BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1322 (Mitchell) - Commercial sex acts:  minors
          
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          |Version: April 26, 2016         |Policy Vote: PUB. S. 4 - 3      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: May 9, 2016       |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  SB 1322 would prohibit a minor from being arrested for  
          a prostitution offense, as specified, and would provide that a  
          commercially exploited child pursuant to the bill's provisions  
          may be adjudged a dependent child of the court, as specified,  
          and may be taken into temporary custody if the conditions  
          allowing temporary custody without warrant are met.


          Fiscal  
          Impact:  
            Decriminalization of prostitution by a minor  :  Potential local  
            agency cost savings (Local Funds) to juvenile detention  
            facilities, and to county probation departments for services  
            and administration costs for these minors who otherwise may  
            have been arrested and potentially adjudicated as juvenile  
            delinquents or wards of the court. DOJ statistics indicate 368  
            arrests in 2013, 267 arrests in 2014, and 235 arrests in 2015  
            of minors for the prostitution offenses specified in this  
            measure. DOJ statistics indicate less than 10 percent of  







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            arrests are ultimately adjudicated in court each year. 
            Commercially Sexually Exploited Children (CSEC) program  :   
            Potential future cost pressure (General Fund*) to provide  
            services and grants within the dependency system of care under  
            the CSEC Program, which is administered by the DSS, to the  
            extent services and case management activities are provided by  
            participating counties to a greater number of minors, and/or  
            to the extent additional counties opt into the program in the  
            future. One-time costs, not including services, for an initial  
            screening and assessment for CSEC eligibility of 200 minors is  
            estimated to cost about $125,000 (General Fund*). 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.  
            Additionally, a budget issue to increase CSEC funding by an  
            additional $19.7 million for participating counties has been  
            held open in budget subcommittee hearings. 
            *Proposition 30 (2012)  :  Exempts the State from mandate  
            reimbursement for realigned responsibilities for "public  
            safety services" including the provision of child welfare  
            services to prevent child 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 the State provides annual funding for the cost  
            increase. 
            Criminal justice system  :  Potentially significant future cost  
            savings (General Fund/Local Funds) to numerous state and local  
            agencies, including but not limited to the courts, state  
            prisons, local correctional facilities, and human services  
            agencies to the extent prohibiting these exploited minors from  
            arrest and providing them with necessary supportive services  
            results in reductions in future involvement in the criminal  
            justice system.  


          Background:  Existing law provides that a person who solicits or who agrees  
          to engage in or who engages in any act of prostitution is guilty  
          of a misdemeanor. No agreement to engage in an act of  
          prostitution constitutes a violation 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 is this  
          subdivision, "prostitution" includes any lewd act between  








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          persons for money or other consideration. (Penal Code (PC) §  
          647(b).)
          Existing law provides that it is unlawful for any person to  
          loiter in any public place with the intent to commit  
          prostitution. This intent is evidenced by acting in a manner and  
          under circumstances which openly demonstrate the purpose of  
          inducing, enticing, or soliciting prostitution, or procuring  
          another to commit prostitution. (PC § 653.22(a).)


          Commercially Sexually Exploited Children Program (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  
          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.  
           
           The initial 35 counties that opted in were separated into two  
          tiers: 13 Tier I counties received $25,000 to develop  
          interagency protocols and 22 Tier II counties received enhanced  
          funding based on their prevalence of CSEC youth, completion of a  
          CSEC protocol, and the county's readiness to serve. Shortly  
          after the state program was enacted, federal CSEC legislation  








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          was enacted with statewide requirements. 

          Proposed funding levels have remained at $14 million General  
          Fund since the Program's inception. 



          Proposed Law:  
           This bill would prohibit a minor from being charged with the  
          following offenses: soliciting or engaging in any act of  
          prostitution (PC § 647(b)), or loitering in any public place  
          with the intent to commit prostitution (PC § 653.22(a)).  
          Additionally, this bill:
                 Specifies that the aforementioned offenses do not apply  
               to a child under 18 years of age who is alleged to have  
               engaged in conduct that would, if committed by an adult,  
               violate existing law pursuant to PC § 647(b) or PC §  
               653.22(a). 


