Amended in Senate August 25, 2016

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 in up to 4begin delete counties, includingend deletebegin insert counties that elect to participate in the pilot project and would authorizeend insert the Counties of Sacramento, San Diego,begin insert San Joaquin,end insert and Santabegin delete Clara.end deletebegin insert Clara to elect to participate in the pilot project.end insert The bill would authorize each participating county to determine whether that county’s probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. The bill would require a program funded by the pilot project to provide services to youth within that county’s jurisdiction thatbegin delete addressesend deletebegin insert addressend insert 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 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 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:

P2    1

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 in up to four counties that elect to
5participate in the pilotbegin delete project, includingend deletebegin insert project. end insertbegin insertThe counties that
P3    1may elect to participate in the pilot project areend insert
the Counties of
2Sacramento, San Diego,begin insert San Joaquin,end insert and Santa Clara. Each
3participating county may determine whether that county’s probation
4department or child welfare agency, or both the county probation
5department and county child welfare agency, shall create and
6operate a program funded by the pilot project. A program funded
7by the pilot project shall provide services to youth within that
8county’s jurisdiction thatbegin delete addressesend deletebegin insert addressend insert the need for services
9relating to the commercial sexual exploitation of youth. The
10purpose of the pilot project is to test a service model that would
11produce improved outcomes for youth victims of human
12trafficking.

13(b) A program that receives funding pursuant to this section
14shall utilize, for purposes of the program, only facilities that are
15licensed by the State Department of Social Services. Programs
16that receive funding pursuant to this section may include, but shall
17not be limited to, programs that do 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) A county that elects to participate in the pilot project and
37establishes a program pursuant to this section shall conduct at least
38one evaluation of the program’s impact and effectiveness. The
39evaluation shall include, but not be limited to, monitoring the
40program’s effect on youth being served, if any, and its effectiveness
P4    1with respect to program participants, including outcome-related
2data for program participants compared to youth who do not
3participate in a program funded by the pilot project. The county
4shall submit the evaluation to the Board of State and Community
5Corrections.

6(d) The pilot project established pursuant to this section shall
7be funded contingent upon an appropriation in the annual Budget
8Act. Funds appropriated for these purposes shall be administered
9by the Board of State and Community Corrections.

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



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