BILL ANALYSIS Ó AB 1730 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1730 (Atkins) - As Introduced January 28, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: AB 1730 Page 2 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, AB 1730 Page 3 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 AB 1730 Page 4 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 AB 1730 Page 5 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