BILL ANALYSIS                                                                                                                                                                                                    



          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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