Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.

This bill would require the office, to the extent funds are available for this purpose and until January 1, 2022, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2020, to submit to the Legislature and the Governors office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. The bill would also appropriate $2,600,000 from the General Fund to the office for this program.

Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.

This bill would require the office, to the extent funds are available for this purpose and until January 1, 2022, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2020, to submit to the Legislature and the Governors office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. The bill would also appropriate $2,600,000 from the General Fund to the office for this program.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

AB 229 (Baker) - Human trafficking: vertical prosecution program

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

Bill Summary:

AB 229 would appropriate $2.6 million from the General Fund to the Office of Emergency Services (CalOES) to fund the Human Trafficking Prevention Vertical Prosecution Program.

Fiscal Impact:

Direct appropriation of $2.6 million (General Fund) to CalOES to fund up to 11 competitive grants. Up to $260,000, or 10 percent, may be retained by CalOES for administrative purposes. CalOES would require an additional 0.5 full-time Associate Governmental Program Analyst-equivalent position to manage the workload associated with administering the program.

Background:

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

Proposed Law:

This bill would:

• Require CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program, to the extent funds are available for this purpose.
• Require CalOES, on or before January 1, 2020, to submit to the Legislature and the Governor’s office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
• Appropriate $2,600,000 from the General Fund to CalOES for this program.
• Sunset the provisions of this bill on January 1, 2022.

Prior Legislation:

AB 2202 (Baker, 2016) was substantially similar to this bill. AB 2202 was held on the Suspense File of the Assembly Committee on Appropriations.

Staff Comments:

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

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 229 Hearing Date: June 20, 2017

Subject: Human Trafficking: Vertical Prosecution Program

HISTORY

Source: Alameda County District Attorney’s Office

Prior Legislation: AB 2202 (Baker), failed Assembly Appropriations, 2016

AB 1731 (Atkins), failed Senate Appropriations, 2015

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

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

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

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

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

Support: California Catholic Conference; California District Attorneys Association; California Police Chiefs Association; City of Oakland; Crime Victims United of California; GFWC Woman’s Club of Cypress; San Diego District Attorney’s Office

Opposition: California Public Defenders Association; Department of Finance

Assembly Floor Vote: 77 - 0

PURPOSE

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

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

Existing law states that Cal OES shall be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. (Gov. Code, § 8585, subd. (e).)

Existing law specifies that during a state of emergency or a local emergency, the secretary shall coordinate the emergency activities of all state agencies in connection with that emergency, and

every state agency and officer shall cooperate with the secretary in rendering all possible assistance in carrying out the provisions of this chapter. (Gov. Code, § 8587, subd. (a).)

Existing law specifies that in addition to the powers designated in this section, the Governor may delegate any of the powers vested in him or her under this chapter to the secretary except the power to make, amend, and rescind orders and regulations, and the power to proclaim a state of emergency. (Gov. Code, § 8587, subd. (b).)

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

This bill requires Cal OES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes.

This bill requires each county selected for funding to meet all of the following minimum requirements:

• Employ a vertical prosecution methodology for human trafficking crimes;
• Require that a county selected for funding dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crime;
• Provide Cal OES with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county;
• Enter into an agreement, either by contract or by a memorandum of understanding, with an advocacy agency funded by Cal OES that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services; and,
• Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
  

This bill requires Cal OES, on or before January 1, 2020, to submit to the Legislature and the Governor’s Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.

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

This bill includes a sunset date of January 1, 2022.

COMMENTS

1. Need for This Bill

According to the author:

Human trafficking is a form of modern day slavery, one that involves the use of force, fraud, or coercion to recruit, harbor, transport, provide, or obtain a person for the purposes of labor or sexual exploitation. Approximately 14,000 to 17,000 victims are trafficked into the United States annually. Between 2010 and 2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, arrested 1,798 individuals, and provided critical training to more than 25,000 law enforcement, personnel, prosecutors, victim service providers, and first responders.

Vertical prosecution teams are the most effective in prosecuting human trafficking. Vertical prosecution units generally involve one or more staff attorneys who handle a specific type of case, here, human trafficking, from arraignment to conviction, rather than different attorneys handling different stages of prosecution. This means district attorneys (DA’s) are able to specialize in the uniquely challenging features of prosecuting human trafficking. It also means the victim, who is already facing a difficult and emotional process, does not have to develop a new relationship with a new prosecutor at each stage of the case. Vertical prosecution units also work closely with law enforcement during investigations. This is a method that is often employed in human trafficking cases because it allows the prosecution team to give valuable feedback on the key evidence that law enforcement should seek to collect, and facilitates the victims’ sustained participation in cases that are otherwise already difficult to prosecute.

