BILL ANALYSIS �
AB 799
Page 1
Date of Hearing: April 5, 2011
Consultant: Stefani Salt
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 799 (Swanson) - As Introduced: February 17, 2011
SUMMARY : Extends the repeal date of a provision in existing
law that authorizes the Alameda County District Attorney to
create a pilot project, contingent upon local funding, for the
purposes of developing a comprehensive, replicative,
multidisciplinary model to address the needs and effective
treatment of commercially sexually exploited minors, as
specified. Specifically, this bill changes the repeal date from
January 1, 2012 to January 1, 2017.
EXISTING LAW :
1)Allows the Alameda County District Attorney to create a pilot
project, contingent on local funding, for the purposes of
developing a comprehensive, replicative, multidisciplinary
model to address the needs and effective treatment of
commercially sexually exploited minors. �Welfare and
Institutions Code (WIC) Section 18259.]
2)Defines "commercially sexually exploited minor" for purposes
of the Alameda County pilot project as a person under the age
of 18 who has been abused, as specified, and who has been
detained for a violation of the law or placed in a civil hold
for specified offenses. (WIC Section 18259.3.)
3)Creates a sunset date for the Alameda County pilot project of
January 1, 2012. (WIC Section 18259.5.)
4)States that "sexual exploitation" refers to a person who
knowingly promotes, aids, or assists, employs, uses,
persuades, induces, or coerces a child, or a person
responsible for the welfare of a child, who knowingly permits
or encourages a child to engage in, or assist others to engage
in, prostitution or a live performance involving obscene
sexual conduct, or to either pose or model alone or with
others for purposes of preparing a film, photograph, negative,
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slide, drawing, painting or other pictorial depiction
involving obscene sexual conduct. �Penal Code Section
11165.1(c)(2).]
5)Defines the following as "disorderly conduct," a misdemeanor
(Penal Code Section 647):
a) Solicitation of any person to engage in or who
engages in lewd or dissolute conduct in a public place or
in any place open to the public or exposed to public
view; and,
b) Solicitation or agreement to engage in or engagement
in an act of prostitution. A person agrees to engage in
an act of prostitution when, with specific intent to so
engage, he or she manifests an acceptance of an offer or
solicitation to so engage, regardless of whether the
offer or solicitation was made by a person who also
possessed the specific intent to engage in prostitution.
No agreement to engage in an act of prostitution shall
constitute a violation of this subdivision unless some
act, in addition to the agreement, is done within this
state in furtherance of the commission of an act of
prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution"
includes a lewd act between persons for money or other
consideration.
6)Prohibits loitering in any public place with the intent to
commit prostitution. (Penal Code Section 653.22.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 499 opened a
very important door for commercially sexually exploited
children (CSEC) in Alameda County as well as other children
trafficked from other counties and states into Oakland, which
is widely recognized as an epicenter of child sex trafficking.
As a result of the passage of AB 499, the Alameda County
District Attorney's Office (A.C.D.A.O.) has been able to
develop a comprehensive system response that directs CSEC away
from the criminal justice system and into programs offering
specialized services essential for the stabilization, safety,
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and recovery of these vulnerable children.
"By acknowledging that commercially sexually exploited
children (CSEC) are victims, and not criminals, AB 499 sends
an important message that brings our entire state one step
closer towards combating one of the most serious epidemics
threatening our youth -- the sale of children for sex. AB 499
codifies what is considered a "Best Practice" in Alameda
County and now in other parts of our state as well, directing
minors away from prosecution and incarceration and into a
diversion program that: acknowledges their victimization,
responds to their specific experience, involves them in
programs designed to empower and heal them, and offers them
services designed to meet their specialized needs.
"As a result of the passage of AB 499, other jurisdictions are
now also implementing the best practices codified in this
pilot program, which is now considered a model throughout our
State. Most recently, Los Angeles County spearheaded SB 1279,
which passed and replicates AB 499. Los Angeles County
officials have also requested technical assistance from
Alameda County to implement a compatible model for responding
to CSEC cases in their jurisdiction. The extension of AB 499
will provide continued inspiration for other jurisdictions to
codify and implement this best practice."
