Amended in Senate August 19, 2016

Amended in Senate August 1, 2016

Amended in Senate June 30, 2016

Amended in Assembly May 27, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1730


Introduced by Assembly Members Atkins and Eggman

(Principal coauthors: Assembly Members Olsen and Quirk)

(Coauthors: Assembly Members Burke, Campos, Chiu, Chu, Dodd, Gallagher, Cristina Garcia, Eduardo Garcia, Gonzalez, Grove, Mark Stone, and Williams)

January 28, 2016


An act to add and repeal Section 893.5 of the Welfare and Institutions Code, relating to human trafficking.

LEGISLATIVE COUNSEL’S DIGEST

AB 1730, as amended, 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, only until January 1, 2022, require the Board of State and Community Corrections to establish a pilot project inbegin delete each ofend deletebegin insert up to 4 counties, includingend insert the Counties of Sacramento, San Diego, and Santa Clara. The bill would authorize eachbegin insert participatingend insert countybegin delete that elects to participate in the pilot projectend delete to determine whether that county’s probation department or child welfare agency, or both, wouldbegin delete participate inend deletebegin insert create and operate a program funded byend insert the pilot project. The bill would requirebegin delete the department or agency, or both, selected by each county to participate in the pilot project to createend delete a programbegin insert funded by the pilot projectend insert to provide services to youth within that county’s jurisdiction that addresses the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model that would produce improved outcomes for youth victims of human trafficking. The bill would also require a county thatbegin delete establishes a pilotend deletebegin insert elects to participate in the pilot project and establishes aend insert program pursuant to these provisions to conduct at least one evaluation of the program’s impact and effectiveness and to submit that evaluation to the board. The bill would provide that the pilotbegin delete projectsend deletebegin insert projectend insert established pursuant to these provisions would be funded 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:

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SECTION 1.  

Section 893.5 is added to the Welfare and
2Institutions Code
, to read:

3

893.5.  

(a) The Board of State and Community Corrections
4shall establish a pilot project inbegin delete each ofend deletebegin insert up to four counties that
5elect to participate in the pilot project, includingend insert
the Counties of
6Sacramento, San Diego, and Santa Clara. Eachbegin insert participatingend insert county
P3    1begin delete that elects to participate in the pilot projectend delete may determine whether
2that county’s probation department or child welfare agency, or
3both the county probation department and county child welfare
4agency, shallbegin delete participate inend deletebegin insert create and operate a program funded
5byend insert
the pilot project.begin delete The department or agency, or both, selected
6by each county to participate in the pilot project shall create a
7program toend delete
begin insert A program funded by the pilot project shallend insert provide
8services to youth within that county’s jurisdiction that addresses
9the need for services relating to the commercial sexual exploitation
10of youth. The purpose of the pilot project is to test a service model
11that would produce improved outcomes for youth victims of human
12trafficking.

13(b) begin deletePrograms that receive end deletebegin insertA program that receives end insertfunding
14pursuant to this section shall utilize, for purposes of the program,
15only facilities that are licensed by the State Department of Social
16Services. Programs that receive funding pursuant to this section
17may include, but shall not be limited to, programs that do the
18following:

19(1) Assess the youth victim’s condition, including a review of
20the extent of trauma suffered, physical and mental health, and the
21status of age-appropriate developmental factors, such as educational
22status.

23(2) Serve exploited youth in a services-rich environment,
24including trauma-informed counseling services.

25(3) Research options, make recommendations, and work to find
26solutions to provide specialized services and permanent placement
27solutions for the youth.

28(4) Provide staff who are trained to work with, and experienced
29in working with, child sex trafficking victims.

30(5) Include peer mentors in the design and provision of service
31delivery.

32(6) Provide a plan for how to structure a protective setting
33secluded from the victim’s trafficking environment, which could
34include strategies such as a geographically remote location, staff
35protective presence, delayed egress, or any combination of
36strategies intended to protect the victim.

37(c) A county thatbegin insert elects to participate in the pilot project andend insert
38 establishes abegin delete pilotend delete program pursuant to this section shall conduct
39at least one evaluation of the program’s impact and effectiveness.
40The evaluation shall include, but not be limited to, monitoring the
P4    1program’s effect on youth being served, if any, and its effectiveness
2with respect to program participants, including outcome-related
3data for program participants compared to youth who do not
4participate inbegin insert a program funded byend insert the pilot project. The county
5shall submit the evaluation to the Board of State and Community
6Corrections.

7(d) The pilotbegin delete projectsend deletebegin insert projectend insert established pursuant to this section
8shall be funded contingent upon an appropriation in the annual
9Budget Act. Funds appropriated for these purposes shall be
10administered by the Board of State and Community Corrections.

11(e) This section shall remain in effect only until January 1, 2022,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2022, deletes or extends that date.



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