BILL ANALYSIS �
SB 114
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Date of Hearing: June 11, 2013
Consultant: Martin R. Vindiola
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 114 (Pavley) - As Amended: April 10, 2013
SUMMARY : Extends the sunset date by 3 years for the
discretionary pilot project in Los Angeles County regarding the
development of a comprehensive, multidisciplinary model
reflecting the best practices for the response of law
enforcement and the criminal 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. Specifically, this bill :
1) Changes the sunset date from January 1, 2014 to January 1,
2017.
2) Extends the date by which the District Attorney for Los
Angeles County must file the report on the pilot project from
April 1, 2013 to April 1, 2016.
EXISTING LAW :
1)Authorizes the County of Los Angeles 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 who have been arrested
or detained by local law enforcement for a prostitution
offense. [Welfare and Institutions Code (WIC) Section
18259.7(a).]
2)Allows the Los Angeles County District Attorney to develop, in
collaboration with the county and community-based agencies
protocols for identifying and assessing minors who may be
victims of commercial sexual exploitations, upon their arrest
or detention by law enforcement. [WIC Section 18259.7(b).]
3)Permits the Los Angeles County District Attorney, in
collaboration with county and community-based agencies to
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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. [WIC Section 18259.7(c).]
4)Allows the Los Angeles County District Attorney in
collaboration with county and community-based agencies to form
a multidisciplinary team including, but not limited to, city
police departments, county sheriff's department, the public
defender's office, the probation department, child protective
services and the community-based organizations that work with
or advocate for sexually exploited minors. This team will do
both of the following: [WIC Section 18259.7(d)(1)(2)]
a) Develop a training curriculum reflecting best practices
for identifying and assessing minors who may be victims of
commercial sexual exploitation; and,
b) 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.
5)Requires the Los Angeles District Attorney's Office to submit
a report to the Legislature on or before April 1, 2013, that
summarizes his or her activities with relation to the pilot
project to assist the Legislature in determining whether the
pilot project should be extended or expanded to other
counties. [WIC Section 18259.7(e).]
6)Requires the Los Angeles District Attorney's Office report to
include the number of sexually exploited minors, if any,
diverted by the program authorized in subdivision (c), and a
summary of the types of services and alternate treatments
provided to those minors. The report shall be contingent upon
local funding, and shall be required only if the County of Los
Angeles establishes a pilot project and the district attorney
performs any of the activities of the pilot project
authorized. The report shall not include any information that
would reveal the identity of a specific sexually exploited
minor. [WIC Section 18259.7(e).]
7)Sunsets the Los Angeles County pilot project on January 1,
2014. [WIC Section 18259.10(b).]
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 114 seeks to
extend the sunset date on the Los Angeles County pilot program
for sexually exploited youth. Currently, the program is set to
sunset on January 1, 2014. This bill would extend the sunset
by three years."
2)Background : According to the Los Angeles County Probation
Department , "In recognition that over the past several years,
Los Angeles County has had a significant increase in the
number of sexually trafficked youth, Probation Department
staff have been working collaboratively with the ICAN Domestic
Minor Human Trafficking Committee, Juvenile Courts, FBI
Innocence Lost LA Taskforce (ILTF), the District Attorney's
Office, Department of Children and Family Services (DCFS),
Department of Mental Health (DMH), Department of Health
Services (DHS), and representatives from various local law
enforcement agencies with a focus on developing an effective
diversion process and rehabilitative services for sexually
exploited DCFS and Probation youth in Los Angeles County.
In June 2011, Probation and Delinquency Courts applied
separately for Title II funding to develop a pilot project to
begin to address the needs of sexually exploited youth. The
pilot includes health, mental health assessment, enhanced
supervision, focused treatment and services, either within a
placement program or in the community, as well as mentoring
and aftercare.
On November 10, 2011, Probation and Juvenile Courts were each
awarded Title II funding of $350,000 per year, for a maximum
three-year period, to implement a comprehensive
multidisciplinary program for sexually trafficked females in
the Juvenile Justice System.
()
3)Implementation Diversion Efforts Pursuant to SB 1279 :
According to the Los Angeles County Probation Department ,
"Senate Bill 1279 (Pavley), signed by the Governor in July
2010, provides statutory authority to the Los Angeles County
District Attorney to engage with the County departments to
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develop a pilot program to address diversion and treatment of
sexually exploited minors. The District Attorney has
assembled a multidisciplinary team, including representatives
from Probation, DCFS, DMH, Los Angeles Superior Court, Public
Defender's Office, County Counsel, Non-Governmental
Organizations, and City and County Law enforcement agencies,
to work collaboratively in this critical endeavor to rescue,
rehabilitate, and restore trafficked youth. The District
Attorney's Office and its collaborative partners are in the
process of:
a) Developing protocols for identifying and assessing
minors upon arrest and detention by law enforcement who may
have been victims of commercial sexual exploitation;
b) Developing a diversion program to address the needs and
requirements of these arrested or detained minors; and
c) Forming a multidisciplinary team consisting of police,
Probation, DCFS, the Public Defender, and others who work
with and advocate for these children, to develop and
provide a training curriculum reflecting best practices to
identify and assess minors who may be victims of commercial
sexual exploitation."
(.)
4)Argument in Support : According to the Children's Advocacy
Institute , the sponsor of this bill, "The problem of sexually
exploited minors is a serious and growing one. Sexually
exploited minors are overwhelmingly girls and researchers
estimate up to 300,000 are sexually trafficked in the United
States every year. According to the data collected by Alameda
County, the average age of the girls is merely 15.
"Experts have said that gangs and organized crime are showing
new enthusiasm for aggressively sexually trafficking minor
girls. These same experts tell us that the crime rings deploy
sophisticated mind control recruitment and retention
techniques as brutal as repeated rapes, beatings, isolation,
branding with tattoos, and death threats. But, still our laws
and programs don't recognize these girls as victims when they
are paid even though they would universally be seen as victims
if they were not paid.
"The diversion program is set to launch in March 2013?.the
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program is voluntary and its duration is one year. Minors will
be required to sign a Participant Contract, attend mental
health, sexual assault, and/or substance abuse counseling and
treatment, attend a 10-week educational workshop, My Life My
Choice, which will be facilitated by a therapist and a
survivor, participate in community service for the purposes of
reintegrating the minor back into the community, and attend
school and maintain passing grades. If a minor successfully
completes the program, the minor's case will be dismissed
against her, and any record filed with the DOJ will indicate
the disposition under PC 1001.9(a)."
5)Related Legislation : SB 738 (Yee), would provide that a child
who is a victim of human trafficking or sexual exploitation is
within the jurisdiction of the juvenile court. This bill is
currently being held at the Assembly desk.
6)Prior Legislation :
a) SB 1279 (Pavley), Chapter 116, Statutes of 2010,
replicated AB 499's pilot program for Los Angeles County.
It established a sunset date of January 1, 2014.
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 recognizes sexually exploited minors
within the juvenile justice system.
REGISTERED SUPPORT / OPPOSITION :
Support
Children's Advocacy Institute (Sponsor)
American Congress of Obstetricians and Gynecologists
Association for Los Angeles Deputy Sheriffs
California Catholic Conference Inc.
California Communities United Institute
California Medical Association
California Narcotics Officers' Association
California Police Chiefs Association
California Public Defenders Association
California State Sheriffs' Association
Crime Victim Action Alliance
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Opposition
None
Analysis Prepared by : Martin R. Vindiola / PUB. S. / (916)
319-3744