BILL ANALYSIS
AB 499
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CONCURRENCE IN SENATE AMENDMENTS
AB 499 (Swanson)
As Amended June 17, 2008
Majority vote
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|ASSEMBLY: |72-0 |(January 29, |SENATE: |35-0 |(June 26, |
| | |2008) | | |2008) |
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Original Committee Reference: PUB. S.
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.
The Senate amendments :
1)Specify the intent of the Legislature to encourage the
development of a comprehensive, multidisciplinary model
reflecting the best practices for the response of law
enforcement and the criminal and juvenile justice systems to
identify and assess commercially sexually exploited children who
have been arrested or detained by local law enforcement.
2)Permit the County of Alameda, contingent upon local funding, to
establish a pilot project consistent with this chapter to
develop a comprehensive, 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 violation of prostitution, loitering with
intent to commit prostitution, and supervising or aiding a
prostitute.
3)State that the District Attorney (DA) of the County of Alameda
may develop protocols for identifying and assessing minors, upon
arrest or detention by law enforcement, who may be victims of
commercial sexual exploitation.
4)Permit the DA of the County of Alameda 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.
5)Authorize the DA of the County of Alameda to form a
multidisciplinary team including, but not limited to, city
police departments, the county sheriff's department, the public
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defender's office, the probation department, child protection
services, and community-based organizations that work with or
advocate for commercially sexually exploited minors, to do the
following:
a) Develop a training curriculum reflecting the best
practices for identifying and assessing minors who may be
victims of commercial sexual exploitation; and,
b) Provide this training 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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Created 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.
2)Stated that in accordance with current law, the DA for Alameda
County may establish a program of supervision as defined in
Welfare and Institutions Code Section 654 (informal court
probation) for sexually exploited minors accused of prostitution
offenses.
3)Stated 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 DA'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; and,
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)Specified that the DA 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
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of a 40-hour sexually exploited minor crisis counseling
training.
5)Stated that the training shall be administered by a nonprofit
organization that is established specifically to serve sexually
exploited children.
6)Specified 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)Stated 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 and domestic violence service providers.
FISCAL EFFECT : None
COMMENTS : Please see the policy committee analysis for full
discussion of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744 FN:
0005432