BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1675 (Mark Stone) - Juveniles: prostitution
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|Version: June 9, 2016 |Policy Vote: PUB. S. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1675 would require a probation officer, in cases in
which a minor is alleged to have committed a specified
prostitution-related offense, to provide informal supervision of
the minor in lieu of requesting a prosecutor to file a formal
delinquency petition, as specified. This bill would require the
probation officer to make a report to the child welfare agency
and the child welfare agency to investigate the report, as
specified.
Fiscal
Impact:
Mandated informal probation : Potentially significant ongoing
increase in probation supervision costs in the hundreds of
thousands of dollars statewide, potentially state-reimbursable
(General Fund), to provide services that otherwise may not
have been provided had a formal delinquency petition been
filed. DOJ statistics indicate 368 arrests in 2013, 267
arrests in 2014, and 235 arrests in 2015 of minors for the
prostitution-related offenses specified in this measure.
Probation reports to child welfare services : Potential
AB 1675 (Mark Stone) Page 1 of
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increase in the number of reports to child welfare agencies by
probation officers (Local Funds), however, no projected
increase in the level of service provided under existing
requirements of probation departments to comply with the
mandated reporting requirement to child welfare services.
Under existing law, whenever a minor appears to come within
the description of both dependency and delinquency
jurisdiction, the county probation department and the child
welfare services department are required to coordinate to
initially determine which status will serve the best interests
of the minor and the protection of society (WIC § 241.1(a).).
Child welfare services : Potential increase in child welfare
services costs in excess of $150,000 (General Fund*) annually
to the extent this bill results in additional reports to child
welfare agencies, subsequently prompting additional
investigations, assessments, and services that otherwise may
not have been provided.
Local correctional facilities : Potential local agency cost
savings (Local Funds) resulting from the reduced detention of
minors in juvenile facilities.
Proposition 30* : Exempts the State from mandate reimbursement
for realigned responsibilities for "public safety services"
including child welfare services and the provision of
treatment and services for juvenile and adult offenders,
however, legislation enacted after September 30, 2012, that
has an overall effect of increasing the costs already borne by
a local agency for public safety services apply to local
agencies only to the extent that the State provides annual
funding for the cost increase. The provisions of Proposition
30 have not been interpreted through the formal court process
to date, however, to the extent the local agency costs
resulting from this measure are determined to be applicable
under the provisions of Proposition 30, could result in
additional costs to the State.
Background: Current law provides that the purpose of juvenile court law
"is to provide for the protection and safety of the public and
each minor under the jurisdiction of the juvenile court and to
preserve and strengthen the minor's family ties whenever
possible, removing the minor from the custody of his or her
parents only when necessary for his or her welfare or for the
safety and protection of the public." (Welfare and Institutions
Code (WIC) § 202.)
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Existing law generally authorizes a probation officer to provide
a period of informal supervision for a period of up to six
months in lieu of filing a dependency petition or delinquency
petition for a minor who appears to be likely to come within the
jurisdiction of the juvenile court, as specified. (WIC § 654.)
Under existing law, a probation officer may file a dependency
petition or request the prosecuting attorney to file a
delinquency petition at any time within the six-month period or
a 90-day period thereafter. If the probation officer determines
that the minor has not involved himself or herself in the
specific programs within 60 days, the probation officer is
required to immediately file a petition or request that a
petition be filed by the prosecuting attorney. However, when in
the judgment of the probation officer the interest of the minor
and the community can be protected, the probation officer is
required to make a diligent effort to proceed with informal
probation. (WIC § 654.)
Existing law specifies numerous circumstances under which a
minor is ineligible for informal probation including but not
limited to a petition alleges that the minor has sold or
possessed for sale a controlled substance, or the minor has
previously participated in a program of informal supervision.
(WIC § 654.3.)
Proposed Law:
This bill would require in any case in which a minor has been
alleged to have violated one of the prostitution-related
offenses listed below, the probation officer, in lieu of
requesting that a petition be filed by the prosecuting attorney
to declare the minor a ward of the court, to proceed and
delineate a specific program of supervision (informal probation)
for the minor:
Penal Code § 647(b) - soliciting or agreeing to engage
in or engaging in any act of prostitution.
