BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1730 (Atkins) - Human trafficking:  minors
          
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          |Version: August 1, 2016         |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          Bill  
          Summary:  AB 1730 would require the Board of State and Community  
          Corrections (BSCC) to establish a five-year pilot project, to be  
          funded contingent upon an appropriation in the annual Budget  
          Act, in each of three specified counties to provide services to  
          youth that address the need for services relating to the  
          commercial exploitation of youth.


          Fiscal  
          Impact:  
            Three-county pilot project :  Potential major future costs in  
            the millions of dollars (General Fund) for the five-year pilot  
            project, which would be contingent upon an appropriation in  
            future annual Budget Acts, to fund programs and activities  
            operated by county probation departments and/or child welfare  
            agencies. To the extent the counties elect to have their child  
            welfare services agencies participate in the pilot, the funds  
            would appear to be an augmentation over the funding provided  
            annually for the Commercially Sexually Exploited Children  
            (CSEC) Program, which is administered by the DSS. The Budget  
            Act of 2016 includes an augmentation of $5 million General  







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            Fund beginning in 2016-17, for a total of $19 million General  
            Fund annually, to support this program. Currently, 38  
            counties, including the pilot counties, elect to participate  
            in the program. 
            BSCC  :  One-time minor costs (General Fund) to establish and  
            administer the pilot projects in Sacramento, San Diego, and  
            Santa Clara counties, should they elect to participate.  
            Potential future cost pressure (General Fund) to review pilot  
            evaluations. Evaluations are to be submitted by pilot counties  
            to the BSCC, however, the BSCC is not required to review,  
            evaluate, or submit a consolidated report to the Legislature. 
            Department of Social Services  :  Likely minor and absorbable  
            impact. 


          Background:  Existing law establishes the federal and state Commercially  
          Sexually Exploited Children (CSEC) Program, administered by the  
          Department of Social Services (DSS), to provide prevention,  
          intervention, services, and training for CSEC activities.  
          Counties that elect to participate in state CSEC activities  
          receive funding for specialized services for the CSEC  
          population. (Welfare and Institutions Code §§ 16524.7-16524.10.)  

          A county electing to receive funding from the CSEC Program is  
          required to submit a plan to the DSS describing how the county  
          intends to utilize the funds to be allocated. The county plan is  
          required to include documentation indicating the county's  
          collaboration with county partner agencies and children-focused  
          entities, which must include the formation of a  
          multidisciplinary team to serve children. 

          Each county electing to receive funds from the CSEC Program is  
          additionally required to develop an interagency protocol to be  
          utilized in serving sexually exploited children, to be developed  
          by a team led by a representative of the county human services  
          department and must include representatives from county  
          probation, county mental health, county public health  
          department, the juvenile court. The team may also include, but  
          shall not be limited to, representatives from local education  
          agencies, local law enforcement, survivors of sexual  
          exploitation and trafficking, and other providers as necessary.











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          Proposed Law:  
           This bill would require the BSCC to establish a pilot project  
          in each of the Counties of Sacramento, San Diego, and Santa  
          Clara to create a program to provide services to youth within  
          each county's jurisdiction that addresses the need for services  
          relating to the commercial sexual exploitation of youth.  
          Specifically, this bill:
                 Provides that the purpose of the pilot project is to  
               test a service model that would produce improved outcomes  
               for youth victims of human trafficking. 


                 Specifies that each county that elects to participate in  
               the pilot project may determine whether that county's  
               probation department or county child welfare agency, or  
               both the county probation department and the county child  
               welfare agency, shall participate in the pilot project.


                 Requires the programs that receive funding to utilize,  
               for purposes of the program, only facilities that are  
               licensed by the State Department of Social Services.  
               Programs that receive funding may include, but shall not be  
               limited to, programs that do the following:


                  o         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.


                  o         Serve exploited youth in a services-rich  
                    environment, including trauma-informed counseling  
                    services.


                  o         Research options, make recommendations, and  
                    work to find solutions to provide specialized services  
                    and permanent placement solutions for the youth.


                  o         Provide staff who are trained to work with,  








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                    and experienced in working with, child sex trafficking  
                    victims.


                  o         Include peer mentors in the design and  
                    provision of service delivery.


                  o         Provide a plan for how to structure a  
                    protective setting secluded from the victim's  
                    trafficking environment, which could include  
                    strategies such as a geographically remote location,  
                    staff protective presence, delayed egress, or any  
                    combination of strategies intended to protect the  
                    victim.


