BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 499
                                                                  Page  1

          Date of Hearing:   January 24, 2008

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                   AB 499 (Swanson) - As Amended:  January 9, 2008 

          Policy Committee:                              Public Safety  
          Vote:        5-1

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          As proposed to be amended, this bill:

          1)States that in accordance with current law, the Alameda County  
            District Attorney  may  establish a program of supervision as  
            defined in Welfare and Institutions Code Section 654 (informal  
            court probation) for sexually exploited minors (under the age  
            of 18) accused of prostitution offenses.  

          2)Creates a pilot project in Alameda for a standardized training  
            curricula, as specified, to provide training on the sexual  
            exploitation of minors accused of prostitution offenses in  
            Alameda County and other counties,  contingent upon local  
            funding  . The training shall be administered by a nonprofit  
            organization that serves sexually exploited children.  

          3)States that the standardized training shall also  be made  
            available  to law enforcement, prosecutors and public  
            defenders, the judiciary, social service providers and  
            probation officers. 

           FISCAL EFFECT  

          No direct state cost. The informal court probation program is  
          permissive, and could be implemented under current law. The  
          training curriculum pilot is contingent upon local funding, and  
          actual implementation and use of the curriculum is not required.  


           COMMENTS  









                                                                  AB 499
                                                                  Page  2

           1)Rationale  . The author's intent is to emphasize and highlight  
            the sexual exploitation of minors involved in prostitution,  
            rather than the prosecution of these minors, via a specific  
            training curriculum and alternative criminal disposition. The  
            author contends that codifying similar efforts already  
            underway in Alameda County will expedite the process.

           2)Amendments  .

             a)   Make the informal probation program  permissive  , rather  
               than mandatory.
             b)   Specify the bill is contingent upon local funding 
             c)   Specify the training curriculum  may  include specific  
               components. 
             d)   Specify the district attorney shall design the training  
               curriculum, in collaboration with specified partners. 
             e)   Delete the requirement for state certification of  
               sexually exploited minor counselors. 
             f)   Specify the training be made available, rather than  
               designed for, law enforcement, prosecutors and defense  
               attorneys, the judiciary, and social service providers.

              

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081