BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1064|
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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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