BILL NUMBER: AB 499 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 29, 2008
AMENDED IN ASSEMBLY JANUARY 9, 2008
AMENDED IN ASSEMBLY JANUARY 7, 2008
INTRODUCED BY Assembly Member Swanson
FEBRUARY 20, 2007
An act to add and repeal Chapter 4.3 (commencing with Section
18259) of Part 6 of Division 9 of the Welfare and Institutions Code,
relating to sexually exploited minors.
LEGISLATIVE COUNSEL'S DIGEST
AB 499, as amended, Swanson. Sexually exploited minors.
Existing law declares the findings of the Legislature that there
is a need to develop programs to ameliorate, reduce, and ultimately
eliminate the trauma of child sexual abuse, and that, for the
purposes of developing and providing these programs and services, and
for the training of, and providing information to, city and county
personnel throughout the state, it is necessary to expand specified
services.
This bill would create a pilot project, to remain
in effect until January 1, 2012, which may be
implemented within the County of Alameda , contingent upon
local funding, for the purposes of creating, implementing, and
delivering a standardized training curriculum that will provide
training for certain county employees on the sexual exploitation of
minors in Alameda County, including state certification of
sexually exploited minor crisis counselors, upon appropriation, and
as specified. By adding to the duties of county
employees, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.3 (commencing with Section 18259) is added to
Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 4.3. SEXUALLY EXPLOITED MINORS PILOT PROJECT
18259. (a) There is hereby created a pilot project in the County
of Alameda which may be implemented, contingent upon local
funding, for the purposes of creating, implementing, and
delivering a standardized training curriculum that will provide
training on the sexual exploitation of minors in Alameda County, and
in accordance with current law, the district attorney shall
may establish a Section 654 program for sexually
exploited minors who are otherwise eligible under Section 654. The
standardized training curriculum shall may
include, but not be limited to, advocacy or case planning,
including advocacy from the point of detainment, court advocacy,
advocacy and joint case planning with probation officers, developing
and understanding case studies, and intensive case management and
advocacy throughout any legal process involving the district attorney'
s office and law enforcement, deprogramming, empowerment, including
surviving child sexual exploitation workshop series, self-sufficiency
workshop series, and self-discovery and self-esteem-based workshop
series, intensive case management, including working with a child
welfare worker or parents and probation officers on placement
options, educational options, employment options, engagement
activities, and other services recommended for the minor or requested
by the minor commencing with the custody process and continuing
through and after release.
(b) The pilot project in District Attorney
of the County of Alameda shall , in
collaboration with the appropriate community partners, may
design and create a training curriculum for advocates and case
managers consisting of a 40-hour sexually exploited minor crisis
counseling training. The training shall be administered by a
nonprofit organization that is established specifically to serve
sexually exploited children and will include the state
certification of sexually exploited minor crisis counselors upon
completion of the 40-hour training . The 40-hour sexually
exploited minor crisis counseling training shall include, but not be
limited to, understanding child sexual exploitation or commercial
child sexual exploitation, the impact of child sexual exploitation or
commercial child sexual exploitation, understanding childhood sexual
abuse, overview of sexual assault or rape, suicide prevention,
sexually exploited minors interfacing with law enforcement and the
child welfare and juvenile justice systems, domestic violence and
sexually exploited minors, sexually exploited minors with
disabilities, crisis intervention, substance abuse and sexually
exploited children, overview of post-traumatic stress disorder,
survivors of childhood sexual abuse, lesbian, gay, questioning,
bisexual, and transgendered sexually exploited children, sexually
exploited children from immigrant families, and mandated reporting.
(c) The standardized training shall be designed
made available for law enforcement, in cooperation with
police officer standards training, for prosecutors and public
defenders, in cooperation with the California District Attorneys
Association and the Prosecutors and Public Defenders Education and
Training Program created under Title 1.5 (commencing with Section
11500) of Part 4 of the Penal Code, for the judiciary, in cooperation
with the Judicial Council and the Administrative Office of the
Courts, for social service providers and probation officers, in
cooperation with the California Probation, Parole and Correctional
Association, and for advocates, in cooperation with local rape crisis
centers and domestic violence service providers.
(d) Implementation of this chapter is contingent upon existing
resources or the enactment of another statute that provides
sufficient funding for the pilot project.
18259.3. For purpose purposes of
this chapter, "sexually exploited minor" means a person under 18
years of age who has been detained for a violation of the law or
placed in civil protective custody on a safety hold based only on a
violation of subdivision (a) or (b) of Section 647, subdivision (a)
of Section 653.22, or subdivision (a) of Section 653.23 of the Penal
Code.
18259.5. This chapter shall be in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, enacted on or before January 1, 2012, deletes or extends
that date.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.