BILL NUMBER: AB 499	CHAPTERED
	BILL TEXT

	CHAPTER  359
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 5, 2008
	PASSED THE ASSEMBLY  AUGUST 7, 2008
	AMENDED IN SENATE  JULY 10, 2008
	AMENDED IN SENATE  JUNE 17, 2008
	AMENDED IN SENATE  MAY 21, 2008
	AMENDED IN ASSEMBLY  JANUARY 29, 2008
	AMENDED IN ASSEMBLY  JANUARY 9, 2008
	AMENDED IN ASSEMBLY  JANUARY 7, 2008

INTRODUCED BY   Assembly Member Swanson
   (Principal coauthor: Senator Romero)
   (Coauthor: Senator Perata)

                        FEBRUARY 20, 2007

   An act to add and repeal Chapter 4.3 (commencing with Section
18259) of Part 6 of Division 9 of the Welfare and Institutions Code,
relating to sexually exploited minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 499, Swanson. Commercially sexually exploited minors.
   Existing law declares the findings of the Legislature that there
is a need to develop programs to ameliorate, reduce, and ultimately
eliminate the trauma of child sexual abuse, and that, for the
purposes of developing and providing these programs and services, and
for the training of, and providing information to, city and county
personnel throughout the state, it is necessary to expand specified
services.
   This bill would, until January 1, 2012, authorize the District
Attorney of Alameda County 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. The bill would authorize the District Attorney of Alameda
County, as part of the pilot project, to develop protocols for
identifying and assessing minors, upon arrest or detention by law
enforcement, who may be victims of commercial sexual exploitation,
and to develop a diversion program reflecting the best practices to
address the needs and requirements of those minors. The district
attorney would also be authorized to develop, offer, and provide a
training curriculum that would provide training for certain county
employees on the commercial sexual exploitation of minors in Alameda
County, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to encourage the
development of a comprehensive, multidisciplinary model reflecting
the best practices for the response of law enforcement and the
criminal and juvenile justice systems to identify and assess
commercially sexually exploited children who have been arrested or
detained by local law enforcement.
  SEC. 2.  Chapter 4.3 (commencing with Section 18259) is added to
Part 6 of Division 9 of the Welfare and Institutions Code, to read:
      CHAPTER 4.3.  SEXUALLY EXPLOITED MINORS PILOT PROJECT


   18259.  (a) The County of Alameda, contingent upon local funding,
may establish a pilot project consistent with this chapter to develop
a comprehensive, replicative, 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 violation of subdivision (a) or (b) of Section 647 or
subdivision (a) of Section 653.22 of the Penal Code.
   (b) The District Attorney of the County of Alameda, in
collaboration with county and community-based agencies, may develop,
as a component of the pilot project described in this chapter,
protocols for identifying and assessing minors, upon arrest or
detention by law enforcement, who may be victims of commercial sexual
exploitation.
   (c) 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.
   (d) The District Attorney of the County of Alameda, in
collaboration with county and community-based agencies, may 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, to do both of the following:
   (1) Develop a training curriculum reflecting the best practices
for identifying and assessing minors who may be victims of commercial
sexual exploitation.
   (2) Offer and provide this training curriculum through
multidisciplinary teams to law enforcement, child protective
services, and others who are required to respond to arrested or
detained minors who may be victims of commercial sexual exploitation.

   18259.3.  For purposes of this chapter, "commercially sexually
exploited minor" means a person under 18 years of age who has been
abused in the manner described in paragraph (2) of subdivision (c) of
Section 11165.1 of the Penal Code, and who has been detained for a
violation of the law or placed in civil protective custody on a
safety hold based only on a violation of subdivision (a) or (b) of
Section 647 or subdivision (a) of Section 653.22 of the Penal Code.
   18259.5.  This chapter shall remain in effect only until January
1, 2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.