BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 499|
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THIRD READING
Bill No: AB 499
Author: Swanson (D)
Amended: 7/10/08 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/10/08
AYES: Romero, Margett, Cedillo, Cogdill, Perata
ASSEMBLY FLOOR : 72-0, 1/29/08 - See last page for vote
SUBJECT : Sexually exploited minors pilot project
Alameda County
SOURCE : Alameda Country District Attorney
DIGEST : This bill statutorily authorizes a discretionary
pilot project in Alameda County to encourage the
development of a comprehensive, replicative,
multidisciplinary model reflecting the best practices for
the response of law enforcement and the criminal and
juvenile justice systems to identify, assess and address
the needs of commercially sexually exploited children who
have been arrested or detained by local law enforcement, as
specified.
Senate Floor Amendments of 7/10/08 tighten the bill's
definitional cross-references to existing statutory
provisions pertaining to prostitution. The amendments are
technical in nature and do not affect the policy of the
bill.
CONTINUED
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ANALYSIS : Under current law, the purpose of juvenile
court law "is to provide for the protection and safety of
the public and each minor under the jurisdiction of the
juvenile court and to preserve and strengthen the minor's
family ties whenever possible, removing the minor from the
custody of his or her parents only when necessary for his
or her welfare or for the safety and protection of the
public." (Welfare and Institutions Code ("WIC") 202.)
Minors under the jurisdiction of the juvenile court as
a consequence of delinquent conduct skills shall, in
conformity with the interests of public safety and
protection, receive care, treatment, and guidance that
is consistent with their best interest, that holds them
accountable for their behavior, and that is appropriate
for their circumstances. This guidance may include
punishment that is consistent with the rehabilitative
objectives of this chapter. (Id.)
Current law expressly defines the scope and nature of
"punishment" in the juvenile court:
As used in this chapter, "punishment" means the
imposition of sanctions. It shall not include a court
order to place a child in foster care as defined by
Section 727.3. Permissible sanctions may include the
following:
(1) Payment of a fine by the minor.
(2) Rendering a compulsory service without
compensation performed for the benefit of the
community by the minor.
(3) Limitations on the minor's liberty imposed as a
condition of probation or parole.
(4) Commitment of the minor to a local detention of
treatment facility, such as a juvenile hall, camp,
or ranch.
(5) Commitment of the minor to the Department of the
Youth Authority.
"Punishment," for the purpose of this chapter, does not
include retribution. (Id.)
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Current law provides that when a minor is adjudged a
delinquent ward of the court, "the court may make any and
all reasonable orders for the care, supervision, custody,
conduct, maintenance, and support of the minor, . . . ."
(WIC 727.) The juvenile court has broad discretion in
imposing probation conditions. ( In re Josue S. (1999) 72
Cal.App.4th 168.)
This bill establishes the "Sexually Exploited Minors Pilot
Project," with the following features:
Model to Address Needs and Treatment of Commercially
Sexually Exploited Minors
This bill expressly authorizes 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 subdivision (a) or (b) of
Section 647, subdivision (a) of Section 653.22, or
subdivision (a) of Section 653.23 of the Penal Code.
Development of Protocols for Identifying and Assessing
Minors
This bill expressly states that the "District Attorney of
the County of Alameda, in collaboration with county and
community-based agencies, may develop, as a component of
the pilot project described in this chapter, protocols for
identifying and assessing minors, upon arrest or detention
by law enforcement, who may be victims of commercial sexual
exploitation."
Development of a Diversion Program Reflecting Best
Practices to Address Needs of Arrested or Detained Minors
Who Have Been Commercially Sexually Exploited
This bill expressly states that the "District Attorney of
the County of alameda, in collaboration with county and
community-based agencies that serve commercially sexually
exploited minors, may develop, as a component of the pilot
project described in this chapter, a diversion program
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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."
Multidisciplinary Teams to Develop and Provide Training
Curriculum
This bill expressly states that the "District Attorney of
the County of Alameda, in collaboration with county and
community-based agencies, may form, as a component of the
pilot project described in this chapter, a
multidisciplinary team including, but not limited to, city
police departments, the county sheriff's department, the
public 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 both of the following:
1.Develop a training curriculum reflecting the best
practices for identifying and assessing minors who may be
victims of commercial sexual exploitation.
2.Offer and provide this training curriculum through
multidisciplinary teams 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.
Definition of "Commercially Sexually Exploited Minor"
This bill provides that, for purposes of the chapter it
creates, "commercially 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, all of which relate to prostitution and pimping
crimes.
Sunset
This bill provides a sunset of January 1, 2012.
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Legislative Intent
This bill states in uncodified language that it is "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 systems to identify and assess
commercially sexually exploited children who have been
arrested or detained by local law enforcement."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/10/08)
Alameda County District Attorney (source)
Alameda County Board of Supervisors
American College of obstetricians and Gynecologists
District IX
California Commission on the Status of Women
California National Organization for Women
City of Oakland Department of Human Services
Mayor of the City of Oakland
Planned Parenthood Affiliates of California
Planned Parenthood Golden Gate
Planned Parenthood of San Diego and Riverside Counties
Taxpayers for Improving Public Safety
Crime Victims United of California
ARGUMENTS IN SUPPORT : The author's office states, "AB
499 seeks to respond to the specialized needs of sexually
exploited children that focus on victimization rather than
criminalization. As it stands, minors who are detained for
prostitution go through the Juvenile Justice system with
little opportunity for healing and recovery. There has
been a rapid increase in California of the number of
children being sexually exploited, especially in the form
of child prostitution and pornography."
ASSEMBLY FLOOR :
AYES: Aghazarian, Anderson, Arambula, Bass, Beall, Benoit,
Berg, Berryhill, Blakeslee, Brownley, Caballero, Charles
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Calderon, Carter, Cook, Coto, De La Torre, De Leon,
DeSaulnier, DeVore, Duvall, Dymally, Emmerson, Eng,
Evans, Feuer, Fuentes, Galgiani, Garcia, Garrick,
Hancock, Hayashi, Hernandez, Horton, Houston, Huff,
Huffman, Jones, Karnette, Keene, Krekorian, La Malfa,
Laird, Leno, Levine, Lieber, Lieu, Ma, Maze, Mendoza,
Mullin, Nakanishi, Nava, Niello, Parra, Plescia,
Portantino, Price, Ruskin, Salas, Saldana, Silva, Smyth,
Solorio, Spitzer, Strickland, Swanson, Torrico, Tran,
Villines, Walters, Wolk, Nunez
NO VOTE RECORDED: Adams, Davis, Fuller, Gaines, Jeffries,
Sharon Runner, Soto, Vacancy
RJG:cm 7/8/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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