BILL ANALYSIS Ó SB 1064 Page 1 Date of Hearing: June 28, 2016 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair SB 1064 (Hancock) - As Amended May 31, 2016 SUMMARY: Deletes the January 1, 2017 sunset date, and makes permanent the Sexually Exploited Minors Project in the Counties of Alameda and Los Angeles Specifically, this bill: 1)Extends indefinitely the Sexually Exploited Minors Project in the Counties of Alameda and Los Angeles. 2)Expands the definition of "commercially sexually exploited minor" to include the following: SB 1064 Page 2 a) A minor who has been adjudged a dependent of the juvenile court as a result of having been commercially sexually exploited; b) A minor who has been kidnapped for the purposes of prostitution; c) A minor who meets the federal definition of a "victim of trafficking"; and, d) A minor who has been arrested or detained for soliciting an act of prostitution, or loitering with the intent to commit an act of prostitution, or is the subject of a petition to adjudge him or her as a dependent of the juvenile court as a result of having been commercially sexually exploited. EXISTING LAW: 1)Authorizes the County of Los Angeles to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement for a prostitution offense. (Welf. & Inst. Code, § 18259.7(a).) SB 1064 Page 3 2)Allows the Los Angeles County District Attorney to develop, in collaboration with the county and community-based agencies protocols for identifying and assessing minors who may be victims of commercial sexual exploitations, upon their arrest or detention by law enforcement. (Welf. & Inst. Code, § 18259.7(b).) 3)Permits the Los Angeles County District Attorney, in collaboration with county and community-based agencies to develop a diversion program 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. (Welf. & Inst. Code, § 18259.7(c).) 4)Allows the Los Angeles County District Attorney in collaboration with county and community-based agencies to form a multidisciplinary team including, but not limited to, city police departments, county sheriff's department, the public defender's office, the probation department, child protective services and the community-based organizations that work with or advocate for sexually exploited minors. This team will do both of the following: (Welf. & Inst. Code, § 18259.7(d)(1)(2)) a) Develop a training curriculum reflecting best practices for identifying and assessing minors who may be victims of commercial sexual exploitation; and, b) 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. 5)Requires the Los Angeles District Attorney's Office to submit a report to the Legislature on or before April 1, 2016, that summarizes his or her activities with relation to the pilot project to assist the Legislature in determining whether the SB 1064 Page 4 pilot project should be extended or expanded to other counties. (Welf. & Inst. Code, § 18259.7(e).) 6)Requires the Los Angeles District Attorney's Office report to include the number of sexually exploited minors, if any, diverted by the program authorized in subdivision (c), and a summary of the types of services and alternate treatments provided to those minors. The report shall be contingent upon local funding, and shall be required only if the County of Los Angeles establishes a pilot project and the district attorney performs any of the activities of the pilot project authorized. The report shall not include any information that would reveal the identity of a specific sexually exploited minor. (Welf. & Inst. Code, § 18259.7(e).) 7)Sunsets the Los Angeles County pilot project on January 1, 2017. (Welf. & Inst. Code, § 18259.10(b).) 8)Allows the Alameda County District Attorney to create a pilot project, contingent on local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors. (Welfare and Institutions Code (WIC) Section 18259.) 9)Defines "commercially sexually exploited minor" for purposes of the Alameda County pilot project as a person under the age of 18 who has been abused, as specified, and who has been detained for a violation of the law or placed in a civil hold for specified offenses. (Welf. & Inst. Code, § 18259.3.) 10)Creates a sunset date for the Alameda County pilot project of January 1, 2012. (Welf. & Inst. Code, § 18259.5.) 11)States that "sexual exploitation" refers to a person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or a person responsible for the welfare of a child, who knowingly permits or encourages a child to engage in, or assist others to engage SB 1064 Page 5 in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. (Pen. Code, § 11165.1(c)(2).) 