BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 114
                                                                  Page  1

          Date of Hearing:   June 11, 2013
          Consultant:      Martin R. Vindiola


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    SB 114 (Pavley) - As Amended:  April 10, 2013


           SUMMARY  : Extends the sunset date by 3 years for the  
          discretionary pilot project in Los Angeles County regarding the  
          development of a comprehensive, multidisciplinary model  
          reflecting the best practices for the response of law  
          enforcement and the criminal 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.  Specifically,  this bill  : 

          1) Changes the sunset date from January 1, 2014 to January 1,  
          2017.

          2) Extends the date by which the District Attorney for Los  
          Angeles County must file the report on the pilot project from  
          April 1, 2013 to April 1, 2016. 

           EXISTING LAW  : 

          1)Authorizes the County of Los Angeles 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 who have been arrested  
            or detained by local law enforcement for a prostitution  
            offense.  [Welfare and Institutions Code (WIC) Section  
            18259.7(a).]

          2)Allows the Los Angeles County District Attorney to develop, in  
            collaboration with the county and community-based agencies  
            protocols for identifying and assessing minors who may be  
            victims of commercial sexual exploitations, upon their arrest  
            or detention by law enforcement.  [WIC Section 18259.7(b).]

          3)Permits the Los Angeles County District Attorney, in  
            collaboration with county and community-based agencies to  








                                                                  SB 114
                                                                  Page  2

            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 Section 18259.7(c).]

          4)Allows the Los Angeles County District Attorney in  
            collaboration with county and community-based agencies to form  
            a multidisciplinary team including, but not limited to, city  
            police departments, county sheriff's department, the public  
            defender's office, the probation department, child protective  
            services and the community-based organizations that work with  
            or advocate for sexually exploited minors.  This team will do  
            both of the following:  [WIC Section 18259.7(d)(1)(2)]

             a)   Develop a training curriculum reflecting best practices  
               for identifying and assessing minors who may be victims of  
               commercial sexual exploitation; and, 

             b)   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. 

          5)Requires the Los Angeles District Attorney's Office to submit  
            a report to the Legislature on or before April 1, 2013, that  
            summarizes his or her activities with relation to the pilot  
            project to assist the Legislature in determining whether the  
            pilot project should be extended or expanded to other  
            counties. [WIC Section 18259.7(e).]

          6)Requires the Los Angeles District Attorney's Office report to  
            include the number of sexually exploited minors, if any,  
            diverted by the program authorized in subdivision (c), and a  
            summary of the types of services and alternate treatments  
            provided to those minors.  The report shall be contingent upon  
            local funding, and shall be required only if the County of Los  
            Angeles establishes a pilot project and the district attorney  
            performs any of the activities of the pilot project  
            authorized.  The report shall not include any information that  
            would reveal the identity of a specific sexually exploited  
            minor. [WIC Section 18259.7(e).]

          7)Sunsets the Los Angeles County pilot project on January 1,  
            2014. [WIC Section 18259.10(b).]








                                                                  SB 114
                                                                  Page  3


           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  : According to the author, "SB 114 seeks to  
            extend the sunset date on the Los Angeles County pilot program  
            for sexually exploited youth. Currently, the program is set to  
            sunset on January 1, 2014. This bill would extend the sunset  
            by three years."

           2)Background  : According to the  Los Angeles County Probation  
            Department  , "In recognition that over the past several years,  
            Los Angeles County has had a significant increase in the  
            number of sexually trafficked youth, Probation Department  
            staff have been working collaboratively with the ICAN Domestic  
            Minor Human Trafficking Committee, Juvenile Courts, FBI  
            Innocence Lost LA Taskforce (ILTF), the District Attorney's  
            Office, Department of Children and Family Services (DCFS),  
            Department of Mental Health (DMH), Department of Health  
            Services (DHS), and representatives from various local law  
            enforcement agencies with a focus on developing an effective  
            diversion process and rehabilitative services for sexually  
            exploited DCFS and Probation youth in Los Angeles County.  

            In June 2011, Probation and Delinquency Courts applied  
            separately for Title II funding to develop a pilot project to  
            begin to address the needs of sexually exploited youth.  The  
            pilot includes health, mental health assessment, enhanced  
            supervision, focused treatment and services, either within a  
            placement program or in the community, as well as mentoring  
            and aftercare. 

