BILL ANALYSIS Ó AB 1730 Page 1 GOVERNOR'S VETO AB 1730 (Atkins and Eggman) As Enrolled September 9, 2016 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: |80-0 |(June 1, 2016) |SENATE: |39-0 |(August 31, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(August 31, | | | | | | |2016) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 1730 Page 2 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: AB 1730 Page 3 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. AB 1730 Page 4 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 AB 1730 Page 5 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 AB 1730 Page 6 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 AB 1730 Page 7 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 AB 1730 Page 8 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 AB 1730 Page 9