BILL ANALYSIS                                                                                                                                                                                                    






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                                   THIRD READING 


          Bill No:  SB 1064
          Author:   Hancock (D) 
          Amended:  5/31/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  6-0, 4/12/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning, Stone
           NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   Sexually exploited minors


          SOURCE:    Alameda County District Attorney 
                     McGeorge Legislative and Public Policy Clinic 
                     State Coalition of Probation Organizations 
          
          DIGEST:   This bill eliminates the sunset of the the existing,  
          discretionary "commercially sexually exploited minor" program in  
          Alameda County and makes additional changes to the definition of  
          "commercially sexually exploited minor" as specified.

          ANALYSIS:  
          
          Existing law:

          1)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  








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            program should be extended to additional counties.  (Welfare  
            and Institutions Code  18259.1, 18259.5.)  

          2)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:

          1)Repeals the January 1, 2017 sunset for the Alameda pilot  
            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. 

          2)Expands 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.  


          Background
          
          SB 1064 eliminates the sunset of the Alameda County pilot  
          program from January 1, 2017 and authorizes the pilot programs  
          in Alameda and Los Angeles Counties to continue.  This 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. 

          Under the current programs in Alameda and Los Angeles Counties,  
          these Counties may establish a project to divert commercially  
          sexually exploited minors from incarceration into support  
          services. This bill also permits these 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  







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          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.
          
          Los Angeles program.  SB 1279 (Pavley, Chapter 116, Statutes of  
          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 assess whether the program should be extended to  
          additional counties in California. This bill does not amend  
          those provisions. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          According to the Senate Appropriations Committee:


           Sexually Exploited Minors Project sunset elimination:   
            Potentially minor to moderate ongoing increase in local costs  
            (Local Funds/General Fund*) to district attorneys of Los  
            Angeles and Alameda for additional workload, as programs are  
            already operating in these counties. As funding is contingent  
            upon local funding only 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:  Potential future cost pressure (General Fund*)  
            on the Commercially Sexually Exploited Children (CSEC)  
            Program, which is administered by the Department of Social  
            Services, 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  







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            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.  


          SUPPORT:   (Verified5/31/16)


          Alameda County District Attorney (co-source)
          McGeorge Legislative and Public Policy Clinic (co-source)
          State Coalition of Probation Organizations (co-source)
          Association of Deputy District Attorneys
          California District Attorneys Association
          California Police Chiefs Association Inc.
          California Statewide Law Enforcement Association
          Fraternal Order of Police
          Fraternal Order of Police, Northern California Probation Lodge  
          19
          Kern County Probation Officers Association
          Los Angeles County Deputy Probation Officers Union, AFSCME,  
          Local 685
          Madera Probation Peace Officers Association
          National Association of Social Workers, California Chapter
          Sacramento County Probation Association
          Sacramento Police Officers Association
          San Diego Police Officers Association Inc.
          San Joaquin County Probation Officers Association
          Santa Clara County Probation Peace Officers' Union
          Stanislaus County Deputy Probation Officers Association
          Ventura County Professional Peace Officers' Association


          OPPOSITION:   (Verified5/31/16)


          None received









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          Prepared by:Molly Lao / PUB. S. / 
          5/31/16 21:31:42


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