BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair S
2009-2010 Regular Session B
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SB 1279 (Pavley) 9
As Introduced February 19, 2010
Hearing date: April 13, 2010
Welfare and Institutions Code
AA:mc
SEXUALLY EXPLOITED MINORS PILOT PROJECT - LOS ANGELES COUNTY
HISTORY
Source: Children's Advocacy Institute, Inc.
Prior Legislation: AB 499 (Swanson) - Ch. 359, Statutes of 2008
Support: California Teachers Association; American Congress of
Obstetricians and Gynecologists,
District IX (California); California Communities United
Institute; Los Angeles
District Attorney's Office; Crittenton Services for Children and
Families; California District Attorneys Association
Opposition:None known
KEY ISSUE
SHOULD A DISCRETIONARY PILOT PROJECT BE EXPRESSLY, STATUTORILY
AUTHORIZED IN LOS ANGELES COUNTY 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, assess and address the needs of
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commercially sexually exploited children who have been arrested or
detained by local law enforcement FOR PROSTITUTION CRIMES, AS
SPECIFIED?
PURPOSE
The purpose of this bill is to statutorily authorize a
discretionary pilot project in Los Angeles County 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, assess and address the needs of commercially sexually
exploited children who have been arrested or detained by local
law enforcement for prostitution crimes, as specified.
Existing law expressly authorizes Alameda County, contingent
upon local funding, to "establish a pilot project . . . 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" prostitution crimes, as specified.
These provisions sunset January 1, 2010.
This bill would authorize an identical pilot project for the
County of Los Angeles, without a sunset.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
The severe prison overcrowding problem California has
experienced for the last several years has not been solved. In
December of 2006 plaintiffs in two federal lawsuits against the
Department of Corrections and Rehabilitation sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
federal three-judge panel issued an order requiring the state to
reduce its inmate population to 137.5 percent of design capacity
-- a reduction of roughly 40,000 inmates -- within two years.
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In a prior, related 184-page Opinion and Order dated August 4,
2009, that court stated in part:
"California's correctional system is in a tailspin,"
the state's independent oversight agency has reported.
. . . (Jan. 2007 Little Hoover Commission Report,
"Solving California's Corrections Crisis: Time Is
Running Out"). Tough-on-crime politics have increased
the population of California's prisons dramatically
while making necessary reforms impossible. . . . As a
result, the state's prisons have become places "of
extreme peril to the safety of persons" they house, .
. . (Governor Schwarzenegger's Oct. 4, 2006 Prison
Overcrowding State of Emergency Declaration), while
contributing little to the safety of California's
residents, . . . . California "spends more on
corrections than most countries in the world," but the
state "reaps fewer public safety benefits." . . . .
Although California's existing prison system serves
neither the public nor the inmates well, the state has
for years been unable or unwilling to implement the
reforms necessary to reverse its continuing
deterioration. (Some citations omitted.)
. . .
The massive 750% increase in the California prison
population since the mid-1970s is the result of
political decisions made over three decades, including
the shift to inflexible determinate sentencing and the
passage of harsh mandatory minimum and three-strikes
laws, as well as the state's counterproductive parole
system. Unfortunately, as California's prison
population has grown, California's political
decision-makers have failed to provide the resources
and facilities required to meet the additional need
for space and for other necessities of prison
existence. Likewise, although state-appointed experts
have repeatedly provided numerous methods by which the
state could safely reduce its prison population, their
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recommendations have been ignored, underfunded, or
postponed indefinitely. The convergence of
tough-on-crime policies and an unwillingness to expend
the necessary funds to support the population growth
has brought California's prisons to the breaking
point. The state of emergency declared by Governor
Schwarzenegger almost three years ago continues to
this day, California's prisons remain severely
overcrowded, and inmates in the California prison
system continue to languish without constitutionally
adequate medical and mental health care.<1>
The court stayed implementation of its January 12, 2010, ruling
pending the state's appeal of the decision to the U.S. Supreme
Court. That appeal, and the final outcome of this litigation,
is not anticipated until later this year or 2011.
This bill does not aggravate the prison overcrowding crisis
described above.
COMMENTS
1. Stated Need for This Bill
The author states:
Under current law, when an adult has consensual sexual
relations with a minor, the adult is subject to
criminal prosecution, and as a matter of law, the
minor is deemed too young to consent to such
relations. They are considered a victim under the
law. This is not the case when money is exchanged for
sexual activity however. In a case where an adult
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<1> Three Judge Court Opinion and Order, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (August 4, 2009).
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pays a minor in exchange for sexual activities, that
minor is eligible for charges of prostitution . . . .
This is a grave injustice in many cases where minors
are forcibly coerced and manipulated, often by an
adult, into selling their bodies for the benefit of
their pimps. Untold numbers of children fall victim
to predatory adults who sexually exploit them for
commercial gain in this manner, and who very often
abuse these minors in unspeakably brutal ways.
