BILL ANALYSIS                                                                                                                                                                                                    



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

          Bill No:    SB 1064       Hearing Date:    April 12, 2016    
          
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          |Author:    |Hancock                                              |
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          |Version:   |February 16, 2016                                    |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|ML                                                   |
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                         Subject:  Sexually Exploited Minors



          HISTORY

          Source:   Alameda County District Attorney; McGeorge Legislative  
                    and Public Policy Clinic; State Coalition of Probation  
                    Organizations

          Prior Legislation:AB 799 (Swanson) - Ch. 51, Stats. 2011
                         SB 1279 (Pavley) - Ch. 116, Stats. 2010
                         AB 499 (Swanson) - Ch. 359, Stats. 2008
                         
          Support:  Association of Deputy District Attorneys; Association  
                    of Orange County Deputy Sheriffs; California District  
                    Attorneys Association; California Police Chiefs  
                    Association; California State Association of Counties;  
                    California Statewide Law Enforcement Association;  
                    Fraternal Order of Police, Northern California; Kern  
                    County Probation Officers Association; L.A. County  
                    Deputy Probation Officers Union, AFSCME Local 685;  
                    Long Beach Police Officers Association; Madera  
                    Probation Peace Officers Association; National  
                    Association of Social Workers, California Chapter;  
                    Sacramento County Deputy Sheriff's Association;  
                    Sacramento County Probation Association; Sacramento  
                    Police Officers Association; San Diego Police Officers  
                    Association; San Joaquin County Probation Officers  








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                    Association; Santa Clara County Probation Peace  
                    Officers' Union; Stanislaus County Deputy Probation  
                    Officers Association; University of the Pacific  
                    McGeorge School of Law; Ventura County Professional  
                    Peace Officers' Association

          Opposition:    Unknown 
          

          PURPOSE

          The purpose of this bill is to expand the existing,  
          discretionary "commercially sexually exploited minor" program in  
          Alameda County to make it statewide, to eliminate the sunset in  
          those provisions, and make additional changes as specified.

          Existing law authorizes Alameda County, dependent on local  
          funding, to create a pilot project to develop a model that will  
          address the needs and effective treatment of sexually exploited  
          minors until January 1, 2017, and the county's District Attorney  
          to submit a report by April 1, 2016 to determine whether the  
          program should be extended to additional counties.  (Welfare and  
          Institutions Code  18259.1, 18259.5.)  

          Existing law authorizes a similar program in Los Angeles County  
          and its District Attorney to submit a report by April 1, 2016  
          determining whether the program should be extended to additional  
          counties. (Welfare and Institutions Code  18259.7.)

          This bill will authorize the expansion of the Alameda program to  
          apply statewide. 

          This bill will expand the definition of commercial sexual  
          exploitation of children to include minors found to be dependent  
          of the juvenile court because he or she is a commercially  
          sexually exploited child or was arrested for engaging in  
          prostitution. The commercial sexual exploitation of children is  
          currently defined as criminal practices that demean, degrade and  
          threaten the physical and psycho-social integrity of  
          children.<1>

          This bill repeals the January 1, 2017 sunset for the Alameda  


          ---------------------------

          <1> http://www.heatwatch.org/human_trafficking/about_csec








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          program and removes the authority for the county's district  
          attorney to publish a report by April 1, 2016 that would have  
          assessed whether the program should be extended to additional  
          counties.

                    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  
          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  









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          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

          1. Need for The Bill

          According to the author:

            According to UNICEF, every 2 minutes a child is groomed for  
            sexual exploitation. The California Children's Welfare Council  
            reports that at least 100,000 children are commercially  
            sexually exploited in the United States every year, with  
            another 300,000 children identified as being at risk for  
            exploitation.  Despite current national, state, and local  
            efforts, California faces a rapid increase in the number of  
            children being sexually exploited, especially in the form of  
            prostitution and child pornography. According to data  
            collected by the FBI, more than 3,000 juveniles were arrested  
            for prostitution in California between 2006 and 2012. 

            SB 1064 seeks to respond to the specialized needs of  









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            commercially sexually exploited children (CSEC) in a way that  
            focuses on victimization rather than criminalization. 

