BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1730


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          Date of Hearing:  April 6, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1730 (Atkins) - As Introduced January 28, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes the chief probation officer of a county to  
          create a program to provide services to youth within the county  
          relating to the commercial sexual exploitation of youth.   
          Funding for the program is contingent upon an appropriation in  
          the annual Budget Act, to be administered by the Board of State  
          and Community Corrections.  
          
          FISCAL EFFECT:








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          Unknown General Fund Budget pressure in the hundreds of  
          thousands of dollars to create and properly staff programs at  
          the county level to provide wraparound services to sexually  
          exploited youth.  


          COMMENTS:


          1)Background.  Current law 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 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.  Current law also  
            allows local agencies to human trafficking, to ensure that  
            victims are able to access all needed services in one location  
            in order to enhance victim safety.  


            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 victims of human trafficking enter the juvenile  
            justice system when they are arrested for a crime that might,  








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            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 have resources to address the needs of those  
            juveniles as victims of human trafficking.  


            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.


          2)Purpose.  According to the author, "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." 



          Subject to funding in the Budget Act, AB 1730 creates a 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.  The program's  
            design criteria will include assessment of the youth victim's  
            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.
          3)Support:  According to San Diego Office of the District  








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            Attorney, "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."


          4)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.

          5)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 








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          would provide a protocol for law enforcement and social services  
          to assess and recognize sexually exploited minors within the  
          juvenile justice system.




          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081