BILL ANALYSIS Ó AB 1730 Page 1 Date of Hearing: March 1, 2016 Counsel: David Billingsley ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair AB 1730 (Atkins) - As Introduced January 28, 2016 SUMMARY: Authorizes the chief probation officer of a county to create a program to provide services to youth within the county that address the need for services relating to the commercial sexual exploitation of youth. Specifically, this bill: 1)Authorizes the chief probation officer of a county to create a program to provide services to youth within the county that address the need for services relating to the commercial sexual exploitation of youth. 2)Provides that funding for these purposes shall be contingent upon an appropriation in the annual Budget Act. 3)Provides that funds appropriated for these purposes shall be administered by the Board of State and Community Corrections. EXISTING LAW: 1)States that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage AB 1730 Page 2 in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. (Pen. Code § 11165.1, subd. (c)(2). 2)Permits a city, county, or community-based nonprofit organization to establish a multiagency, multidisciplinary family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking, to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety, increase offender accountability, and improve access to services for victims of domestic violence, sexual assault, elder or dependent adult abuse, and human trafficking. (Pen. Code § 13750, subd.(a).) 3)Allows the County of Alameda, contingent upon local funding, to establish a pilot project to develop a comprehensive, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violations of specified prostitution offenses. (Welf. And Inst. Code §18259, subd. (a).) 4)Allows the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to develop, as a component of the specified pilot project, protocols for identifying and assessing minors, upon arrest or detention by law enforcement, who may be victims of commercial sexual exploitation. (Welf. And Inst. Code § 18259, subd. (b).) 5)Specifies that the District Attorney of the County of Alameda, in collaboration with county and community-based agencies that serve commercially sexually exploited minors, may develop, as a component of the pilot project described in this chapter, a diversion program reflecting the best practices to address the needs and requirements of arrested or detained minors who have been determined to be victims of commercial sexual exploitation. (Welf. And Inst. Code §18259, subd. (c).) AB 1730 Page 3 6)Permits the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to form, as a component of the pilot project described in this chapter, a multidisciplinary team including, but not limited to, city police departments, the county sheriff's department, the public defender's office, the probation department, child protection services, and community-based organizations that work with or advocate for commercially sexually exploited minors. (Welf. And Inst. Code § 18259, subd. (d).) 7)Requires the District Attorney of the County of Alameda to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project. (Welf. And Inst. Code § 18259.1.) 8)States that the authorization for the pilot project in Alameda County will expire on January 1, 2017, unless extended by the Legislature. (Welf. And Inst. Code § 18259.5.) 9)Provides that a juvenile convicted of specified offenses related to prostitution may, upon reaching 18 years of age, petition the court to have those convictions sealed without having to demonstrate that they have not been convicted of a felony or of any misdemeanor involving moral turpitude, or that rehabilitation has been attained to the satisfaction of the court. (Pen. Code § 1203.47, subd. (a).) 10)Allows the County of Los Angeles to establish a pilot project to develop a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a violation of specified sexual offenses. (Welf. And Inst. Code §18259.7, subd. (a).) 11)Requires the District Attorney of the County of Los Angeles to submit a report to the Legislature by April 1, 2016 that summarizes the activities of the pilot project. (Welf. And Inst. Code § 18259.7.) 12)States that the authorization for the pilot project in Los Angeles County will expire on January 1, 2017, unless extended AB 1730 Page 4 by the Legislature. (Welf. And Inst. Code §18259.10.) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the FBI, the San Francisco, Los Angeles and San Diego metropolitan areas comprise three of the nation's 13 areas of 'high intensity' child sex trafficking exploitation in the country. "Currently, many child victims of sex trafficking, once removed from the sex trade environment, have only two options for housing: juvenile detention and court-ordered foster care placement. Due to this limited range of options, juvenile detention too often means placement of some duration in juvenile hall. Although the foster care system is building service capacity, it does not have a suitable array of specially-tailored service options for this population. Moreover, in the foster care system, it can take some time to finalize a long-term placement appropriate for child sex trafficking victims, and these victims often need a place to stay immediately after being recovered from their trafficker. "Consequently, there are few facilities around the state that have the comprehensive services necessary to assist in the recovery and care of these child victims. Child sex trafficking victims have specific needs; many have suffered the same level of trauma as a prisoner of war. Without these services, or without a place to go, victims often end up back on the streets with their traffickers. "AB 1730 creates a pilot program that would provide commercially sexually exploited children a safe place to stay with trauma-informed, mental health services that can help them recover and thrive. Other aspects of the pilot program's design criteria will include assessment of the youth victim's AB 1730 Page 5 condition; development and recommendations for permanent placement solutions; staff experienced to work with these victims as well as survivor, peer mentors; and a secure and protective service delivery setting secluded from the victim's trafficking environment, such as a geographically remote location, a staff protective presence, or any combination of strategies intended to protect the victim." 