BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1731       Hearing Date:    June 21, 2016    
          
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          |Author:    |Atkins                                               |
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          |Version:   |May 27, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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              Subject:  Human Trafficking:  Statewide Interagency Human  
 
                               Trafficking Task Force



          HISTORY

          Source:   Author

          Prior Legislation:None

          Support:  Association of Orange County Deputy Sheriffs;  
                    California Attorney General; California Statewide Law  
                    Enforcement Association; Crime Victims United of  
                    California; Fraternal Order of Police; Junior Leagues  
                    of California State Public Affairs Committee; Long  
                    Beach Police Officers Association; Los Angeles  
                    Professional Peace Officers Association; Sacramento  
                    County Deputy Sheriffs' Association; San Diego County  
                    District Attorney; State Coalition of Probation  
                    Organizations

          Opposition:None known

          Assembly Floor Vote:                 80 - 0


          PURPOSE







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          The purpose of this bill is to create within the Department of  
          Justice a "Statewide Interagency Human Trafficking Task Force,"  
          as specified.

          Current law provides that the Attorney General is the head of  
          the Department of Justice ("DOJ").  (Government Code § 12510.)

          Current law provides that the "Attorney General has charge, as  
          attorney, of all legal matters in which the State is  
          interested," as specified.  (Government Code § 12511 et seq.)

          This bill would create the "Statewide Interagency Human  
          Trafficking Task Force" within DOJ, consisting of  
          representatives from all of the following agencies:

                 A representative of the Department of Justice shall be  
               the chair of the task force.

                 The State Department of Social Services.

                 The Children and Family Services Division of the State  
               Department of Social Services.

                 The Labor and Workforce Development Agency.

                 The State Department of Public Health.

                 The Department of Corrections and Rehabilitation.

                 The State Department of Education.

                 The Judicial Council.

                 The California Victim Compensation and Government Claims  
               Board.

          This bill would require the task force to do all of the  
          following:

                 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  








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               children.

                 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 trafficking, such as  
               educators and hotel workers.

                 Evaluate and implement approaches to increase public  
               awareness about human trafficking and make new  
               recommendations on these approaches.

          This bill would provide that the protocols described above shall  
          not duplicate the protocols developed by the California Child  
          Welfare Council, as specified.   

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

              143% of design bed capacity by June 30, 2014;

              141.5% of design bed capacity by February 28, 2015; and,

              137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  








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          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  

          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;

              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;

              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 

              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and

              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.



          COMMENTS








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          1.Stated Need for This Bill

          The author states:

               AB 22 (Lieber 2005) created California's first  
               legislatively mandated human trafficking taskforce.   
               This taskforce issued a 2007 report on the extent of  
               the human trafficking problem in California and made  
               various recommendations in the criminal justice system  
               to address its effect on California communities. The  
               taskforce dissolved after the release of the report.

               Subsequently, when Attorney General Kamala Harris took  
               office, she created a Human Trafficking Working Group  
               consisting primarily of law enforcement agencies and  
               victim advocates from around the state. This working  
               group also produced a comprehensive report on human  
               trafficking in California in 2012, and provided many  
               recommendations for combatting this crime. Many of  
               these recommendations have been proposed as laws.   
               However, this working group is no longer functioning.   


               California remains at the forefront in the fight  
               against human trafficking and will continue to do so,  
               as over 20 bills have been introduced to combat human  
               trafficking since January 2016.  Yet, there is not  
               currently a statewide entity working to coordinate the  
               efforts of all the relevant state agencies, to collect  
               multi-faceted human trafficking data from around the  
               state, or to monitor the effectiveness of the many  
               human trafficking bills likely to become law this  
               year.  AB 1731 creates such a group with specific  
               mandates for action.

          2.Background: California DOJ 2012 Report

           In 2012 the Department of Justice published a report  
          entitled, "The State of Human Trafficking in California."   
          That report explained:

               In January 2012, Attorney General Kamala D. Harris  
               created a Human Trafficking Work Group to examine the  








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               nature and scope of human trafficking in California in  
               2012; to evaluate California's progress since 2007 in  
               combating human trafficking; and to identify  
               challenges and opportunities in protecting and  
               assisting victims and bringing traffickers to justice.  
                The Work Group included more than 100 representatives  
               of state, local and federal law enforcement, state  
               government agencies, victim service providers,  
               nonprofit groups, technology companies, and  
               educational institutions.  This report reflects the  
               Work Group discussions held during three day-long  
               meetings in Sacramento, San Francisco, and Los  
               Angeles, as well as supplemental research and  
               investigation by the California Department of Justice.  
                 
               (http://oag.ca.gov/sites/all/files/agweb/pdfs/ht/human- 
               trafficking-2012.pdf?)

          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)

          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








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                 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.  Background:  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  








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          of Minors in the United States, A Guide for Providers of Victim  
          and Support Services, Institute of Medicine and National  
          Research Council, p.27.)

          4.Background:  Alameda and Los Angeles Pilot Projects

          The Legislature has authorized pilot programs in Alameda  
          and Los Angeles Counties 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.

          The Alameda County pilot project is part of a larger  
          project called "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 includes, 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  








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          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.  . . .  

          The Legislature authorized the same pilot project for Los  
          Angeles County. (SB 1279 (Pavley), Chapter 116, Statutes of  
          2010.)  The sunsets for these programs would be eliminated  
          under SB 1064 (Hancock), currently pending in the Assembly.



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