                 Provides that a commercially exploited child under this  
               paragraph may be adjudged a dependent child of the court  
               pursuant to Welfare and Institutions Code (WIC) § 300(b)(2)  
               and may be taken into temporary custody pursuant to WIC §  
               305(a), if the conditions allowing temporary custody  
               without warrant are met.




          Related  
          Legislation:  SB 1064 (Hancock) 2016 would eliminate the sunset  
          date on the discretionary Sexually Exploited Minors Pilot  
          Project in Alameda County, and expand the program statewide to  
          operate indefinitely. SB 1064 would expand the definition of  
          "commercially sexually exploited minor" served by the program to  
          include, among others, minors who have been adjudged dependents  
          of the juvenile court. SB 1064 is pending on the Suspense File  
          of this Committee.
          AB 1675 (Stone) 2016 would require a probation officer, in a  
          case in which a minor is alleged to have committed the crime of  
          solicitation, prostitution, or loitering with the intent to  
          commit prostitution, to provide informal supervision for the  
          minor, instead of requesting that the prosecutor file a petition  








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          declaring the minor to be a ward of the juvenile court. AB 1675  
          is pending hearing in the Assembly Appropriations Committee.


          AB 1730 (Atkins) 2016 would authorize a chief probation officer  
          of a county to create a program to provide services to youth  
          within the county relating to the commercial sexual exploitation  
          of youth. Funding for the program is contingent upon an  
          appropriation in the annual Budget Act, to be administered by  
          the Board of State and Community Corrections. AB 1730 is pending  
          on the Suspense File of the Assembly Appropriations Committee.


          AB 1731 (Atkins) 2016 would create the Statewide Interagency  
          Human Trafficking Task Force to gather statewide data on human  
          trafficking, to recommend interagency protocols and best  
          practices for training and outreach to law enforcement, victim  
          service providers, and other state and private sector employees  
          likely to encounter sex trafficking, and to evaluate and  
          implement approaches to increase public awareness about human  
          trafficking. AB 1731 is pending on the Suspense File of the  
          Assembly Appropriations Committee.


          AB 1760 (Santiago) 2016 directs a peace officer who determines  
          that a minor is a victim of human trafficking to report such  
          abuse, consult with a child welfare worker about a safe  
          placement for the minor, and transport the minor to such  
          placement, unless the minor is otherwise arrested. AB 1760 is  
          pending hearing in the Assembly Appropriations Committee.


          Prior Legislation:  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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          Staff Comments:  This bill provides that "a commercially  
          exploited child under this paragraph may be adjudged a dependent  
          child of the court pursuant to Welfare and Institutions Code  
          (WIC) § 300(b)(2) and may be taken into temporary custody  
          pursuant to WIC § 305(a), if the conditions allowing temporary  
          custody without warrant are met."


          Staff notes it is unclear whether every child potentially  
          impacted by this measure would necessarily be adjudged a  
          dependent child of the court under the specified provision of  
          WIC § 300(b)(2), which states:


              The Legislature finds and declares that a child who  
              is sexually trafficked, as described in Section 236.1  
              of the Penal Code, or who receives food or shelter in  
              exchange for, or who is paid to perform, sexual acts  
              described in Section 236.1 or 11165.1 of the Penal  
              Code, and whose parent or guardian failed to, or was  
              unable to, protect the child, is within the  
              description of this subdivision, and that this  
              finding is declaratory of existing law. These  
              children shall be known as commercially sexually  
              exploited children.


          To ensure a child who is otherwise subject to potential harm due  
          to the abuse or neglect of a parent or guardian under the  
          general dependency statutes, even if not specifically meeting  
          the criteria under WIC § 300(b)(2), may still be adjudged a  
          dependent child of the court and taken into temporary custody  
          for his or her protection, the author may wish to consider an  
          amendment to specify that any child impacted by the provisions  
          of this bill may be adjudged a dependent child of the court  
          pursuant to any of the provisions of WIC § 300, which would  
          include WIC § 300(b)(2).




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