile. Sentencing by the court and supervision by probation are meant to further that rehabilitative goal. As part of their supervisory responsibilities, the probation officers provide support to the juvenile and their family to help with the process of rehabilitation. That support can take the form of classes, services, or programs offered or facilitated by the probation department.
   
   Juvenile victims of human trafficking enter the juvenile justice system when they are arrested for a crime that might, or might not be, related to the fact that they are a victim of human trafficking. To the extent that effective rehabilitation for those juveniles is going to take place, it is important to have resources to address the needs of those juveniles as victims of human trafficking.
   
4. Alameda County Pilot Project: The Legislature has authorized pilot programs in Alameda and Los Angeles Counties to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.
   
   The Alameda County pilot project was authorized under AB 499 (Swanson), Chapter 359, Statutes of 2008, is part of a larger project called "H.E.A.T (Human Exploitation and Trafficking) Watch." H.E.A.T Watch is a multidisciplinary, multisystem program that brings together individuals and agencies from law enforcement, health care, advocacy, victim and support services, the courts, probation agencies, the commercial sector, and the community to (1) ensure the safety of victims and survivors and (2) pursue accountability for exploiters and traffickers. Strategies employed by H.E.A.T. Watch include, among others, stimulating community engagement, coordinating training and information sharing, and coordinating the delivery of victim and support services.
   
   The program uses a multisector approach to coordinate the delivery of support services. For example, multidisciplinary case review (modeled on the multidisciplinary team approach) is used to create emergency and long-term safety plans. Referrals for case review are made by law enforcement, prosecutors, probation officials, and social service organizations that have come into contact with these youth. This approach enables members of the multidisciplinary team to share confidential information with agencies that can assist youth in need of services and support. (Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, A Guide for Providers of Victim and Support Services. Institute of Medicine and National Research Council, Pp. 30-31.)
   
   In a March 23, 2011 progress report on the AB 499 Diversion Program, the Alameda County District Attorney’s Office (ACDAO) stated: "As a result of the passage of AB 499, the ACDAO has been able to develop a comprehensive system response that directs Commercially Sexually Exploited Children (CSEC) away from the criminal justice system and into programs offering specialized services essential for the stabilization, safety, and recovery of these vulnerable children. . . .
   
   The Legislature authorized the same pilot project for Los Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of 2010.) The Los Angeles County pilot project sunset on January 1, 2017.
   
5. Labor Trafficking Estimated to be More than Three Times as Large as Sex Trafficking:
   In 2012, the California Department of Justice published a report about human trafficking in California. The report was compiled by the Attorney General’s Human Trafficking Work Group. The Work Group was comprised of representatives of educational institutions, private entities, and a broad spectrum of law enforcement agencies, governmental agencies, victim service providers, and technology companies. Included in the report’s findings was an examination of the extent and nature of human trafficking. The report emphasized that labor trafficking was under reported compared to sex trafficking. The report pointed out that labor trafficking was believed to be 3.5 times as prevalent as sex trafficking. (The State of Human Trafficking in California (2012), California Department of Justice, pp. 4, 47.) Given the significance of labor trafficking, consideration should be given to ensure any resources devoted to county probation departments to assist juvenile victims of human trafficking include victims of labor trafficking.
   
6. Argument in Support: According to the City of Oakland: "The City of Oakland has been an active leader in the Bay Area region and the state when it comes to addressing the commercial sexual exploitation of children. We were one of the first cities to work with the young victims to help offer counselling services, help clear their criminal records, and actively enforce existing laws to punish the johns involved in this insidious practice…

"This bill will provide the opportunity for the chief probation officer to create a pilot program that will provide specific services to youth affected by this criminal enterprise. The program could also include physical and mental health assessments for the young victims, and counseling services to deal with the trauma and stigma of being a victim of human trafficking. The goal is to be innovative and serve a very specific victim that current, local services may not be able to reach."

1. Prior Legislation:
   
   1. SB 1064 (Hancock), Chapter 653, Statutes of 2016 made permanent the Sexually Exploited Minors Project in the County of Alameda.
      
   2. AB 1730 (Atkins) of the 2015-16 Legislative Session, would have required the Board of State and Community Corrections (BSCC) to establish a pilot project to address the needs of sexually exploited minors in up to 4 counties that elect to participate in the pilot project, and would authorize the Counties of Sacramento, San Diego, San Joaquin, and Santa Clara to elect to participate in the pilot project. AB 1730 was vetoed by the Governor.
      
   3. AB 1731 (Atkins), of the 2015-16 Legislative Session, would have created the Statewide Interagency Human Trafficking Task Force to gather statewide data on human trafficking, to recommend interagency protocols and best practices for training and outreach to law enforcement, victim service providers, and other state and private sector employees likely to encounter sex trafficking, and to evaluate and implement approaches to increase public awareness about human trafficking. AB 1731 was held on the Senate Appropriations Committee suspense file.
      
   4. 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.
      
   5. AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the sexually exploited minor pilot program in Alameda County until January 1, 2017.
      
   6. SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.
      
   7. AB 499 (Swanson), Chapter 359, Statutes of 2008, established a pilot project in Alameda County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.
      

REGISTERED SUPPORT / OPPOSITION:

Support

City of Oakland

Opposition

None

Analysis Prepared by:

Gregory Pagan / PUB. S. /