BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1064 (Hancock) - Sexually exploited minors ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: February 16, 2016 |Policy Vote: PUB. S. 6 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 SB 1064 (Hancock) Page 1 of ? 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 SB 1064 (Hancock) Page 2 of ? 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 SB 1064 (Hancock) Page 3 of ? 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. SB 1064 (Hancock) Page 4 of ? 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 SB 1064 (Hancock) Page 5 of ? 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. -- END --