BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1730


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          GOVERNOR'S VETO


          AB  
          1730 (Atkins and Eggman)


          As Enrolled  September 9, 2016


          2/3 vote


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          |ASSEMBLY:  |80-0  |(June 1, 2016) |SENATE: |39-0  |(August 31,      |
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          |ASSEMBLY:  |78-0  |(August 31,    |        |      |                 |
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          Original Committee Reference:  PUB. S.


          SUMMARY:  Directs the Board of State and Community Corrections  
          (BSCC) to establish a pilot project in up to four counties that  
          elect to participate in the pilot project and would authorize  
          the Counties of Sacramento, San Diego, San Joaquin, and Santa  








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          Clara to elect to participate in the pilot project.  The county  
          programs established under the pilot project would provide  
          services to youth within the county relating to the commercial  
          sexual exploitation of youth.  The pilot project has a sunset  
          date of January 1, 2022. 


          The Senate amendments:


          1)Establish a sunset date of January 1, 2022.
          2)State that a participating county may determine whether the  
            probation department, the county child welfare agency, or both  
            the probation department and the county child welfare agency  
            shall create and operate a program funded by the pilot  
            project.


          3)Include San Joaquin County in the counties authorized to  
            participate in the pilot project.


          4)Require a county that establishes a pilot program to conduct  
            at least one evaluation of the program's impact and  
            effectiveness and submit the evaluation to BSCC.


          5)Specify that pilot project programs shall use facilities that  
            are licensed by the State Department of Social Services.


          6)Delete findings and declarations.


          7)Make technical, non-substantive changes.


          EXISTING LAW:  









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          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  
            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.








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          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  
            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  








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            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. 


          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.  


          AS PASSED BY THE ASSEMBLY, this bill:  


          1)Directed 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)Specified 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)Required programs receiving funding pursuant to this bill to  
            be licensed by the State Department of Social Services.  


          4)Provided that funding for the pilot projects shall be  








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            contingent upon an appropriation in the annual Budget Act.


          5)Provided that funds appropriated for these purposes shall be  
            administered by the Board of State and Community Corrections.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)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  
            Department of Social Services.  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.


          2)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. 


          3)Department of Social Services:  Likely minor and absorbable  








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            impact. 


          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.


          "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  








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          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."


          Please see the policy committee analysis for a full discussion  
                          of this bill.


          GOVERNOR'S VETO MESSAGE:


          I am returning Assembly Bill 1730 without my signature.


          This bill authorizes a pilot project in four counties to provide  
          services for youth victims of commercial sex trafficking  
          contingent upon an appropriation in the state budget.


          There are numerous federal, state and local efforts underway to  
          combat commercial sexual exploitation of children.  In this  
          year's budget, the state provided $19 million to fund the  
          development of trafficking prevention and intervention services.  
           Establishing a new pilot program in this area should be  
          considered in the budget process.




          Analysis Prepared by:                                             
                          David Billingsley / PUB. S. / (916) 319-3744   
          FN: 0005080










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