12)Defines the following as "disorderly conduct," a misdemeanor (Pen. Code, § 647): a) Solicitation of any person to engage in or who engages in lewd or dissolute conduct in a public place or in any place open to the public or exposed to public view; and, b) Solicitation or agreement to engage in or engagement in an act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes a lewd act between persons for money or other consideration. 13)Prohibits loitering in any public place with the intent to commit prostitution. (Pen. Code, § 653.22.) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "According to SB 1064 Page 6 UNICEF, every 2 minutes a child is groomed for sexual exploitation. The California Children's Welfare Council reports that at least 100,000 children are commercially sexually exploited in the United States every year, with another 300,000 children identified as being at risk for exploitation. Despite current national, state, and local efforts, California faces a rapid increase in the number of children being sexually exploited, especially in the form of prostitution and child pornography. According to data collected by the FBI, more than 3,000 juveniles were arrested for prostitution in California between 2006 and 2012. "According to the U.S. Department of Justice, three of the nation's thirteen High Intensity Child Prostitution areas, as identified by the FBI, are located in California: the San Francisco, Los Angeles, and San Diego metropolitan areas. Despite the shift in treating CSEC as victims, rather than offenders, there were 174 prostitution-related arrests of children, some as young as 12 years old, in California in 2014. "SB 1064 seeks to respond to the specialized needs of commercially sexually exploited children (CSEC) in a way that focuses on victimization rather than criminalization. The bill eliminates the sunset date of January 1, 2017 on a pilot project that authorized the Counties of Alameda and Los Angeles to develop a multi-disciplinary model that addresses the needs and effective treatment of commercially sexually exploited minors who have been arrested or detained by local law enforcement. "By eliminating the sunset date, SB 1064 would extend the operation of this project indefinitely in the Counties of Alameda and Los Angeles. This bill would also further align our statutory language defining commercially sexually exploited minors with existing federal and state law." SB 1064 Page 7 2)Prior Legislation: a) AB 799 (Swanson), Chapter 51, Statutes of 2011, extended the repeal date until January 1, 2017 of a provision in existing law that authorized the Alameda County to create a pilot project, contingent upon local funding, for the purpose of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors. b) SB 1279 (Pavley), Chapter 116, Statutes of 2010, allowed Los Angeles County to create a pilot project, contingent upon local funding, for the purpose of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors. c) AB 499 (Swanson), Chapter 359, Statutes of 2008, created a pilot project in Alameda County which may be implemented contingent upon local funding for the purpose of diverting sexually exploited minors accused of soliciting an act of prostitution into supervised counseling and treatment programs. REGISTERED SUPPORT / OPPOSITION: Support Alameda County District Attorney's Office (Co-sponsor) SB 1064 Page 8 McGeorge Legislative and Public Policy Clinic (Co-sponsor) State Coalition of Probation Officers (Co-sponsor) Association for Los Angeles Deputy Sheriffs Association of Deputy District Attorneys Association of Orange County Deputy Sheriffs California Association of Marriage and Family Therapists California District Attorneys Association California Police Chiefs Association California State Association of Counties California Statewide Law Enforcement Association Fraternal Order of Police, California State Lodge Fraternal Order of Police, N. California Probation Lodge 19 Kern County Probation Officers Association SB 1064 Page 9 Long Beach Police Officers Association Los Angeles County Deputy Probation Officers Union, AFSCME, Local 685 Los Angeles Police Protective League Madera Probation Peace Officers Association National Association of Social Workers Professional Peace Officers Association Riverside Sheriffs Association Sacramento County Deputy Sheriffs Association Sacramento County Probation Association Sacramento Police Officers Association San Diego Police Officers Association San Joaquin County Probation Officers Association Santa Clara County Probation Peace Officers Union SB 1064 Page 10 Stanislaus County Deputy Probation Officers Association Ventura County Professional Peace Officers Association Opposition None Analysis Prepared by:Gregory Pagan / PUB. S. / (916) 319-3744