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

According to the California Department of Justice (DOJ), human trafficking is the world's fastest growing criminal enterprise and is an estimated $32 billion-a-year global industry. In their 2012 report, “The State of Human Trafficking in California,” DOJ states from mid-2010 to mid-2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, and arrested 1,798 individuals. The public perception is that human trafficking victims are from other countries, but data from California’s task forces indicate that the vast majority are American—72% of human trafficking victims whose country of origin was identified were U.S. residents. The report also states that labor trafficking are under-reported and under-investigated as compared to sex trafficking—56% of victims who received services through California’s task forces were identified as sex trafficking victims. Yet, data from other sources indicate that labor trafficking is 3.5 times as prevalent as sex trafficking worldwide.

The report also identifies ways to combat human trafficking and opportunities in protecting and assisting victims and bringing traffickers to justice. Specifically, the report states that a vertical prosecution model run outside routine vice operations can help law enforcement better protect victims and improve prosecutions.

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

The former Governor’s Office of Criminal Justice Planning (OCJP) was established in 1968 to provide funding for criminal justice and victim assistance programs. OCJP was abolished in the 2003-2004 State Budget on December 31, 2003. All of the programs, with the exception of those in the Juvenile Justice Delinquency Prevention Branch (which transferred to the California Department of Corrections and Rehabilitation), were incorporated into Cal OES. Many of these programs include criminal justice and victim service grant programs administered by Cal OES. Programs include:

• Violence Against Women Vertical Prosecution Program (VV Program) - The VV Program is designed to improve the criminal justice system’s response to violent crimes against women through a coordinated multidisciplinary response. This is achieved through the creation or enhancement of a specialized unit, which focuses on the vertical prosecution of the defendant and services for the victim(s);
• Unserved/Underserved Victim Advocacy and Outreach Program (UV Program) - The primary purpose of the UV Program is to focus on service delivery to victims of violent crime within unserved/underserved and socially isolated populations. In addition, it is designed to promote awareness and to improve knowledge about accessing local services available to crime victims; and
• Human Trafficking Advocate Program (HA Program) – The HA Program provides funding to 10 Victim/Witness Assistance Centers to provide additional support, such as, hiring additional staff, identifying additional human trafficking victims, and providing comprehensive services to victims of human trafficking.
  

4. Federal Grant Money to Combat Human Trafficking

On September 24, 2015, U.S. Attorney General Loretta Lynch announced $44 million in grant money to combat human trafficking and support survivors. The grants will be administered by the Office of Justice Programs’ Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime and the National Institute of Justice. The grants are intended to fund efforts across the country to fight human trafficking, to provide services for survivors and to expand research going forward. More than $22.7 million to support 16 anti-human trafficking task forces across the country. Within each task force location, the office of Justice Programs’ Bureau of Justice Assistance, will make one award to a lead law enforcement agency and Office for Victims of Crime will make one to the lead victim service provider. The grantees will work collaboratively with other key members of the taskforce, including the U.S. Attorney’s Office, local prosecutor’s office, federal, state and local law enforcement agencies and community and system-based providers. (See <https://www.justice.gov/opa/pr/attorney-general-lynch-announces-44-million-grant-funding-combat-human-trafficking-and> [as of June 12, 2017].)

Of that grant money $1.5 million is directed to the Los Angeles County Area. $750,000 goes to Los Angeles County and $750,000 goes to Coalition Against Slavery and Trafficking. $1.4 million goes to the Riverside County Area. $900,000 to Riverside County and $500,000 to Operations SafeHouse. (See <http://ojp.gov/newsroom/pdfs/HT_Full_Chart_V.3.pdf> [as of June 12, 2017].)

4. Vertical Prosecution

“Vertical Prosecution” refers to a method in which a prosecutor is assigned to the case from the initial point of referral to the completion of the prosecution. Many argue this method of prosecution results in continuity and improved prosecution success, as well as benefits for crime victims, such as allowing prosecutors to build a rapport with victims by remaining with the case from intake to sentencing, which ensures that victims do not have to tell their story repeatedly to prosecutors at various stages of the case. The prosecutor may develop ongoing relationships with community organizations and be able to connect victims to appropriate resources.

