BILL ANALYSIS
AB 499
Page 1
(Without Reference to File)
ASSEMBLY THIRD READING
AB 499 (Swanson)
As Amended January 29, 2008
Majority vote
PUBLIC SAFETY 5-1 APPROPRIATIONS 11-0
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|Ayes:|Solorio, Aghazarian, De |Ayes:|Leno, Caballero, Davis, |
| |La Torre, Ma, Portantino | |DeSaulnier, Huffman, |
| | | |Karnette, Krekorian, |
| | | |Lieu, Ma, Nava, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Anderson | | |
| | | | |
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SUMMARY : Creates a pilot project in Alameda County which may be
implemented contingent upon local funding for the purpose of
diverting sexually exploited minors accused of prostitution
offenses into supervised counseling and treatment programs.
Specifically this bill :
1)States that in accordance with current law, the District
Attorney for Alameda County may establish a program of
supervision as defined in Welfare and Institutions Code (WIC)
Section 654 (informal court probation) for sexually exploited
minors accused of prostitution offenses.
2)Creates a pilot project in the County of Alameda which may be
implemented contingent upon local funding for the purpose of
creating, implementing, and delivering standardized training
curricula that will provide training on the sexual exploitation
of minors in Alameda County and other counties, as funding
permits.
3)States that the standardized training curricula may include
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
AB 499
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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 through and after release.
4)Specifies that the District Attorney of the County of Alameda,
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.
5)States that the training shall be administered by a nonprofit
organization that is established specifically to serve sexually
exploited children.
6)Specifies that 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.
7)States that the standardized training shall be made available
for law enforcement, in cooperation with police officer
standards training, for prosecutors and public defenders, in
cooperation with the Prosecutors and Public Defenders Education
and Training Program and the California District Attorneys
Association; 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
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and domestic violence service providers.
EXISTING LAW :
1)Permits in any case in which a probation officer, after
investigation of an application for a petition or any other
investigation he or she is authorized to make concludes that a
minor is within the jurisdiction of the juvenile court or will
probably soon be within that jurisdiction, the probation officer
may, in lieu of filing a petition to declare a minor a dependent
child of the court or a minor or a ward of the court, with
consent of the minor and the minor's parent or guardian,
delineate specific programs of supervision for the minor, for
not to exceed six months, and attempt thereby to adjust the
situation which brings the minor within the jurisdiction of the
court or creates the probability that the minor will soon be
within that jurisdiction.
2)States that if a petition has been filed by the prosecuting
attorney to declare a minor a ward of the court, the court may,
without adjudging the minor a ward of the court and with the
consent of the minor and the minor's parents or guardian,
continue any hearing on a petition for six months and order the
minor to participate in a program of supervision as set forth
above.
3)Mandates that when a minor is taken into custody by a peace
officer or probation officer, the minor shall be released within
48 hours after having been taken into custody unless a petition
to declare the child a dependant of the court has been filed.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no state cost as the bill is explicitly contingent upon
local funding.
COMMENTS : Please see the policy committee analysis for full
discussion of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003952