Penal Code § 653.22 - loitering in any public place with
the intent to commit prostitution.
This bill provides an exception for the cases specified in this
measure from the prohibition from providing informal supervision
to minors who have previously participated in a program of
informal supervision.
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In addition, this bill requires the probation officer to make a
report to the county child welfare agency if the officer has
reason to believe the minor is a person described in WIC § 300
(dependency, a victim of abuse and/or neglect), and requires the
child welfare agency to investigate the report.
Related Legislation: SB 1322 (Mitchell) 2016 would prohibit a
minor from being arrested for a prostitution offense, as
specified, and would provide that a commercially exploited child
pursuant to the bill's provisions may be adjudged a dependent
child of the court, as specified, and may be taken into
temporary custody if the conditions allowing temporary custody
without warrant are met. SB 1322 has been ordered to Third
Reading on the Assembly Floor.
SB 1064 (Hancock) 2016 would eliminate the sunset date on the
discretionary Sexually Exploited Minors Pilot Project in Alameda
and Los Angeles Counties, to operate indefinitely. SB 1064 would
expand the definition of "commercially sexually exploited minor"
served by the program to include, among others, minors who have
been adjudged dependents of the juvenile court. SB 1064 has been
ordered to Third Reading on the Assembly Floor.
AB 1730 (Atkins) 2016 would authorize a chief probation officer
of a county to create a program to provide services to youth
within the county 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 Board of State and Community Corrections. AB 1730 is
scheduled to be heard today by this Committee.
AB 1731 (Atkins) 2016 would create 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 is scheduled to be heard today by this
Committee.
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AB 1760 (Santiago) 2016 would have directed a peace officer who
determines that a minor is a victim of human trafficking to
report such abuse, consult with a child welfare worker about a
safe placement for the minor, and transport the minor to such
placement, unless the minor is otherwise arrested. AB 1760 was
held on the Suspense File of the Assembly Appropriations
Committee.
AB 2723 (Chavez) 2016 would expand the population of children
eligible to be adjudged dependents of the juvenile court to
include a child who solicits or engages in any act of
prostitution or loiters in a public place with the intent to
commit prostitution, as specified. AB 2723 is pending hearing in
this Committee.
Staff
Comments: By requiring probation officers to provide informal
supervision to minors who allegedly have committed specified
prostitution-related offenses, this bill creates a
state-mandated local program, potentially resulting in
significant ongoing state-reimbursable costs for services and
programs the probation departments may not have otherwise
provided if not so mandated. Additionally, expanding eligibility
for informal supervision to minors who have previously
participated in a program of informal supervision (which is
currently prohibited under existing law) may have the effect of
increasing the ongoing program costs to probation departments.
To the extent the Commission on State Mandates determines these
requirements create a higher level of service on local probation
departments, local agencies could claim reimbursement for these
costs.
Based on information from the DOJ, 235 minors were arrested for
the prostitution-related offenses specified in this measure in
2015. To the extent these minors are provided informal probation
in lieu of pursuing delinquency jurisdiction under the juvenile
court, probation departments could incur additional costs to
provide services in the hundreds of thousands of dollars
annually.
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To the extent the referral to child welfare services prompts an
investigation and possible consideration under dependency
jurisdiction, the one-time costs, not including services, for an
initial screening and assessment for eligibility under the
Commercially Sexually Exploited Children (CSEC) program for 235
minors is estimated to cost about $150,000 (General Fund). To
the extent these minors are adjudged dependents of the juvenile
court, additional future costs to provide services and grants
within the dependency system of care under the CSEC Program
could be incurred.
This bill could potentially result in significant future cost
savings to numerous state and local agencies, including but not
limited to the courts, state prisons, local correctional
facilities, and human services agencies to the extent providing
informal supervision to these minors and providing them with
necessary supportive services in lieu of filing for delinquency
jurisdiction results in reductions in future involvement in the
criminal justice system.
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