BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1064 (Hancock) - Sexually exploited minors
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|Version: February 16, 2016 |Policy Vote: PUB. S. 6 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: April 25, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1064 would eliminate the sunset date on the
discretionary Sexually Exploited Minors Pilot Project in Alameda
County, and expand the program statewide to operate
indefinitely. This bill would expand the definition of
"commercially sexually exploited minor" to include, among
others, minors who have been adjudged dependents of the juvenile
court. Additionally, this bill would provide that a minor who is
the subject of a petition to adjudge him or her as a dependent
of the juvenile court is presumed to be a commercially sexually
exploited minor, as specified.
Fiscal
Impact:
Sexually Exploited Minors Project statewide expansion :
Potentially major ongoing increase in local costs (Local
Funds/General Fund*) to county district attorneys for
additional workload, including the development of
identification protocols and diversion programs, participation
on multidisciplinary teams, and provision of added services
and training. As funding is contingent upon local funding only
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for the establishment of a program in each county, ongoing
future operational costs are potentially eligible to be
supported by other fund sources.
CSEC Program : Potentially significant future cost pressure
(General Fund*) on the Commercially Sexually Exploited
Children (CSEC) Program, which is administered by the DSS, to
the extent the additional services and activities by district
attorneys are incorporated into county plans submitted for
participation under the program made eligible under the
expanded definition of "commercially sexually exploited
minors" to include juvenile dependents. The Fiscal Year (FY)
2016-17 Governor's Budget reflects 38 counties electing to
participate in the program, and $14 million General Fund
provided for support of this program.
*Proposition 30 (2012) : Exempts the State from mandate
reimbursement for realigned responsibilities for "public
safety services" including the training of law enforcement
personnel and attorneys assigned to criminal proceedings, and
the provision of child welfare services to prevent
exploitation, however, legislation enacted after September 30,
2012, that has an overall effect of increasing the costs
already borne by a local agency for public safety services
apply to local agencies only to the extent that the State
provides annual funding for the cost increase. The provisions
of Proposition 30 have not been interpreted through the formal
court process to date, however, to the extent the local agency
costs resulting from this measure are determined to be
applicable under the provisions of Proposition 30, could
result in additional costs to the State.
Background:
Sexually Exploited Minors Pilot Projects - Counties of Alameda
and Los Angeles
Existing law, until January 1, 2017, authorizes the Counties of
Alameda and Los Angeles to establish pilot projects in each
county contingent upon local funding for the purposes of
developing a comprehensive, replicative, multidisciplinary model
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to address the needs and effective treatment of commercially
sexually exploited minors, as specified. (Welfare and
Institutions Code (WIC) §§ 18259 (a), 18259.7 (a).)
Under the pilot project, the district attorneys of the specified
counties, in collaboration with the respective county and
community-based agencies, are authorized to 1) develop protocols
for identifying and assessing minors, upon arrest or detention
by law enforcement; 2) develop diversion programs 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; and, 3) form multidisciplinary
teams including specified governmental agencies and
community-based organizations to develop, offer, and provide a
training curriculum reflecting the best practices for
identifying and assessing minors who may be victims of
commercial sexual exploitation through multidisciplinary teams
to others. (WIC §§ 18259 (b)-(d), 18259.7 (b)-(d).)
For purposes of the pilot projects, "commercially sexually
exploited minor" means a person under 18 years of age who has
been abused, as specified, and who has been detained for a
violation of the law or placed in civil protective custody on a
safety hold, as specified. Existing law provides for the
operation of the pilot projects only until January 1, 2017.
Commercially Sexually Exploited Children (CSEC) Program
Existing law establishes the federal and state CSEC Program,
administered by the Department of Social Services (DSS), to
provide prevention, intervention, services, and training for
CSEC activities. Counties that elect to participate in state
CSEC activities receive funding for specialized services for the
CSEC population. (WIC §§ 16524.7-16524.10.)
A county electing to receive funding from the CSEC Program is
required to submit a plan to DSS describing how the county
intends to utilize the funds to be allocated. The county plan is
required to include documentation indicating the county's
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collaboration with county partner agencies and children-focused
entities, which must include the formation of a
multidisciplinary team to serve children.
Each county electing to receive funds from the CSEC Program is
additionally required to develop an interagency protocol to be
utilized in serving sexually exploited children, to be developed
by a team led by a representative of the county human services
department and must include representatives from county
probation, county mental health, county public health
department, the juvenile court. The team may also include, but
shall not be limited to, representatives from local education
agencies, local law enforcement, survivors of sexual
exploitation and trafficking, and other providers as necessary.
Proposed Law:
This bill would eliminate the sunset date on the discretionary
Sexually Exploited Minors Pilot Project in Alameda County, and
expand the program statewide to operate indefinitely.
Additionally, this bill:
Expands the population of minors to be served in
diversion programs beyond those arrested and detained, to
all minors who have been determined to be victims of
commercial sexual exploitation.
Authorizes the district attorney of each county, in
collaboration with the respective county and
community-based agencies, to do the following:
o Develop, as a component of the project,
protocols for identifying and assessing minors, upon
arrest or detention by law enforcement, who may be
victims of commercial sexual exploitation.
o Develop, as a component of the project, 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.
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o Form, as a component of the 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, to
do both of the following:
§ Develop a training curriculum
reflecting the best practices for identifying and
assessing minors who may be victims of commercial
sexual exploitation.
§ 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.
Expands the definition of "commercially sexually
exploited minor" to include a person under 18 years of age
who is describe by one or more of the following:
o Has been adjudged a dependent of the juvenile
court pursuant to WIC § 300(b)(2).
o Has been the victim of abduction, as described
in Penal Code § 267.
o Meets the definition of a victim of a severe
form of trafficking, as defined in federal 22 USC §
7105.
o If a minor is arrested or detained for an
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alleged violation of PC § 647(a) or (b) or PC §
653.22(a), or if a minor is the subject of a petition
to adjudge him or her a dependent of the juvenile
court pursuant to WIC § 300(b)(2), he or she shall be
presumed to be a commercially sexually exploited minor
for purposes of this program.
Prior
Legislation: AB 403 (Stone) Chapter 773/2015, establishes the
general framework for a number of recommendations included in
the CDSS report, California's Child Welfare Continuum of Care
Reform (CCR), seeking to implement significant reforms related
to the use of group homes, rate systems, assessment of
children's needs through the use of child and family teams, and
outcome measurement to promote positive outcomes for children
and families. The 2016-17 Governor's Budget includes
approximately $61 million General Fund to implement various
components of the CCR enacted by AB 403.
SB 794 (Committee on Human Services) Chapter 425/2015 provides
for numerous amendments to state law intended to seek compliance
with the federal Preventing Sex Trafficking and Strengthening
Families Act (P.L. 113-183), as specified.
SB 855 (Committee on Budget and Fiscal Review) Chapter 29/2014
established the CSEC program, and authorized annual state
funding for county agencies electing to participate in the
program to provide services to child victims of commercial
sexual exploitation.
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