BILL ANALYSIS Ó AB 1730 Page 1 ASSEMBLY THIRD READING AB 1730 (Atkins and Eggman) As Amended May 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | | | | | | | | | | | |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ AB 1730 Page 2 SUMMARY: Directs the Board of State and Community Corrections (BSCC) to establish a pilot project in the Counties of Sacramento, San Diego, and Santa Clara, if the county elects to participate, to provide services to youth within the county relating to the commercial sexual exploitation of youth. Specifically, this bill: 1)Directs the BSCC to establish a pilot project in the Counties of Sacramento, San Diego, and Santa Clara, if the county elects to participate, to provide services to youth within the county to address the need for services relating to the commercial sexual exploitation of youth. 2)Specifies that the chief probation officer of the respective counties shall create the program to provide services to youth within the county related to commercial sexual exploitation. 3)Requires programs receiving funding pursuant to this bill to be licensed by the State Department of Social Services. 4)Provides that funding for the pilot projects shall be contingent upon an appropriation in the annual Budget Act. 5)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 in, prostitution or a live performance involving obscene AB 1730 Page 3 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. 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. 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. 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. 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 AB 1730 Page 4 exploitation. 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. 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. 8)States that the authorization for the pilot project in Alameda County will expire on January 1, 2017, unless extended by the Legislature. 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. 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. AB 1730 Page 5 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. 12)States that the authorization for the pilot project in Los Angeles County will expire on January 1, 2017, unless extended by the Legislature. FISCAL EFFECT: According to the Assembly Appropriations Committee, 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: According to the author, "Human trafficking is modern day slavery and, unfortunately, this crime is growing rapidly in our state. According to the Federal Bureau of Investigation, 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. AB 1730 Page 6 "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 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." Analysis Prepared by: David Billingsley/ PUB. S. / (916) 319-3744 FN: 0003157 AB 1730 Page 7