5. Argument in Support

According to the California Police Chiefs Association:

Vertical prosecution teams have been shown to be effective in prosecuting human trafficking. Vertical prosecution units generally involve one or more staff attorneys who handle a specific type of case from arraignment to conviction, rather than different attorneys handling different stages of prosecution. This means District Attorneys are able to specialize in the uniquely challenging features of prosecuting human trafficking. It also means the victim, who is already facing a difficult and emotional process, does not have to develop a new relationship with a new prosecutor at each stage of the case. Vertical prosecution units also work closely with law enforcement during investigations. This is a method that is often employed in human trafficking cases because it allows the prosecution team to give valuable feedback on the key evidence that law enforcement should seek to collect, and facilitates the victims’ sustained participation in cases that are otherwise already difficult to prosecute.

Increasing funding to supplement current vertical prosecution programs in California will provide valuable resources to these programs and help further efforts to prosecute and convict human traffickers.

6. Arguments in Opposition

The Department of Finance writes in opposition to this bill:

The Department of Finance is opposed to this bill because it would appropriate General Fund dollars outside of the budget process, resulting in additional General Fund costs that are not included in the Administration’s fiscal plan. Finance believes that the budget process is the appropriate forum for a proposal of this kind.

According to the California Public Defenders Association:

The prosecution for human trafficking is already taking place in counties throughout the state. The manner in which individual prosecutor offices manage their resources for such prosecutions is based upon crime rates for such offenses in their communities. If prosecutor offices are entitled to additional state funded resources for such prosecutions as opposed to other types of crimes, for example murder, rape, robbery or domestic violence without conferring an equal enhancement of funding and an equal creation of attorney positions in county Public Defender offices for the representation of defendants who will be charged for such offenses, then those presumed innocent defendants will be at an extreme constitutional disadvantage. The risk involved in convicting innocent people in such circumstances by over matched and over funded prosecutor offices in light of the already strapped and limited resources of indigent defendants in criminal cases cannot be overlooked.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 229

Author:(Baker and Cristina Garcia)

As Introduced Ver:January 26, 2017

2/3 vote

SUMMARY: Requires the Office of Emergency Services (CalOES) to allocate funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program. Specifically, this bill:

1. Requires CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes.
2. Requires each county selected for funding meet all of the following minimum requirements:
   1. Employ a vertical prosecution methodology for human trafficking crimes;
   2. Require that a county selected for funding dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crime;
   3. Provide CalOES with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county;
   4. Enter into an agreement, either by contract or by a memorandum of understanding, with an advocacy agency funded by CalOES that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services; and
   5. Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
3. Requires CalOES, on or before January 1, 2020, to submit to the Legislature and the Governor's Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
4. Appropriates two million six hundred thousand dollars ($2,600,000) from the General Fund to CalOES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program
5. Sunsets the provisions of this bill on January 1, 2022.

EXISTING LAW:

1. Establishes the CalOES by the Governor's Reorganization Plan No.2, operative July 1, 2013. (AB 1317 (Frazier), Chapter 352, Statutes of 2013.)
2. States that the CalOES exists within the Governor's office.
3. States that the CalOES shall be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property.
4. Specifies that during a state of emergency or a local emergency, the secretary shall coordinate the emergency activities of all state agencies in connection with that emergency, and every state agency and officer shall cooperate with the secretary in rendering all possible assistance in carrying out the provisions of this chapter.
5. In addition to the powers designated in this section, the Governor may delegate any of the powers vested in him or her under this chapter to the secretary except the power to make, amend, and rescind orders and regulations, and the power to proclaim a state of emergency.

FISCAL EFFECT: According to the Appropriations Committee, appropriates $2.6 million (GF) to CalOES to fund up to 11 competitive grants. Up to $260,000 (10%) may be retained by CalOES for administrative purposes. This level of administrative funding is consistent with CalOES' administrative costs for similar programs.

COMMENTS: According to the author, "Increasing funding to supplement current vertical prosecution programs in California will provide valuable resources to these programs and help further efforts to prosecute and convict human traffickers. Providing this support to vertical prosecution is one of the single most effective ways to get perpetrators behind bars for the crime of human trafficking."