2)Background : According to background provided by the author,
"The pilot project established by AB 499 will sunset on
January 1, 2012. �This bill] will extend the sunset by five
years to maintain the integrity and continuity of this
important diversion program."
According to the author, "There is currently no protocol within
California's Juvenile Justice System to assess and determine
if a minor has been a victim of sexual exploitation. Without
appropriate assessment by the juvenile courts and social
services agencies, these youth continue to live in cycles of
abuse leading to a lifetime of crime.
"Currently, state laws do not specifically address minors who
have been sexually exploited as victims. Instead, law
requires authorities to release the minor within 48 hours of a
minor who is suspected of abuse or neglect, unless a petition
to declare him or her a dependent child has been filed. No
allowance is made for the delivery of specialized services
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that meet the needs of sexually exploited children. . . .
"The pilot project, which has succeeded to generate reliable
data specifically designed to identify Sexually Commercially
Exploited Minors within the juvenile justice system is being
used as a model program throughout the state. The program is
an instructive resource to demonstrate and document the nature
of sexual exploitation of minors and shift our state policy
toward protecting and identifying these children as victims,
rather than criminals."
3)Status of Alameda County Pilot Project : The pilot project
authorized under AB 499 (Swanson), Chapter 359, Statutes of
2008, is part of a larger project called "H.E.A.T (Human
Exploitation and Trafficking) Watch." H.E.A.T Watch is "an
innovative, multi-level blueprint designed to combat the
H.E.A.T. epidemic victimizing our youth, plaguing our
communities, and impacting our businesses." �A.C.D.A.O,
Alameda County District Attorney's Office Unveils H.E.A.T.
Watch, (as of March 31, 2011).]
In a March 23, 2011 progress report on the AB 499 Diversion
Program, the A.C.D.A.O stated: "As a result of the passage of
AB 499, the �A.C.D.A.O.] has been able to develop a
comprehensive system response that directs CSEC away from the
criminal justice system and into programs offering specialized
services essential for the stabilization, safety, and recovery
of these vulnerable children. . . .
"Raising awareness and creating the infrastructure necessary to
respond to this epidemic is an important first step. Though
funding has until recently been lacking for Alameda County to
launch a formal diversion program, the passage of AB 499
enabled A.C.D.A.O. to officially commence the necessary and
important process of collaborating with systems and community
based organizations (CBOs) to forge alliances, build
infrastructure, and design an effective and responsive
program. Since the passage of AB 499, A.C.D.A.O. staff and
Consultant Julie Posadas Guzman convened working groups to
assess the existing response and discuss the design and
implementation of a Diversion Program acceptable to all key
partners . . . After much productive discussion and
thoughtful deliberation, Julie Guzman of JPG Consultants
produced a Concept Paper setting forth the design and
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recommendations for the AB 499 Diversion Program. . . .
"In partnership with Child Abuse Interviewing, Listening and
Coordination Center (CALICO), A.C.D.A.O. recently applied for
and obtained a federal grant to pilot the program for a 1 year
run starting in April 2011. CSEC girls have been identified
for the program and Alameda County Presiding Juvenile Judge
Trina Thompson and Judge Tara Desautels, who have taken a
leadership role in facilitating and implementing the Diversion
Program, will be handling all AB 499 Diversion Court cases in
another new model program underway in Alameda County - Girls
Court. AB 499 provided the impetus for Girls Court, which
will prove to be an ideal forum for the identification,
recovery, and decriminalization of CSEC in the Diversion
Program. The extension of AB 499 will support the success of
the Diversion Program and Girl's Court.
"Despite the absence of funding and a formalized Diversion
Program, the existence of AB 499 strongly supported the
A.C.D.A.O.'s ongoing commitment to ensure CSEC receive
necessary supports and programs that address their
individualized needs. A.C.D.A.O.'s partnership with the City
of Oakland's Measure Y Initiative has enabled hundreds of
identified CSEC to be referred to CBOs . . . 2008-2010 data
from the City of Oakland showed over 400 identified CSEC were
referred to community based services in the county.