            On November 10, 2011, Probation and Juvenile Courts were each  
            awarded Title II funding of $350,000 per year, for a maximum  
            three-year period, to implement a comprehensive  
            multidisciplinary program for sexually trafficked females in  
            the Juvenile Justice System.   
            () 

           3)Implementation Diversion Efforts Pursuant to SB 1279  :  
            According to the  Los Angeles County Probation Department  ,  
            "Senate Bill 1279 (Pavley), signed by the Governor in July  
            2010, provides statutory authority to the Los Angeles County  
            District Attorney to engage with the County departments to  








                                                                  SB 114
                                                                  Page  4

            develop a pilot program to address diversion and treatment of  
            sexually exploited minors.  The District Attorney has  
            assembled a multidisciplinary team, including representatives  
            from Probation, DCFS, DMH, Los Angeles Superior Court, Public  
            Defender's Office, County Counsel, Non-Governmental  
            Organizations, and City and County Law enforcement agencies,  
            to work collaboratively in this critical endeavor to rescue,  
            rehabilitate, and restore trafficked youth.  The District  
            Attorney's Office and its collaborative partners are in the  
            process of:

             a)   Developing protocols for identifying and assessing  
               minors upon arrest and detention by law enforcement who may  
               have been victims of commercial sexual exploitation;

             b)   Developing a diversion program to address the needs and  
               requirements of these arrested or detained minors; and

             c)   Forming a multidisciplinary team consisting of police,  
               Probation, DCFS, the Public Defender, and others who work  
               with and advocate for these children, to develop and  
               provide a training curriculum reflecting best practices to  
               identify and assess minors who may be victims of commercial  
               sexual exploitation."   
               (.)

           4)Argument in Support  :  According to the  Children's Advocacy  
            Institute  , the sponsor of this bill, "The problem of sexually  
            exploited minors is a serious and growing one.  Sexually  
            exploited minors are overwhelmingly girls and researchers  
            estimate up to 300,000 are sexually trafficked in the United  
            States every year.  According to the data collected by Alameda  
            County, the average age of the girls is merely 15.

          "Experts have said that gangs and organized crime are showing  
            new enthusiasm for aggressively sexually trafficking minor  
            girls.  These same experts tell us that the crime rings deploy  
            sophisticated mind control recruitment and retention  
            techniques as brutal as repeated rapes, beatings, isolation,  
            branding with tattoos, and death threats.  But, still our laws  
            and programs don't recognize these girls as victims when they  
            are paid even though they would universally be seen as victims  
            if they were not paid. 

          "The diversion program is set to launch in March 2013?.the  








                                                                  SB 114
                                                                  Page  5

            program is voluntary and its duration is one year. Minors will  
            be required to sign a Participant Contract, attend mental  
            health, sexual assault, and/or substance abuse counseling and  
            treatment, attend a 10-week educational workshop, My Life My  
            Choice, which will be facilitated by a therapist and a  
            survivor, participate in community service for the purposes of  
            reintegrating the minor back into the community, and attend  
            school and maintain passing grades.  If a minor successfully  
            completes the program, the minor's case will be dismissed  
            against her, and any record filed with the DOJ will indicate  
            the disposition under PC 1001.9(a)."

           5)Related Legislation  :  SB 738 (Yee), would provide that a child  
            who is a victim of human trafficking or sexual exploitation is  
            within the jurisdiction of the juvenile court. This bill is  
            currently being held at the Assembly desk. 

           6)Prior Legislation  : 

             a)   SB 1279 (Pavley), Chapter 116, Statutes of 2010,  
               replicated AB 499's pilot program for Los Angeles County.  
               It established a sunset date of January 1, 2014. 

             b)   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 recognizes sexually exploited minors  
               within the juvenile justice system.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Children's Advocacy Institute (Sponsor) 
          American Congress of Obstetricians and Gynecologists
          Association for Los Angeles Deputy Sheriffs 
          California Catholic Conference Inc. 
          California Communities United Institute 
          California Medical Association 
          California Narcotics Officers' Association 
          California Police Chiefs Association
          California Public Defenders Association
          California State Sheriffs' Association
          Crime Victim Action Alliance








                                                                  SB 114
                                                                  Page  6


           Opposition 
           
          None
           

          Analysis Prepared by  :    Martin R. Vindiola / PUB. S. / (916)  
          319-3744