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0000560

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 229

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

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

SUMMARY:

This bill requires the Office of Emergency Services (CalOES) to allocate and award funds for the purpose of establishing the Human Trafficking Prevention Vertical Prosecution Program (Program). Specifically, this bill:

1. Appropriates $2.6 million from the General Fund to CalOES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program
2. Requires CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes.
3. Requires CalOES, on or before January 1, 2020, to submit to the Legislature and the Governor’s Office, a specified report regarding program funding and outcomes.
4. Sunsets the provisions of this bill on January 1, 2022

FISCAL EFFECT:

Appropriates $2.6 million (GF) to CalOES to fund up to 11 competitive grants. Up to $260,000 (10%) may be retained by CalOES for administrative purposes. This level of administrative funding is consistent with CalOES’ administrative costs for similar programs.

COMMENTS:

1. Purpose. According to the author, vertical prosecution is one of the single most effective ways to get perpetrators behind bars for the crime of human trafficking. This bill will further those efforts.
2. DOJ Report: According to the California Department of Justice (DOJ), human trafficking is the world's fastest growing criminal enterprise and is an estimated $32 billion-a-year global industry. In their 2012 report, “The State of Human Trafficking in California,” DOJ states from mid-2010 to mid-2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, and arrested 1,798 individuals. The report also states that labor trafficking is under-reported and under-investigated as compared to sex trafficking—56% of victims who received services through California’s task forces were identified as sex trafficking victims. Yet, data from other sources indicate that labor trafficking is 3.5 times as prevalent as sex trafficking worldwide.
   
   The report also identifies ways to combat human trafficking and opportunities to protect and assist victims and bring traffickers to justice. Specifically, the report states that a vertical prosecution model run outside of routine vice operations can help law enforcement better protect victims and improve prosecutions.
   
3. Vertical Prosecution. “Vertical Prosecution” refers to a method in which a prosecutor is assigned to the case from the initial point of referral to the completion of the prosecution. Many argue this method of prosecution results in continuity and improved prosecution success, as well as benefits for crime victims, such as allowing prosecutors to build a rapport with victims by remaining with the case from intake to sentencing, which ensures that victims do not have to tell their story repeatedly to prosecutors at various stages of the case.
4. Support. According to Nancy O’Malley, District Attorney of Alameda County, “Vertical prosecution units involve one or more attorneys who handle a specific type of case, here, from arraignment to conviction as opposed to different attorneys handling different states of prosecution. This means district attorneys (DA’s) are able to specialize in the uniquely challenging features of prosecuting human trafficking. It also means the victim, who is already facing a difficult and emotional process, does not have to develop a new relationship with a new prosecutor at each stage of the case.”
5. Opposition. The California Public Defenders Association is concerned the Public Defenders Offices are not provided additional resources for presumed innocent indigent defendants.
6. Prior Legislation:
   

AB 2202 (Baker), of the 2015-2016 Legislative Session, would have established the Human Trafficking Prevention Vertical Prosecution Program. AB 2202 was held in the Assembly Appropriations Committee.

AB 1731 (Atkins), of the 2015-2016 Legislative Session, would have created the Statewide Interagency Human Trafficking Task Force within the Department of Justice, which would consist of representatives from several state agencies and be chaired by a representative from the Department of Justice. AB 1731 was held in the Senate Appropriations Committee.

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.

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

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

Date of Hearing:

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 229

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

SUMMARY:

Requires the Office of Emergency Services (CalOES) to allocate funds for the purposes of establishing the Human Trafficking Prevention Vertical Prosecution Program. Specifically, this bill:

1. Requires CalOES to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes.
   
2. Requires each county selected for funding meet all of the following minimum requirements:
   
   1. Employ a vertical prosecution methodology for human trafficking crimes;
      
   2. Require that a county selected for funding dedicate at least one-half of the time of one deputy district attorney and one-half of the time of one district attorney investigator solely to the investigation and prosecution of human trafficking crime;
      
   3. Provide CalOES with annual data on the number of human trafficking cases filed by that county, the number of human trafficking convictions obtained, and the sentences imposed for those convicted of human trafficking in that county;
      
   4. Enter into an agreement, either by contract or by a memorandum of understanding, with an advocacy agency funded by CalOES that provides services, counseling, or both, to victims of human trafficking in order to ensure that victims and witnesses of human trafficking, as appropriate, receive services; and
      
   5. Funding received by district attorney offices pursuant to this program shall be used to supplement, and not supplant, existing financial resources.
      