                 Requires a county that establishes a pilot program to  
               conduct at least one evaluation of the program's 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. The county is required to submit  
               the evaluation to the BSCC.


                 Provides that the pilot projects shall be funded  
               contingent upon an appropriation in the annual Budget Act.  
               Requires funds appropriated for these purposes to be  
               administered by the BSCC.


                 Repeals the bill's provisions on January 1, 2022, unless  
               a later enacted statute deletes or extends that date.




          Related  
          Legislation:  SB 826 (Committee on Budget and Fiscal Review)  
          Chapter 23/2016, the Budget Act of 2016, among its numerous  
          provisions, appropriates $14 million General Fund to support the  








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          CSEC program. 
          SB 1322 (Mitchell) 2016 would prohibit a minor from being  
          arrested for a prostitution offense, as specified, and would  
          provide that a commercially exploited child pursuant to the  
          bill's provisions may be adjudged a dependent child of the  
          court, as specified, and may be taken into temporary custody if  
          the conditions allowing temporary custody without warrant are  
          met. SB 1322 has been ordered to Third Reading on the Assembly  
          Floor.


          SB 1064 (Hancock) 2016 would eliminate the sunset date on the  
          discretionary Sexually Exploited Minors Pilot Project in Alameda  
          and Los Angeles Counties, to operate indefinitely. SB 1064 would  
          expand the definition of "commercially sexually exploited minor"  
          served by the program to include, among others, minors who have  
          been adjudged dependents of the juvenile court. SB 1064 has been  
          ordered to Third Reading on the Assembly Floor.


          AB 1675 (Stone) 2016 would require a probation officer, in a  
          case in which a minor is alleged to have committed the crime of  
          solicitation, prostitution, or loitering with the intent to  
          commit prostitution, to provide informal supervision for the  
          minor, instead of requesting that the prosecutor file a petition  
          declaring the minor to be a ward of the juvenile court. AB 1675  
          is scheduled to be heard today by this Committee.


          AB 1731 (Atkins) 2016 would create 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 is scheduled to be heard today by this  
          Committee.


          AB 1760 (Santiago) 2016 would have directed a peace officer who  
          determines that a minor is a victim of human trafficking to  
          report such abuse, consult with a child welfare worker about a  
          safe placement for the minor, and transport the minor to such  








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          placement, unless the minor is otherwise arrested. AB 1760 was  
          held on the Suspense File of the Assembly Appropriations  
          Committee.


          AB 2723 (Chavez) 2016 would expand the population of children  
          eligible to be adjudged dependents of the juvenile court to  
          include a child who solicits or engages in any act of  
          prostitution or loiters in a public place with the intent to  
          commit prostitution, as specified. AB 2723 is pending hearing in  
          this Committee.


          Prior Legislation:  SB 855 (Committee on Budget and Fiscal  
          Review) Chapter 29/2014 established the CSEC program, and  
          authorized annual state funding for county agencies electing to  
          participate in the program to provide services to child victims  
          of commercial sexual exploitation.


          SB 794 (Committee on Human Services) Chapter 425/2015 provided  
          for numerous amendments to state law intended to seek compliance  
          with the federal Preventing Sex Trafficking and Strengthening  
          Families Act (P.L. 113-183), as specified. 


          Staff  
          Comments:  The cost to support a five-year pilot project in the  
          Counties of Sacramento, San Diego, and Santa Clara to provide  
          services to commercially exploited youth would be dependent on  
          the amount of the appropriation provided in the annual Budget  
          Act, which is unknown, but could be in the millions of dollars  
          over the duration of the pilot. This bill authorizes the pilot  
          counties to determine whether the probation department, the  
          county child welfare agency, or both entities are to participate  
          in the pilot project. Staff notes that should the pilot counties  
          elect to have the child welfare agency participate in the pilot,  
          any appropriated funding would appear to be an augmentation over  
          the existing budgeted funds for the CSEC program ($19 million  
          General Fund), as each of the pilot counties specified in this  
          measure are currently CSEC participating counties.
          The advocacy proposal requesting a $19.7 million General Fund  
          augmentation in the budget to serve CSEC victims ultimately  
          resulted in a conference compromise of an additional $5 million  








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          in ongoing funding over the budgeted $14 million General Fund in  
          program funding.




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