BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1730|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 1730
Author: Atkins (D)and Eggman (D), et al.
Amended: 8/25/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote
SUBJECT: Human trafficking: minors
SOURCE: Author
DIGEST: This bill requires the Board of State and Community
Corrections to establish a five-year pilot project to provide
services to youth that address the need for services relating to
the commercial exploitation of youth in up to 4 counties, to be
funded contingent upon an appropriation in the annual Budget
Act. The bill specifies that the counties that may elect to
participate in the pilot project are Sacramento, San Diego, San
Joaquin and Santa Clara.
Senate Floor Amendments of 8/25/16 specify that the counties
that may elect to participate in the pilot project are
Sacramento, San Diego, San Joaquin and Santa Clara. The
amendments make additional, essentially technical changes to the
bill.
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ANALYSIS:
Existing law:
1)Establishes the "Board of State and Community Corrections"
("BSCC"), as specified. (Penal Code § 6024.)
2)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:
1)Requires the BSCC to establish a pilot project in up to 4
counties that elect to participate in the pilot project, and
specifies that the counties that may elect to participate in
the pilot project are Sacramento, San Diego, San Joaquin and
Santa Clara.
2)Provides that a program funded by the pilot shall provide
services to youth within each county's jurisdiction that
address the need for services relating to the commercial
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sexual exploitation of youth
3)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.
4)Specifies that participating counties 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.
5)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 (CDSS). Programs that
receive funding may include, but shall not be limited to,
programs that do the following:
a) 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.
b) Serve exploited youth in a services-rich environment,
including trauma-informed counseling services.
c) Research options, make recommendations, and work to find
solutions to provide specialized services and permanent
placement solutions for the youth.
d) Provide staff who are trained to work with, and
experienced in working with, child sex trafficking victims.
e) Include peer mentors in the design and provision of
service delivery.
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f) 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.
6)Requires a county that elects to participate in the pilot
program and establishes a 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 a program funded by the pilot
project. The county is required to submit the evaluation to
the BSCC.
7)Provides that 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.
8)Repeals the bill's provisions on January 1, 2022, unless a
later enacted statute deletes or extends that date.
Background
Addressing the treatment of children who engage in acts of
prostitution has been an issue policy makers have been examining
closely in recent years. There has been 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,
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and can even be perversely loyal because of the manufactured
dependency.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
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
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.
DCSS: Likely minor and absorbable impact.
SUPPORT: (Verified8/24/16)
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Association of Orange County Deputy Sheriffs
California Public Defenders Association
California Statewide Law Enforcement Association
County of San Diego
Fraternal Order of Police
Long Beach Police Officers Association
Los Angeles Professional Peace Officers Association
Sacramento County Deputy Sheriffs' Association
San Diego County Board of Supervisors
San Diego County District Attorney
State Coalition of Probation Organizations
OPPOSITION: (Verified8/24/2016)
None received
ASSEMBLY FLOOR: 80-0, 6/1/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
Prepared by:Alison Anderson / PUB. S. /
8/30/16 19:57:03
**** END ****
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