3. Requires CalOES, on or before January 1, 2020, to submit to the Legislature and the Governor’s Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties.
   
4. Appropriates two million six hundred thousand dollars ($2,600,000) from the General Fund to CalOES for the purpose of funding the Human Trafficking Prevention Vertical Prosecution Program
   
5. Sunsets the provisions of this bill on January 1, 2022.

EXISTING LAW:

1. Establishes the CalOES by the Governor's Reorganization Plan No.2, operative July 1, 2013. (AB 1317 (Frazier), Chapter 352, Statutes of 2013.)
   
2. States that the CalOES exists within the Governor’s office. (Gov. Code, § 8585, subd. (a).)
   
3. States that the CalOES shall be responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. (Gov. Code, § 8585, subd. (e).)
   
4. Specifies that during a state of emergency or a local emergency, the secretary shall coordinate the emergency activities of all state agencies in connection with that emergency, and every state agency and officer shall cooperate with the secretary in rendering all possible assistance in carrying out the provisions of this chapter. (Gov. Code, § 8587, subd. (a).)
   
5. In addition to the powers designated in this section, the Governor may delegate any of the powers vested in him or her under this chapter to the secretary except the power to make, amend, and rescind orders and regulations, and the power to proclaim a state of emergency. (Gov. Code, § 8587, subd. (b).)
   

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Increasing funding to supplement current vertical prosecution programs in California will provide valuable resources to these programs and help further efforts to prosecute and convict human traffickers. Providing this support to vertical prosecution is one of the single most effective ways to get perpetrators behind bars for the crime of human trafficking.”
   
2. DOJ Report: According to the California Department of Justice (DOJ), human trafficking is the world's fastest growing criminal enterprise and is an estimated $32 billion-a-year global industry. In their 2012 report, “The State of Human Trafficking in California,” DOJ states from mid-2010 to mid-2012, California’s nine regional human trafficking task forces identified 1,277 victims, initiated 2,552 investigations, and arrested 1,798 individuals. The public perception is that human trafficking victims are from other countries, but data from California’s task forces indicate that the vast majority are American—72% of human trafficking victims whose country of origin was identified were U.S. residents. The report also states that labor trafficking are under-reported and under-investigated as compared to sex trafficking—56% of victims who received services through California’s task forces were identified as sex trafficking victims. Yet, data from other sources indicate that labor trafficking is 3.5 times as prevalent as sex trafficking worldwide.
   
   The report also identifies ways to combat human trafficking; and opportunities in protecting and assisting victims and bringing traffickers to justice. Specifically, the report states that a vertical prosecution model run outside routine vice operations can help law enforcement better protect victims and improve prosecutions.
   
3. OCJP and CalOES: The former Governor’s Office of Criminal Justice Planning (OCJP) was established in 1968 to provide funding for criminal justice and victim assistance programs. OCJP was abolished in the 2003-2004 State Budget on December 31, 2003. All of the programs, with the exception of those in the Juvenile Justice Delinquency Prevention Branch (which transferred to the California Department of Corrections and Rehabilitation), were incorporated into CalOES. Many of these programs include criminal justice and victim service grant programs administered by CalOES. Programs include:
   1. Violence Against Women Vertical Prosecution Program (VV Program) - The VV Program is designed to improve the criminal justice system’s response to violent crimes against women through a coordinated multidisciplinary response. This is achieved through the creation or enhancement of a specialized unit, which focuses on the vertical prosecution of the defendant and services for the victim(s);
   2. Unserved/Underserved Victim Advocacy and Outreach Program (UV Program) - The primary purpose of the UV Program is to focus on service delivery to victims of violent crime within unserved/underserved and socially isolated populations. In addition, it is designed to promote awareness and to improve knowledge about accessing local services available to crime victims; and
   3. Human Trafficking Advocate Program (HA Program) – The HA Program provides funding to 10 Victim/Witness Assistance Centers to provide additional support, such as, hiring additional staff, identifying additional human trafficking victims, and providing comprehensive services to victims of human trafficking.
      
