BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1730       Hearing Date:    June 21, 2016    
          
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          |Author:    |Atkins                                               |
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          |Version:   |May 27, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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               Subject:  Human Trafficking:  Pilot Program for Minors



          HISTORY

          Source:   Author

          Prior Legislation:None

          Support:  California Public Defenders Association; California  
                    Statewide Law Enforcement Association; County of San  
                    Diego; Fraternal Order of Police; Los Angeles  
                    Professional Peace Officers Association; San Diego  
                    County Board of Supervisors; San Diego County District  
                    Attorney; State Coalition of Probation Organizations

          Opposition:None known

          Assembly Floor Vote:                 80 - 0


          PURPOSE

          The purpose of this bill is to require the Board of State and  
          Community Corrections to establish pilot projects in three  
          specified counties to address the need for services relating to  
          the commercial sexual exploitation of youth, as specified.









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          Current law establishes the "Board of State and Community  
          Corrections" ("BSCC"), as specified.  (Penal Code § 6024.)   
          Current law provides the following mission for the BSCC:

               The mission of the board shall include providing  
               statewide leadership, coordination, and technical  
               assistance to promote effective state and local  
               efforts and partnerships in California's adult and  
               juvenile criminal justice system, including addressing  
               gang problems.  This mission shall reflect the  
               principle of aligning fiscal policy and correctional  
               practices, including, but not limited to prevention,  
               intervention, suppression, supervision, and  
               incapacitation, to promote a justice investment  
               strategy that fits each county and is consistent with  
               the integrated statewide goal of improved public  
               safety through cost-effective, promising, and  
               evidence-based strategies for managing criminal  
               justice populations.  (Penal Code § 6024(b).)

          This bill would require the BSCC to "establish a pilot project  
          in each of the Counties of Sacramento, San Diego, and Santa  
          Clara, in which, if the county elects to participate in the  
          pilot project, the chief probation officer of the county shall  
          create a program to provide services to youth within his or her  
          jurisdiction that addresses the need for services relating to  
          the commercial sexual exploitation of youth."

          This bill would require that programs receiving funding for this  
          project "be licensed by the State Department of Social Services  
          and may include, but shall not be limited to, programs that do  
          the following:

             (1)  Assess the youth victim's condition, including a review  
               of the extent of trauma suffered, physical and mental  
               health, and the status of age-appropriate developmental  
               factors, such as educational status.


             (2)  Serve exploited youth in a services-rich environment,  
               including trauma-informed counseling services.


             (3)  Research options, make recommendations, and work to find  









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               solutions to provide specialized services and permanent  
               placement solutions for the youth.


             (4)  Provide staff who are trained to work with, and  
               experienced in working with, child sex trafficking victims.


             (5)  Include peer mentors in the design and provision of  
               service delivery.

          This bill contains uncodified legislative findings and  
          declarations concerning human trafficking and the commercial  
          sexual exploitation of children in the United States, as  
          specified.   

                     RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  









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          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.Stated Need for This Bill

          The author states:

               Human trafficking is modern day slavery and,  
               unfortunately, this crime is growing rapidly in our  









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               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 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.  










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          2.Background: Probation 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 have resources to address the needs of  
          those juveniles as victims of human trafficking.  

          3.Background: Alameda and Los Angeles Pilot Projects

          The Legislature has authorized pilot programs in Alameda  
          and Los Angeles Counties to create, implement, and deliver  









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          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 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 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.  . . .  









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          The Legislature authorized the same pilot project for Los  
          Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of  
          2010.)  The sunsets for these programs would be eliminated  
          under SB 1064 (Hancock), currently pending in the Assembly.

          4.Background: Commercial Sexual Exploitation of Minors

          Addressing the treatment of children who engage in acts of  
          prostitution has been an issue policy makers have been  
          examining closely in recent years.  Earlier this year this  
          Committee passed SB 1322 (Mitchell), which would  
          decriminalize prostitution committed by minors.  That bill  
          is pending in the Assembly.  

          As explained in this Committee's analysis of SB 1322,  
          recent years have seen a great increase in awareness of and  
          concerns about minors - most often girls - engaged in  
          commercial sex activities.  Organized, coerced trafficking  
          has received the most attention.  Sex trafficking has been  
          described as sexual slavery.  Trafficked minors are  
          isolated, controlled by and made dependent on their  
          exploiters, and can even be perversely loyal because of the  
          manufactured dependency. 

