BILL ANALYSIS Ó AB 1731 Page 1 Date of Hearing: March 1, 2016 Counsel: David Billingsley ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bill Quirk, Chair AB 1731 (Atkins) - As Introduced January 28, 2016 SUMMARY: Creates 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. Specifically, this bill: 1)Creates the Statewide Interagency Human Trafficking Task Force consisting of representatives from the following agencies: a) The Department of Justice; b) The State Department of Social Services; c) The Children and Family Services Division of the State Department of Social Services; d) The Labor and Workforce Development Agency; e) The State Department of Public Health; AB 1731 Page 2 f) The Department of Corrections and Rehabilitation; g) The State Department of Education; and h) The Judicial Council. 2)Directs the Statewide Interagency Human Trafficking Task Force to do the following: a) Gather statewide data on sex and labor traffickers, sex buyers, and human trafficking victims, including statistics on prosecution of offenders as well as services provided to victims, including commercially sexually exploited children. b) Recommend interagency protocols and best practices for training and outreach to the law enforcement community, victim service providers, and other state or private sector employees likely to encounter sex trafficking, such as educators and hotel workers. c) Evaluate and implement approaches to increase public awareness about human trafficking and make new recommendations on these approaches. EXISTING LAW: 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. (Penal Code § 11165.1(c)(2).) 2)States that any person who deprives or violates the personal AB 1731 Page 3 liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (Pen. Code § 236.1, subd. (a).) 3)Specifies that any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of specified sex offenses, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than five hundred thousand dollars ($500,000). (Pen. Code § 236.1, subd. (b).) 4)Provides that any person who causes or persuades, or attempts to cause or persuade, a person who is a minor to engage in a commercial sex act, with the intent to effect a violation of specified sex offenses is guilty of human trafficking. A violation of this subdivision is punishable by imprisonment in the state prison as follows: a) Five, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (Pen. Code § 236.1, subd. (c)(1).) b) Fifteen years to life and a fine of not more than five hundred thousand dollars ($500,000) when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (Pen. Code § 236.1, subd. (c)(2).) 5)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. (Welf. And Inst. Code § 18259, subd. (b).) 6)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 AB 1731 Page 4 a component of the specified pilot project, 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. (Welf. And Inst. Code § 18259, subd. (c).) 7)Permits the District Attorney of the County of Alameda, in collaboration with county and community-based agencies, to form, as a component of the specified pilot project, 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. (Welf. And Inst. Code § 18259, subd. (d).) 8)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. (Welf. And Inst. Code § 18259.1.) 9)States that the authorization for the pilot project in Alameda County will expire on January 1, 2017, unless extended by the Legislature. (Welf. And Inst. Code § 18259.5.) 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. (Welf. And Inst. Code § 18259.7, subd. (a).) 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. (Welf. And Inst. Code § 18259.7.) 12)States that the authorization for the pilot project in Los Angeles County will expire on January 1, 2017, unless extended by the Legislature. (Welf. And Inst. Code § 18259.10.) AB 1731 Page 5 FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "California remains at the forefront in the fight against human trafficking and will continue to do so. Yet, there is not currently a statewide entity working to coordinate the efforts of all the relevant state agencies, to collect and analyze multi-faceted human trafficking data from around the state, and to increase awareness about human trafficking so that members of the public know how to identify and report human trafficking. "AB 1731 creates such an entity, the California Interagency Human Trafficking Task Force, with specific mandates for the above-described action. As the fight against human trafficking evolves in our state, the Task Force can evolve with it, and future legislation can mandate further action. "This statewide task force will be comprised of representatives from state agencies involved in law enforcement, social services, child welfare, labor, public health, and corrections and rehabilitation, education, and the courts." 2)California Regional Task Forces on Human Trafficking: In 2004 and 2005, the U.S. Department of Justice awarded grants to create six regional task forces in California to combat human trafficking. In 2009 and 2010, the California Emergency Management Agency used American Recovery and Reinvestment Act grant funds to supplement the original six task forces and establish three new regional task forces. As part of their work to combat human trafficking, the task forces provide training to a variety of audiences on how to identify and respond to the crime. From mid-2010 to mid-2012, California's task forces provided training to 25,591 law enforcement personnel, prosecutors, victim service providers, and other first responders. ( https://oag.ca.gov/human-trafficking/fighting ) AB 1731 Page 6 The nine regional task forces are: East Bay Human Trafficking Task Force Fresno Coalition Against Human Trafficking Los Angeles Metro Area Task Force on Human Trafficking North Bay Human Trafficking Task Force Orange County Human Trafficking Task Force Riverside County Anti-Human Trafficking Task Force Sacramento Innocence Lost Task Force San Diego North County Anti-Human Trafficking Task Force San Jose/South Bay Human Trafficking Task Force. The regional task forces are comprised of various combinations of local law enforcement agencies district and non-profits with expertise on issues involving human trafficking. 