            According to the U.S. Department of Justice, three of the  
            nation's thirteen High Intensity Child Prostitution areas, as  
            identified by the FBI, are located in California: the San  
            Francisco, Los Angeles, and San Diego metropolitan areas.  
            Despite the shift in treating CSEC as victims, rather than  
            offenders, there were 174 prostitution-related arrests of  
            children, some as young as 12 years old, in California in  
            2014. 

            In response to California's growing CSEC problem, Alameda  
            County established a pilot project, H.E.A.T. Watch, authorized  
            under AB 499 (Swanson 2008) to divert sexually exploited youth  
            away from incarceration and into much needed support services.  
            The program is highly acclaimed, and has garnered national  
            awards for its comprehensive response to the unique needs of  
            CSEC victims. 

            Moreover, Alameda County created the Young Women's Saturday  
            Program, a weekly program that provides advocacy, case  
            management, and life skills training to CSEC victims to  
            restore and support their well-being, empower them to recover,  
            and ensure that they are ready to lead a productive life free  
            from exploitation. 

            The pilot project enabled the Alameda County District  
            Attorney's Office to leverage existing resources and convene  
            county agencies, such as law enforcement, probation, social  
            services, public defenders, and CSEC-specific community based  
            organizations, to create an effective local response to the  
            commercial sex trafficking of children.

            Existing law, until January 1, 2017, authorizes the Counties  
            of Alameda and Los Angeles to create a pilot project,  
            contingent upon local funding, for the purpose of developing a  
            multi-disciplinary model to address the needs and effective  
            treatment of commercially sexually exploited minors who have  
            been arrested or detained by local law enforcement.

          2.  Effect of Legislation
          
          The bill expands the operation of Alameda County's program  









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          statewide to all 58 counties, but the extension is contingent  
          upon local funding and whether the county is willing to opt in.  
          The bill also expands the definition of the commercial sexual  
          exploitation of children to include minors who are dependents of  
          the juvenile court because he or she is a commercially sexually  
          exploited child or was arrested for engaging in prostitution. SB  
          1064 eliminates the sunset of the Alameda County pilot program  
          from January 1, 2017.

          Under the program, counties may establish a project to divert  
          commercially sexually exploited minors from incarceration into  
          support services. The bill also permits counties to plan,  
          create, and implement the tools necessary to identify, treat,  
          and rehabilitate commercially and sexually exploited children.  
          The program in Alameda County currently works to assess and  
          identify minors who are arrested or detailed by law enforcement  
          and may be victims of commercial sexual exploitation. It serves  
          as a diversion program consisting of best practices to address  
          the needs and services of these youth.

           3.  Support


          According to one of the sponsors of this legislation, the State  
          Coalition of Probation Organizations states:

            SB 1064 would allow every county in the state to voluntarily  
            develop a comprehensive and multidisciplinary plan to address  
            the needs of, and provide effective treatment to, CSEC  
            victims.

            Pursuant to Section 18259 of the Welfare and Institution code,  
            the District Attorney of Alameda County created and  
            successfully implemented its Human Exploitation and  
            Trafficking "HEAT" Watch to provide a comprehensive and  
            collaborative response to human trafficking. SB 1064 removes  
            the sunset on the original enabling legislation, and allows  
            other counties to utilize similar approaches. It is critical  
            for all counties to create these plans to help assist these  
            young victims of these incomprehensible crimes. 

            This bill will also expand the definition of "CSEC" to minors  
            found to be "dependent of the juvenile court" as CSEC victims,  
            as well as minors arrested for engaging in prostitution. This  









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            approach will allow these victims the ability to receive the  
            necessary services to help them break out of prostitution and  
            human trafficking.
          





          4.  Los Angeles Program


          Senate Bill 1279 (Pavley, 2010) enacted a program similar to  
          that of Alameda County in Los Angeles County, and also  
          authorized the Los Angeles County District Attorney's office to  
          publish a report by April 1, 2016 that will assessed whether the  
          program should be extended to additional counties in California.  
          This bill does not amend those provisions. The author may wish  
          to consider whether the provision should be repealed since the  
          bill would extend the Alameda program statewide.



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