          A 2013 report on commercial sexual exploitation of minors  
          published by the Institute of Medicine (supported by a  
          grant between the National Academy of Sciences and the U.S.  
          Department of Justice) concluded in part:

               It is important to understand that commercial sexual  
               exploitation and sex trafficking of minors are  
               manifestations of child abuse. By doing so, one can  
               gather valuable insights from the nation's work on  
               child abuse and neglect over the past several decades  
               and gain a better understanding of the challenges that  
               must be overcome to confront these crimes. . . . 

               This report reveals that the complex needs of these  
               young people are not being adequately met by either  
               criminal justice or child protection systems. Further,  
               mandatory reporting of suspected cases will not help  
               these youth if the resources they need are  
               unavailable. It is time to refocus the perspective on  









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               these problems and direct efforts toward preventing  
               commercial sexual exploitation and sex trafficking of  
               minors; identifying youth at risk and those who have  
               become ensnared; and developing effective, evidence-  
               and trauma-informed approaches that can enable them to  
               reclaim their lives.

               . . .  The committee's ultimate goals in this report  
               are to identify what is known about commercial sexual  
               exploitation and sex trafficking of minors and to  
               define strategies for improving prevention and  
               identification of and interventions for victims and  
               survivors of these crimes. As noted in Chapter 1, the  
               committee was guided in its work by three principles:

                1.      Commercial sexual exploitation and sex  
                  trafficking of minors should be understood as acts  
                  of abuse and violence against children and  
                  adolescents.

                2.      Minors who are commercially sexually  
                  exploited or trafficked for sexual purposes should  
                  not be considered criminals.

                3.      Identification of victims and survivors and  
                  any intervention, above all, should do no further  
                  harm to any child or adolescent.<1>

          This report included the following recommendation:

               All national, state, local, tribal, and territorial  
               jurisdictions should develop laws and policies that  
               redirect young victims and survivors of commercial  
               sexual exploitation and sex trafficking from arrest  
               and prosecution as criminals or adjudication as  
               delinquents to systems, agencies, and services that  
               are equipped to meet their needs. Such laws should  
               apply to all children and adolescents under age 18. 

               ----------------------
          <1>   IOM (Institute of Medicine) and NRC (National Research  
          Council). 2013. Confronting commercial sexual exploitation and  
          sex trafficking of minors in the United States. Washington, DC:  
          The National Academies Press.









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               Drawing on its analysis of federal, state, tribal, and  
               local laws and their application . . . , as well as  
               new understandings of adolescent development . . . ,  
               the committee concluded that current laws are  
               inadequate to prevent, identify, and respond to  
               commercial sexual exploitation and sex trafficking of  
               minors. Therefore, the committee urges states and  
               local, tribal, and territorial jurisdictions to  
               develop laws that, at a minimum,

               "         prevent commercially sexually exploited  
                    children and adolescents from being arrested or  
                    prosecuted for prostitution;

               "         provide victims and survivors of commercial  
                    sexual exploitation and sex trafficking of minors  
                    with needed support services; and

            "      apply to children and adolescents at least up to  
                 age 18.

               These laws will need to be evaluated over time to  
               determine best practices. Further, laws and practices  
               that divert victims from the criminal or juvenile  
               justice system to the child welfare system to receive  
               supportive services could include older adolescents  
               (over age 18) who have been victims of commercial  
               sexual exploitation or sex trafficking since  
               childhood. The committee believes a number of other  
               recent legislative initiatives may also merit further  
               consideration, with care being taken to avoid adverse  
               consequences for victims and survivors while  
               maintaining strong penalties for exploiters. These  
               initiatives include decriminalization of prostitution  
               for minors in recognition that they are victims, not  
               criminals. . . . . (emphasis in original)<2> 

          1.Suggested Consideration

          As currently drafted the bills specifies the counties that  
          could conduct the pilot programs the bill proposes.  The  
          author may wish to consider making this a competitive  


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          <2> Id.








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          grant, open to counties wishing to apply.

          6.   Amendments

          The author offers the following amendments to be taken in  
          Committee:

                 Add the following evaluation component for the  
               pilot created by this bill:  

                 A county that establishes a pilot program pursuant  
                 to this section shall conduct an evaluation of its  
                 impact and effectiveness. The evaluation shall  
                 include, but not be limited to, monitoring the  
                 program's effect on youth being served, if any, and  
                 its effectiveness with respect to program  
                 participants, including outcome-related data for  
                 program participants compared to youth who do not  
                 participate in the pilot.   

                 Permit participating counties the flexibility to  
               decide if the county foster care or probation agency  
               or both would participate in the pilot.

                 State that the intent of the pilot is to test a  
               service model which would produce improved outcomes  
               youth victims of trafficking.
         
                 Add a 5-year sunset.

                 Delete the findings and declarations contained in  
               Section one.



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