AB 1730, as introduced, Atkins. Human trafficking: minors.
Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution.
Existing law authorizes or requires, as specified, the probation officer of a county to exercise various duties with respect to a minor who has been found to be within the jurisdiction of the juvenile court on the ground that he or she has violated a law or statute, or that he or she has suffered, or there is a substantial risk that he or she will suffer, abuse or neglect.
Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California’s adult and juvenile criminal justice system.
This bill would authorize the chief probation officer of a county 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. The bill would provide that funding for these purposes shall be contingent upon an appropriation in the annual Budget Act. The bill would provide that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) Worldwide, human trafficking is a $32,000,000,000 per year
4industry.
5(b) After drug trafficking and counterfeiting, it is the world’s
6most profitable criminal activity.
7(c) Although this issue was previously believed to be an
8international problem, current statistics show that human trafficking
9is increasingly a domestic issue.
10(d) According to estimates by the Federal Bureau of
11Investigation (FBI), human trafficking or the commercial sexual
12exploitation of children in the United
States currently involves
13over 100,000 children. The San Francisco Bay area, Los Angeles,
14and San Diego metropolitan areas comprise three of the nation’s
1513 areas of “high intensity” child exploitation in this country, as
16defined by the FBI.
17(e) Studies have estimated that anywhere from 50 percent to 80
18percent of victims of commercial sexual exploitation are, or
19previously were, involved with the child welfare system.
20(f) Law enforcement, probation, education, mental health, and
21public health systems, as well as nonprofit organizations, currently
22serve these victims, but often lack coordination in providing
23services. These systems do not yet consistently recognize these
24young people as victims who are subject to the cycle of commercial
25sexual exploitation. Although they are learning to identify victims,
26they do not yet have adequate service design, nor capacity, to
27provide
specialized services. Integrated strategies are necessary
28in order to help child victims of sexual exploitation in California
29and to ascertain the service models and strategies that are effective
30in the recovery of the child and the child’s future.
P3 1(g) According to the Child Welfare Council, there is a dearth
2of specialized placements and services to help youth and their
3families when commercial sexual exploitation occurs. Although
4legislation has recently been enacted to permit these victims to
5enter the child welfare system in order to facilitate placements and
6the provision of other essential services to these victims, and other
7important implementation efforts are underway, specially attuned
8services do not yet exist.
Section 893.5 is added to the Welfare and Institutions
10Code, to read:
(a) The chief probation officer of a county may create
12a program to provide services to youth within his or her jurisdiction
13that addresses the need for services relating to the commercial
14sexual exploitation of youth.
15(b) Programs that receive funding pursuant to this section may
16include, but shall not be limited to, programs licensed by the State
17Department of Social Services that do any of the following:
18(1) Assess the youth victim’s condition, including a review of
19the extent of trauma suffered, physical and mental health, and the
20status of age-appropriate developmental factors, such as educational
21status.
22(2) Serve exploited youth in a services-rich environment,
23including trauma-informed counseling services.
24(3) Research options, make recommendations, and work to find
25solutions to provide specialized services and permanent placement
26solutions for the youth.
27(4) Provide staff who are trained to work with, and experienced
28in working with, child sex trafficking victims.
29(5) Include peer mentors in the design and provision of service
30delivery.
31(6) Provide a plan for how to structure a protective setting
32secluded from the victim’s trafficking environment, which could
33include strategies such as a geographically remote location, staff
34protective presence, delayed egress, or any combination of
35strategies intended to protect the victim.
36(c) Funding for the purposes described in this section shall be
37contingent upon an appropriation in the annual Budget Act. Funds
P4 1appropriated for these purposes shall be administered by the Board
2of State and Community Corrections.
O
99