BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1730


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          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  








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            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).)









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          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  








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            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  








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            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  








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            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  








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            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  








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            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  








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               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