Currently, exploited minors often go through the
juvenile justice system with little opportunity for
rehabilitation and healing that is specific to their
needs.
Following the collaborative diversion efforts which
were spurred in Alameda County by AB 499 (Swanson)
from 2008, and are currently set to be fully
integrated in that county this summer, this bill seeks
to address the specialized needs of commercially
sexually exploited minors in a manner which focuses on
rehabilitation rather than criminalization. This bill
would authorize a similar pilot project specific to
the needs and capacity of Los Angeles County, and
contingent upon local funding.
Additionally, in light of the fact that Federal Grants
are made available through the Department of Justice
and other Departments to local governments and
entities for the purposes of combating human
trafficking and the commercial sexual exploitation of
minors, it is the intent and hope of this legislation
that Los Angeles County will be competitive for any
such grants or other sources of funding in the future.
In California it is a crime to recruit children, pimp
children or pander children for the purpose of
prostitution . . . . However, with the exception of
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the pilot program in Alameda County, California does
not treat children involved in these acts of
prostitution as victims. It is imperative that
California change that approach, and using Alameda
County's efforts as a very effective beginning, this
bill seeks to expand and build upon that approach in
Los Angeles County. It is imperative that as many
exploited children as possible are given the chance to
have a normal life in California, and this bill seeks
to increase those chances.
2. What This Bill Would Do
As explained above, in 2008 the Legislature passed AB 499
(Swanson) to authorize a pilot project in Alameda County
intended "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." AB 499 and this bill share the following
identical, discretionary features:
Development of 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
solicitation<2> or loitering with the intent to commit
prostitution.<3>
Development of protocols for identifying and assessing
minors, upon arrest or detention by law enforcement, who
may be victims of commercial sexual exploitation.
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<2> Specifically, a violation of subdivision (a) or (b) of
Section 647.
<3> Specifically, a violation of subdivision (a) of Section
653.22.
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Development of 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.
Formation of a multidisciplinary team to (1) develop a
training curriculum reflecting the best practices for
identifying and assessing minors who may be victims of
commercial sexual exploitation, and (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.
"Commercially sexually exploited minor" means a person under 18
years of age 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 prostitution or pimping crimes, as specified.
3. Sunset
As contemplated and passed by the Legislature in 2008, AB 499
was a pilot project with a sunset of January 1, 2012. SB 1279
is likewise presented as a pilot project, but contains no
sunset. Members may wish to consider whether a sunset should be
added to this bill.
SHOULD THIS BILL BE SUNSETTED, LIKE ITS PREDECESSOR AB 499?
4. Sexually Exploited Minors and the Criminal Justice System
News articles over the last few years have highlighted the
problem of child and teen prostitutes. For example, the Contra
Costa Times in 2008 reported, "last year, of the 443 females
arrested for prostitution in Oakland, 29 were juvenile cases. ?
Meanwhile, police have only just started to quantify the problem
and have been working to nail down firm numbers. ? Technology,
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the Internet, and cell phones have all changed the game. Pimps
now use technology to sell girls as young as 11 or 12 on the
street."<4> Similarly, an Oakland Tribune article from earlier
this year described efforts to address child prostitutes as
victims rather than criminal offenders:
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<4> Dunlap, Kamika, Cops Treating Child Prostitutes as
Victims, Contra Costa Times, April 23, 2008.
The majority of youngsters involved in the sex trade
have been abused or neglected. Almost all the
youngsters on the streets have run away from a home
situation they find untenable.
"A lot of these young girls are foster care youth and
kids not connected to any family system," said Brian
Bob, outreach coordinator for Covenant House, a
nonprofit homeless shelter for youth that drives a van
around Oakland five nights a week to provide food and,
if they'll accept it, shelter to homeless youngsters.
The vast majority of homeless girls Covenant House
finds are prostitutes, he said.
. . .
Alameda County Deputy District Attorney Sharmin
Eshraghi Bock, who prosecutes human exploitation and
trafficking cases, said many young girls who fall into
prostitution have never known a loving family, so they
mistake a pimp's affection and promises of material
things for love.
. . .
Sexually Abused and Commercially Exploited Youth, an
Oakland- based counseling program, last year surveyed 100
children ages 11 to 17 who had been peddled on the
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streets and referred for counseling.
They found that 75 percent of the children had been
raped at some time in their lives, 48 percent had been
physically or sexually abused, and 70 percent had been
assaulted while working the streets.
Most respondents were runaways: Eighty-eight percent
said they had run away from their family home or a
foster care home. . . .
Nola Brantley, coordinator of the SACEY counseling program,
said the child prostitution epidemic in Oakland can be
partially blamed on an overtaxed police system.
"There are cases of severe child abuse in Oakland that
will go uninvestigated and not prosecuted because of
lack of manpower," Brantley said. "Some of these same
children who were abused and nobody intervened will go
on to become sexually exploited minors."<5>
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<5> Barbara Grady, Many Child Prostitutes Seeking Shelter,
Oakland Tribune, April 22, 2008.