BILL ANALYSIS
AB 499
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 499 (Swanson)
As Amended July 10, 2008
Majority vote
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|ASSEMBLY: |72-0 |(January 29, |SENATE: |36-0 |(August 5, |
| | |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 soliciting an act
of prostitution into supervised counseling and treatment
programs.
The Senate amendments :
1)Specify that sexually exploited minors must be employed, used,
persuaded, induced, or coerced to engage in prostitution, live
sexual performance, or engage in pornography by another.
2)Delete the crime of supervising a person engaged in soliciting
an act of prostitution from the specified qualifying offenses.
3)Specify the intent of the Legislature 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 and assess commercially sexually exploited children
who have been arrested or detained by local law enforcement.
4)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 or loitering
with intent to commit prostitution.
5)State that the District Attorney 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
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commercial sexual exploitation.
6)Permit the District Attorney 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.
7)Authorize the District Attorney 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 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.
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 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.
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
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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 through and after release.
4)Specified 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)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
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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: 0006035