4. Federal Grant Money to Combat Human Trafficking: On September 24, 2015, U.S. Attorney General Loretta Lynch announced $44 million in grant money to combat human trafficking and support survivors. The grants will be administered by the Office of Justice Programs’ Bureau of Justice Assistance, the Office of Juvenile Justice and Delinquency Prevention, the Office of Victims of Crime and the National Institute of Justice. The grants are intended to fund efforts across the country to fight human trafficking, to provide services for survivors and to expand research going forward. More than $22.7 million to support 16 anti-human trafficking task forces across the country. Within each task force location, the office of Justice Programs’ Bureau of Justice Assistance, will make one award to a lead law enforcement agency and Office for Victims of Crime will make one to the lead victim service provider. The grantees will work collaboratively with other key members of the taskforce, including the U.S. Attorney’s Office, local prosecutor’s office, federal, state and local law enforcement agencies and community and system-based providers. (https://www.justice.gov/opa/pr/attorney-general-lynch-announces-44-million-grant-funding-combat-human-trafficking-and)
   
   Of that grant money $1.5 million is directed to the Los Angeles County Area. $750,000 goes to Los Angeles County and $750,000 goes to Coalition Against Slavery and Trafficking. $1.4 million goes to the Riverside County Area. $900,000 to Riverside County and $500,000 to Operations SafeHouse. (http://ojp.gov/newsroom/pdfs/HT_Full_Chart_V.3.pdf)
   
5. Argument in Support: According to Nancy O’Malley, District Attorney of Alameda County, “Human trafficking is a form of modern day slavery, one that involves the use of force, fraud, or coercion to recruit, harbor, transport, provide, or obtain a person for the purposes of labor or sexual exploitation. Vertical prosecution units involve one or more attorneys who handle a specific type of case, here, from arraignment to conviction as opposed to different attorneys handling different states of prosecution. This means district attorneys (DA’s) are able to specialize in the uniquely challenging features of prosecuting human trafficking. It also means the victim, who is already facing a difficult and emotional process, does not have to develop a new relationship with a new prosecutor at each stage of the case. Vertical prosecution units also work closely with law enforcement during investigations. This is a method that is often employed in human trafficking cases because it allows the prosecution team to give valuable feedback on the key evidence that law enforcement should seek to collect, and facilitates the victims’ sustained participation in cases that are otherwise already difficult to prosecute.
   
   “Increasing funding to supplement current vertical prosecution programs in California will provide valuable resources to these programs and help further efforts to prosecute and convict human traffickers. Providing this support to vertical prosecution is one of the single most effective ways to get perpetrators behind bars for the crime of human trafficking.”
   
6. Argument in Opposition: According to the California Public Defenders Association, “The prosecution for human trafficking is already taking place in counties throughout the state. The manner in which individual prosecutor offices manage their resources for such prosecutions is based upon crime rates for such offenses in their communities. If prosecutor offices are entitled to additional state funded resources for such prosecutions as opposed to other types of crimes, for example murder, rape, robbery or domestic violence without conferring an equal enhancement of funding and an equal creation of attorney positions in county Public Defender offices for the representation of defendants who will be charged for such offenses, then those presumed innocent defendants will be at an extreme constitutional disadvantage. The risk involved in convicting innocent people in such circumstances by over matched and over funded prosecutor offices in light of the already strapped and limited resources of indigent defendants in criminal cases cannot be overlooked.”
   
7. Related Legislation:
   
   1. AB 704 (Grayson), would authorize a county to establish a domestic violence multidisciplinary personnel team and a human trafficking multidisciplinary personnel team to allow agencies to share confidential information in order to investigate reports of suspected crimes.  AB 704 is awaiting referral in the Assembly Rules Committee.
      
   2. AB 223 (Eggman), 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. AB 223 will be heard in this committee on February 28, 2017.
      
8. Prior Legislation:
   
   1. AB 2202 (Baker), of the 2015-2016 Legislative Session, would have established the Human Trafficking Prevention Vertical Prosecution Program. AB 2202 was held in the Assembly Appropriations Committee.
      
   2. AB 1731 (Atkins), of the 2015-2016 Legislative Session, would have created the Statewide Interagency Human Trafficking Task Force within the Department of Justice, which would consist of representatives from several state agencies and be chaired by a representative from the Department of Justice. AB 1731 was held in the Senate Appropriations Committee.
      
   3. 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.
      
   4. 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.
      
   5. AB 499 (Swanson), Chapter 359, Statutes of 2008, established a pilot project in Alameda County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system.
      

REGISTERED SUPPORT / OPPOSITION:

Support

California Catholic Conference
District Attorney of Alameda County

Opposition

California Public Defenders Association

Analysis Prepared by:

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