AB 2202, as introduced, Baker. Human trafficking: vertical prosecution program.
Existing law establishes the Office of Emergency Services, which is required to, among other things, allocate and award funds to communities developing and providing ongoing citizen involvement and crime resistance programs.
This bill would require the office, to the extent funds are available for this purpose and until January 1, 2021, to allocate and award funds to up to 11 district attorney offices that employ a vertical prosecution methodology for the prosecution of human trafficking crimes and that meet other specified criteria, including minimum staffing levels for the program. The bill would require the office, on or before January 1, 2019, to submit to the Legislature and the Governor’s Office a report that describes the counties that received funding pursuant to this program, the number of prosecutions for human trafficking cases filed by the counties receiving funding, the number of human trafficking convictions obtained by those counties, and the sentences imposed for human trafficking crimes in those counties. The bill would also appropriate $2,600,000 from the General Fund to the office for this program.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 5.8 (commencing with Section 13849)
2is added to Title 6 of Part 4 of the Penal Code, to read:
3
(a) There is hereby established in the Office of
8Emergency Services a program of financial and technical assistance
9for county district attorney offices for the prosecution of human
10trafficking crimes.
11(b) The Director of Emergency Services shall, to the extent
12funds are available for this purpose, allocate and award funds to
13up to 11 district attorney offices that apply for funding pursuant
14to this chapter. Each county selected for funding shall meet all of
15the following minimum requirements:
16(1) Employ a vertical prosecution methodology for human
17trafficking crimes.
18(2) Require that a county selected for funding
dedicate at least
19one-half of the time of one deputy district attorney and one-half
20of the time of one district attorney investigator solely to the
21investigation and prosecution of human trafficking crime.
22(3) Provide the office with annual data on the number of human
23trafficking cases filed by that county, the number of human
24trafficking convictions obtained, and the sentences imposed for
25those convicted of human trafficking in that county.
26(4) Enter into an agreement, either by contract or a memorandum
27of understanding, with an advocacy agency funded by the office
28that provides services, counseling, or both, to victims of human
29trafficking in order to ensure that victims and witnesses of human
30trafficking, as appropriate, receive services.
P3 1(5) Funding received by district attorney offices pursuant to this
2program
shall be used to supplement, and not supplant, existing
3financial resources.
4(c) The office shall select applications based upon a competitive
5process and may establish selection criteria. At a minimum, an
6applicant shall demonstrate the ability to comply with the criteria
7in subdivision (b) and include an estimate of the number of
8potential human trafficking crimes in that county.
9(d) (1) On or before January 1, 2019, the office shall submit to
10the Legislature and the Governor’s Office a report that describes
11the counties that received funding pursuant to this program, the
12number of prosecutions for human trafficking cases filed by the
13counties receiving funding, the number of human trafficking
14convictions obtained by those counties, and the sentences imposed
15for human trafficking crimes in those counties.
16(2) The report required pursuant to paragraph (1) shall be
17submitted in compliance with Section 9795 of the Government
18Code.
19(e) As used in this section, “human trafficking crimes” means
20any violation of Section 236.1 or subdivision (m) of Section 647.
21(f) Not more than 10 percent of funds appropriated for this
22program shall be retained by the office for administrative costs,
23including technical assistance, training, and the cost of producing
24the report required pursuant to subdivision (d).
This chapter shall remain in effect only until January
261, 2021, and as of that date is repealed, unless a later enacted
27statute, that is enacted before January 1, 2021, deletes or extends
28that date.
The sum of two million six hundred thousand dollars
30($2,600,000) is hereby appropriated from the General Fund to the
31Office of Emergency Services for the purpose of funding the
32Human Trafficking Prevention Vertical Prosecution Program, as
33described in Chapter 5.8 (commencing with Section 13849) of
34Title 6 of Part 4 of the Penal Code.
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