"Even with the Diversion Program 'under construction,' AB 499
produced impressive results. A.C.D.A.O. Deputy District
Attorney Ursula Dixon, who was in charge of launching the AB
499 Program, estimates that from February 2009 to October
2010, she saw close to 100 CSEC and half of those children
were amenable to diversion, meaning they were willing to
receive services and did not have a juvenile history or other
pending cases which would preclude their participation in a
services only response. Quantifying the results of AB 499
beyond this number has been a challenge due to lack of data
compilation and information sharing between agencies such as
Probation and Social Services. Since AB 499 enabled agencies
to start sharing aggregate data on this population, the
extension of the legislation will enable more in depth and
accurate numbers related to CSEC who interface with multiple
systems and agencies within both the �jurisdiction] and the
region.
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"The existence of AB 499 has also supported A.C.D.A.O.'s
efforts to bring together key stakeholders to develop a
comprehensive system response that diverts CSEC away from
criminalization while decreasing their continued risk of
re-victimization and recidivism. For example, AB 499 enabled
the A.C.D.A.O. to convene county agencies such as law
enforcement, Probation, Social Services, Public Defender, and
CSEC specific CBOs to review all cases �where] CSECs have been
identified by law enforcement in the jurisdiction. "These
'Safety Net' meetings commenced in January of 2011. To date,
over 50 CSEC cases have been assessed through this innovative
multi-disciplinary team (MDT) model and CSEC are currently
being identified in Safety as appropriate candidates for the
Diversion Program. Since many of the youth identified in
Safety Net are not residents of Alameda County, A.C.D.A.O. has
also utilized information attained from these weekly meetings
to develop strategic partnerships and share best practices
with neighboring counties for CSEC cases that are
multi-jurisdictional in nature."
4)Lack of Pretrial Diversion for Juvenile Offenses without
Programs such as AB 499 : For violations of certain specified
crimes, an adult defendant may be eligible to participate in a
diversion program. (Penal Code Sections 1001 to 1001.9.)
Diversion is the suspension of criminal proceedings for a
prescribed time period with certain conditions which must be
met. If the defendant is unsuccessful, criminal proceedings
resume. If diversion is successfully completed, the criminal
charges are dismissed and the defendant may, with certain
exceptions, legally answer that he or she has never been
arrested for or charged with the diverted offense. (Penal
Code Section 1001.9.) A fee to the court and a separate fee
to the program are usually required. The benefits and
protections of a successful diversion are to be given broad
application. �B.W. v. Board of Medical Quality Assurance
(1985) 169 Cal.App.3d 219.]
Without programs such as those established by AB 499 and SB 1279
(Pavley), Chapter 116, Statutes of 2010, juveniles are not
afforded an opportunity to participate in pretrial diversion
programs. Alternatively, juveniles are afforded the
opportunity to participate in supervised informal probation
proceedings. (WIC Section 654 et seq.) Additionally,
juveniles facing petitions may participate in deferred entry
of judgment proceedings. (WIC Section 790.) For deferred
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entry of judgment, the juvenile must actually enter a plea of
guilty. In place of finding the juvenile guilty, the judge
does not enter the guilty finding and instead permits the
juvenile to participate in programs as supervised by the
probation department. Upon successful completion of the
programs, the matter is dismissed. Informal probation differs
in that the juvenile does not have to plead guilty in order to
participate in the program, and upon successful completion the
matter is dismissed without a guilty plea ever being entered
in the record.
5)Previous Legislation :
a) SB 1279 (Pavley), Chapter 116, Statutes of 2010,
replicated AB 499's pilot program in Los Angeles County.
b) AB 499 (Swanson), Chapter 359, Statutes of 2008,
established a pilot project in Alameda County to create,
implement, and deliver standardized training curricula that
would provide a protocol for law enforcement and social
services to assess and recognize sexually exploited minors
within the juvenile justice system.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Board of Supervisors
California District Attorneys Association
California Police Chiefs Association
California Probation, Parole and Correctional Association
California State Sheriffs' Association
Child Abuse Prevention Center
Junior Leagues of California, State Public Affairs Committee
Opposition
None
Analysis Prepared by : Stefani Salt / PUB. S. / (916) 319-3744
AB 799
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