BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1730 (Atkins) - Human trafficking: minors ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 1, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 AB 1730 (Atkins) Page 1 of ? 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. AB 1730 (Atkins) Page 2 of ? 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, AB 1730 (Atkins) Page 3 of ? 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 AB 1730 (Atkins) Page 4 of ? 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 AB 1730 (Atkins) Page 5 of ? 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 AB 1730 (Atkins) Page 6 of ? in ongoing funding over the budgeted $14 million General Fund in program funding. -- END --