Amended in Assembly August 18, 2016

Amended in Senate May 31, 2016

Senate Bill No. 1064

Introduced by Senator Hancock

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(Coauthor: Senator Anderson)

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(Coauthors: Assembly Members Cooper, Gonzalez, and Thurmond)

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February 16, 2016

An act to amend Sections 18259 and 18259.3 of, to amend the heading of Chapter 4.3 (commencing with Section 18259) of Part 6 of Division 9 of, and to repeal Sections 18259.1 and 18259.5 of, the Welfare and Institutions Code, relating to sexually exploited minors.

LEGISLATIVE COUNSEL’S DIGEST

SB 1064, as amended, Hancock. Sexually exploited minors.

Existing law, until January 1, 2017, authorizes the Counties of Alameda and Los begin delete Angeles end delete begin insert Angeles, end insert respectively, to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified.

This bill would extend the operation of this begin delete project end delete begin insert program end insert indefinitely in the begin delete Counties of Alameda and Los Angeles. end delete begin insert County of Alameda. end insert The bill would also expand the definition of a “commercially sexually exploited minor” to include, among others, a minor who has been adjudged a dependent of the juvenile court because he or she is a commercially sexually exploited child, and would create a presumption that, if a minor has been arrested for engaging in prostitution, or is the subject of a petition to adjudge him or her a dependent of the juvenile court because he or she is a commercially sexually exploited child, he or she is a commercially sexually exploited minor for the purposes of that definition.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Alameda.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The heading of Chapter 4.3 (commencing with
Section 18259) of Part 6 of Division 9 of the Welfare and
Institutions Code is amended to read:

 

Chapter  4.3. Sexually Exploited Minors begin delete Project end delete

begin insert Program end insert

 

SEC. 2.  

Section 18259 of the Welfare and Institutions Code is
amended to read:

18259.  

(a) The begin delete Counties of Alameda and Los Angeles, end delete begin insert County
of Alameda, end insert contingent upon local funding, may begin delete each end delete establish a
project consistent with this chapter 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 subdivision (a) or (b) of Section 647 or subdivision
(a) of Section 653.22 of the Penal Code, or who have been
adjudged a dependent of the juvenile court pursuant to paragraph
(2) of subdivision (b) of Section 300.

(b) The begin delete district attorneys of the Counties of Alameda and Los
Angeles, end delete begin insert District Attorney of the County of Alameda, end insert in
collaboration with the begin delete respective end delete county begin insert child welfare agency,
county probation, sheriff, end insert and community-based agencies, may
begin delete each end delete develop, as a component of the begin delete project end delete begin insert program end insert described
in this chapter, protocols for identifying and assessing minors,
upon arrest or detention by law enforcement, who may be victims
of commercial sexual exploitation. begin insert end insert begin insert The protocol shall include the
process for how to make a report to the county child welfare agency
if there is reason to believe the minor is a person described in
Section 300. The protocol shall also include the process for the
child welfare agency to investigate the report pursuant to Section
328. end insert

(c) The begin delete district attorneys of the Counties of Alameda and Los
Angeles, end delete begin insert District Attorney of the County of Alameda, end insert in
collaboration with the begin delete respective end delete county begin insert child welfare agency,
county probation, sheriff, end insert and community-based agencies that
serve commercially sexually exploited minors, may begin delete each end delete develop,
as a component of the begin delete project end delete begin insert program end insert described in this chapter,
a diversion program reflecting the best practices to address the
needs and requirements of minors who have been determined to
be victims of commercial sexual exploitation.

(d) The begin delete district attorneys of the Counties of Alameda and Los
Angeles, end delete begin insert District A end insert begin insert ttorney of the County of Alameda, end insert in
collaboration with the begin delete respective end delete county and community-based
agencies, may begin delete each end delete form, as a component of the begin delete project end delete begin insert program end insert
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,
to do both of the following:

(1) Develop a training curriculum reflecting the best practices
for identifying and assessing minors who may be victims of
commercial sexual exploitation.

(2) Offer and provide this training curriculum through
multidisciplinary teams to law enforcement, child protective
services, and others who are required to respond to arrested or
detained minors who may be victims of commercial sexual
exploitation.

SEC. 3.  

Section 18259.1 of the Welfare and Institutions Code
is repealed.

SEC. 4.  

Section 18259.3 of the Welfare and Institutions Code
is amended to read:

18259.3.  

(a) For purposes of this chapter, “commercially
sexually exploited minor” means a person under 18 years of age
who is described by one or more of the following:

(1) Has been abused in the manner described in paragraph (2)
of subdivision (c) of Section 11165.1 of the Penal Code, and who
has been detained for a violation of the law or placed in civil
protective custody on a safety hold based only on a violation of
subdivision (a) or (b) of Section 647 begin insert of the Penal Code end insert or
subdivision (a) of Section 653.22 of the Penal Code.

(2) Has been adjudged a dependent of the juvenile court pursuant
to paragraph (2) of subdivision (b) of Section 300.

(3) Has been the victim of abduction, as described in Section
267 of the Penal Code.

(4) Meets the definition of a victim of a severe form of
trafficking, as defined in Section 7105 of Title 22 of the United
States Code.

(b) If a minor is arrested or detained for an alleged violation of
subdivision (a) or (b) of Section 647 of the Penal Code or of
subdivision (a) of Section 653.22 of the Penal Code, or if a minor
is the subject of a petition to adjudge him or her a dependent of
the juvenile court pursuant to paragraph (2) of subdivision (b) of
Section 300, he or she shall be presumed to be a commercially
sexually exploited minor, as defined in subdivision (a).

SEC. 5.  

Section 18259.5 of the Welfare and Institutions Code
is repealed.

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begin insert SEC. 6. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances of the County
of Alameda. According to the Office of the Attorney General, there
are currently nine regional human trafficking task forces. One of
those task forces includes the County of Alameda, which makes it
uniquely situated to implement a service model that would produce
improved outcomes for youth victims of human trafficking by
providing comprehensive intervention and rehabilitation services,
as an alternative to traditional prosecution or incarceration, or
both.

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