3)Multisector and Interagency Initiatives to Address Trafficking: In 2013, the Institute of Medicine and the National Research Council prepared a guide for providers of victim services for minors that had been trafficked. The guide pointed out that each of the sectors involved in addressing commercial sexual exploitation and sex trafficking of minors-victim and support services, health care, education, the legal sector, and the commercial sector-has specific roles to play. Adequate responses to trafficking of minors requires collaboration and coordination among all of these sectors, as well as at all levels-federal, state, and local. Yet the efforts of individuals, groups, and organizations in different sectors and with different areas of expertise tend to be disconnected. (Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, A Guide for Providers of Victim and Support Services, Institute of Medicine and National Research Council, pp. 26-27.) The Institute of Medicine and the National Research Council recommended the use multisector and interagency initiatives to address commercial sexual exploitation and sex trafficking of minors. The guide identified existing task forces on the federal level (Trafficking Victims Protection Act (2013)), as effective mechanisms to coordinate responses between agencies. (Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, A Guide for AB 1731 Page 7 Providers of Victim and Support Services, Institute of Medicine and National Research Council, p.27.) 4)Alameda County Pilot Project: The pilot project authorized under AB 499 (Swanson), Chapter 359, Statutes of 2008, falls within the East Bay Human Trafficking Task Force. The pilot project is a component of "H.E.A.T (Human Exploitation and Trafficking) Watch." H.E.A.T Watch is a multidisciplinary, multisystem program that brings together individuals and agencies from law enforcement, health care, advocacy, victim and support services, the courts, probation agencies, the commercial sector, and the community to (1) ensure the safety of victims and survivors and (2) pursue accountability for exploiters and traffickers. Strategies employed by H.E.A.T. Watch include, among others, stimulating community engagement, coordinating training and information sharing, and coordinating the delivery of victim and support services. The program uses a multisector approach to coordinate the delivery of support services. For example, multidisciplinary case review (modeled on the multidisciplinary team approach) is used to create emergency and long-term safety plans. Referrals for case review are made by law enforcement, prosecutors, probation officials, and social service organizations that have come into contact with these youth. This approach enables members of the multidisciplinary team to share confidential information with agencies that can assist youth in need of services and support. (Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States, A Guide for Providers of Victim and Support Services. Institute of Medicine and National Research Council, pp. 30-31.) In a March 23, 2011 progress report on the AB 499 Diversion Program, the Alameda County District Attorney's Office (ACDAO) stated: "As a result of the passage of AB 499, the ACDAO has been able to develop a comprehensive system response that directs Commercially Sexually Exploited Children (CSEC) away from the criminal justice system and into programs offering specialized services essential for the stabilization, safety, and recovery of these vulnerable children. AB 1731 Page 8 The Legislature authorized a similar pilot project for Los Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of 2010.) 5)Argument in Support: According to The California Statewide Law Enforcement, ". . . ,we strongly support AB 1731 (Atkins), which creates the Statewide Interagency Human Trafficking Task Force consisting of the Department of Justice, the Department of Corrections and Rehabilitation and other agencies. "AB 1731 allows the various state agencies to gather data and recommend protocols and best practices for training and outreach to law enforcement, victim service providers, and others. By collaborating on best practices, law enforcement and community partners will be better equipped to handle cases and encounters with human trafficking." 6)Related Legislation: AB 1730 (Atkins), authorizes the chief probation officer of a county to create a program to provide services to youth within the county that address the need for services relating to the commercial sexual exploitation of youth. AB 1730 will be heard in this committee today. 7)Prior Legislation: a) AB 1623 (Atkins), Chapter 85, Statutes of 2014, authorizes a local government or nonprofit organization to establish a family justice center to assist specified types of crime victims, including victims of human trafficking. b) SB 1279 (Pavley), Chapter 116, Statutes of 2010, established a pilot project in Los Angeles County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system. c) AB 499 (Swanson), Chapter 359, Statutes of 2008, AB 1731 Page 9 established a pilot project in Alameda County to create, implement, and deliver standardized training curricula that would provide a protocol for law enforcement and social services to assess and recognize sexually exploited minors within the juvenile justice system. d) AB 22 (Lieber), Chapter 240, Statutes of 2005, created California's first legislatively mandated human trafficking taskforce which dissolved after the release of its report in 2007. REGISTERED SUPPORT / OPPOSITION: Support California Statewide Law Enforcement Association Fraternal Order of Police, California State Lodge State Coalition of Probation Organizations Opposition None Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744