BILL NUMBER: AB 1730 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 30, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
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 in
each of up to 4 counties, including the
Counties of Sacramento, San Diego, and Santa Clara. The bill would
authorize each participating county that elects
to participate in the pilot project to determine whether
that county's probation department or child welfare agency, or both,
would participate in create and operate a
program funded by the pilot project. The bill would require
the department or agency, or both, selected by each county
to participate in the pilot project to create a program
funded by the pilot project 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 that
establishes a pilot elects to participate in
the pilot project and establishes a 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 pilot projects
project 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:
SECTION 1. Section 893.5 is added to the Welfare and Institutions
Code, to read:
893.5. (a) The Board of State and Community Corrections shall
establish a pilot project in each of up to
four counties that elect to participate in the pilot project,
including the Counties of Sacramento, San Diego, and Santa
Clara. Each participating county that elects to
participate in the pilot project may determine whether that
county's probation department or child welfare agency, or both the
county probation department and county child welfare agency, shall
participate in create and operate a program
funded by the pilot project. The department or agency,
or both, selected by each county to participate in the pilot project
shall create a program to A program funded by the
pilot project shall provide services to youth within that
county's jurisdiction that addresses the need for services relating
to the commercial sexual exploitation of youth. The purpose of the
pilot project is to test a service model that would produce improved
outcomes for youth victims of human trafficking.
(b) Programs that receive A program that
receives funding pursuant to this section shall utilize, for
purposes of the program, only facilities that are licensed by the
State Department of Social Services. Programs that receive funding
pursuant to this section may include, but shall not be limited to,
programs that do the following:
(1) Assess the youth victim's condition, including a review of the
extent of trauma suffered, physical and mental health, and the
status of age-appropriate developmental factors, such as educational
status.
(2) Serve exploited youth in a services-rich environment,
including trauma-informed counseling services.
(3) Research options, make recommendations, and work to find
solutions to provide specialized services and permanent placement
solutions for the youth.
(4) Provide staff who are trained to work with, and experienced in
working with, child sex trafficking victims.
(5) Include peer mentors in the design and provision of service
delivery.
(6) Provide a plan for how to structure a protective setting
secluded from the victim's trafficking environment, which could
include strategies such as a geographically remote location, staff
protective presence, delayed egress, or any combination of strategies
intended to protect the victim.
(c) A county that elects to participate in the pilot project
and establishes a pilot program pursuant to
this section shall conduct at least one evaluation of the program's
impact and effectiveness. The evaluation shall include, but not be
limited to, monitoring the program's effect on youth being served, if
any, and its effectiveness with respect to program participants,
including outcome-related data for program participants compared to
youth who do not participate in a program funded by the
pilot project. The county shall submit the evaluation to the Board of
State and Community Corrections.
(d) The pilot projects project
established pursuant to this section shall be funded contingent upon
an appropriation in the annual Budget Act. Funds appropriated for
these purposes shall be administered by the Board of State and
Community Corrections.
(e) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.