2)Juvenile Probation Department Services: Probation officers are involved throughout juvenile criminal justice proceedings. The probation department may be used at the "front end" of the juvenile justice system for first-time, low-risk offenders or at the "back end" as an alternative to institutional confinement for more serious offenders. The responsibilities of juvenile probation departments include the intake screening of cases referred to juvenile courts, predisposition or presentence investigation of juveniles, and court-ordered supervision of juvenile offenders. Juvenile probation officers investigate and provide information to the court about the juvenile's educational status, family situation, and any risk factors to assist the court in making decisions at every step in the juvenile process. When the court makes orders regarding the conduct of the juvenile, the probation officers are responsible for supervising the juvenile to ensure they follow those orders. The primary goal of the juvenile criminal justice system is rehabilitation of the juvenile. Sentencing by the court and supervision by probation are meant to further that rehabilitative goal. As part of their supervisory responsibilities, the probation officers provide support to the juvenile and their family to help with the process of rehabilitation. That support can take the form of classes, services, or programs offered or facilitated by the probation department. Juvenile victims of human trafficking enter the juvenile justice system when they are arrested for a crime that might, or might not be, related to the fact that they are a victim of human trafficking. To the extent that effective rehabilitation for those juveniles is going to take place, it is important to AB 1730 Page 6 have resources to address the needs of those juveniles as victims of human trafficking. 3)Alameda County Pilot Project: The Legislature has authorized pilot programs in Alameda and Los Angeles Counties to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system. The Alameda County pilot project was authorized under AB 499 (Swanson), Chapter 359, Statutes of 2008, is part of a larger project called "H.E.A.T (Human Exploitation and Trafficking) Watch." H.E.A.T Watch is a multidisciplinary, multisystem program that brings together individuals and agencies from law enforcement, health care, advocacy, victim and support services, the courts, probation agencies, the commercial sector, and the community to (1) ensure the safety of victims and survivors and (2) pursue accountability for exploiters and traffickers. Strategies employed by H.E.A.T. Watch include, among others, stimulating community engagement, coordinating training and information sharing, and coordinating the delivery of victim and support services. The program uses a multisector approach to coordinate the delivery of support services. For example, multidisciplinary case review (modeled on the multidisciplinary team approach) is used to create emergency and long-term safety plans. Referrals for case review are made by law enforcement, prosecutors, probation officials, and social service organizations that have come into contact with these youth. This approach enables members of the multidisciplinary team to share confidential information with agencies that can assist youth in need of services and support. (Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, A Guide for Providers of Victim and Support Services. Institute of Medicine and National Research Council, Pp. 30-31.) In a March 23, 2011 progress report on the AB 499 Diversion Program, the Alameda County District Attorney's Office (ACDAO) stated: "As a result of the passage of AB 499, the ACDAO has AB 1730 Page 7 been able to develop a comprehensive system response that directs Commercially Sexually Exploited Children (CSEC) away from the criminal justice system and into programs offering specialized services essential for the stabilization, safety, and recovery of these vulnerable children. . . . The Legislature authorized the same pilot project for Los Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of 2010.) 4)Labor Trafficking Estimated to be More than Three Times as Large as Sex Trafficking: In 2012, the California Department of Justice published a report about human trafficking in California. The report was compiled by the Attorney General's Human Trafficking Work Group. The Work Group was comprised of representatives of educational institutions, private entities, and a broad spectrum of law enforcement agencies, governmental agencies, victim service providers, and technology companies. Included in the report's findings was an examination of the extent and nature of human trafficking. The report emphasized that labor trafficking was under reported compared to sex trafficking. The report pointed out that labor trafficking was believed to be 3.5 times as prevalent as sex trafficking. (The State of Human Trafficking in California (2012), California Department of Justice, pp. 4, 47.) Given the significance of labor trafficking, consideration should be given to ensure any resources devoted to county probation departments to assist juvenile victims of human trafficking include victims of labor trafficking. 5)Argument in Support: According to San Diego Office of the District Attorney, "University of San Diego and Point Loma Nazarene University released a study that estimates there are anywhere between 8-thousand to 11-thousand victims trafficked each year in San Diego. The study also found our local human trafficking industry generates more than $800-million each year, supporting an underground economy second only to the illegal drug trade. "The study also confirms what our office sees on a daily basis; local criminal gangs are running many of these sex trafficking AB 1730 Page 8 rings. The report states 85% of local sex trafficking is being run by individuals involved in gangs. "AB 1730 will provide the opportunity for the chief probation officer to create a program that will provide specific services to youth affected by this criminal enterprise. The program could also include physical and mental health assessments for the young victims, and counseling services to deal with trauma and stigma of being a victim of human trafficking. Peer mentors may be utilized in the design and provision of service delivery. This program may also provide plans for protection of the victim away from the trafficking environment. These provisions are innovative, and will serve a very specific victim that current, local services may not be able to reach." 6)Related Legislation: AB 1731 (Atkins), creates 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 will be heard in this committee today. 7)Prior Legislation: a) AB 1623 (Atkins), Chapter 85, Statutes of 2014, authorizes a local government or nonprofit organization to establish a family justice center to assist specified types of crime victims, including victims of human trafficking. b) AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the pilot program in Alameda County until January 1, 2017 (Please see (d)). c) SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually AB 1730 Page 9 exploited minors within the juvenile justice system. d) AB 499 (Swanson), Chapter 359, Statutes of 2008, established a pilot project in Alameda County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system. REGISTERED SUPPORT / OPPOSITION: Support California Public Defenders Association California Statewide Law Enforcement Association Fraternal Order of Police, California State Lodge San Diego County Office of the District Attorney State Coalition of Probation Organizations Opposition None Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744