Bill Text: CA AB1730 | 2015-2016 | Regular Session | Enrolled
Bill Title: Human trafficking: minors.
Sponsorship: Moderate Partisan Bill (Democrat 13-3)
Status: (Vetoed) 2016-09-26 - Vetoed by Governor. [AB1730 Detail]
Download: California-2015-AB1730-Enrolled.html
BILL NUMBER: AB 1730 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN SENATE AUGUST 25, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 30, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
INTRODUCED BY Assembly Members Atkins and Eggman
(Principal coauthors: Assembly Members Olsen and Quirk)
(Coauthors: Assembly Members Burke, Campos, Chiu, Chu, Dodd,
Gallagher, Cristina Garcia, Eduardo Garcia, Gonzalez, Grove, Mark
Stone, and Williams)
JANUARY 28, 2016
An act to add and repeal Section 893.5 of the Welfare and
Institutions Code, relating to human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 1730, Atkins. Human trafficking: minors.
Existing law proscribes the crime of human trafficking, as
defined. A person who causes, induces, or persuades, or attempts to
cause, induce, or persuade, a person who is a minor at the time of
commission of the offense to engage in a commercial sex act, with the
intent to effect or maintain a violation of any of specified sex
offenses, is guilty of human trafficking. Existing law also
proscribes the crime of prostitution.
Existing law authorizes or requires, as specified, the probation
officer of a county to exercise various duties with respect to a
minor who has been found to be within the jurisdiction of the
juvenile court on the ground that he or she has violated a law or
statute, or that he or she has suffered, or there is a substantial
risk that he or she will suffer, abuse or neglect.
Existing law establishes the Board of State and Community
Corrections to provide statewide leadership, coordination, and
technical assistance to promote effective state and local efforts and
partnerships in California's adult and juvenile criminal justice
system.
This bill would, only until January 1, 2022, require the Board of
State and Community Corrections to establish a pilot project in up to
4 counties that elect to participate in the pilot project and would
authorize the Counties of Sacramento, San Diego, San Joaquin, and
Santa Clara to elect to participate in the pilot project. The bill
would authorize each participating county to determine whether that
county's probation department or child welfare agency, or both, would
create and operate a program funded by the pilot project. The bill
would require a program funded by the pilot project to provide
services to youth within that county's jurisdiction that address the
need for services relating to the commercial sexual exploitation of
youth. The bill would state that the purpose of the pilot project is
to test a service model that would produce improved outcomes for
youth victims of human trafficking. The bill would also require a
county that elects to participate in the pilot project and
establishes a program pursuant to these provisions to conduct at
least one evaluation of the program's impact and effectiveness and to
submit that evaluation to the board. The bill would provide that the
pilot project established pursuant to these provisions would be
funded contingent upon an appropriation in the annual Budget Act. The
bill would provide that funds appropriated for these purposes shall
be administered by the Board of State and Community Corrections.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 893.5 is added to the Welfare and Institutions
Code, to read:
893.5. (a) The Board of State and Community Corrections shall
establish a pilot project in up to four counties that elect to
participate in the pilot project. The counties that may elect to
participate in the pilot project are the Counties of Sacramento, San
Diego, San Joaquin, and Santa Clara. Each participating county may
determine whether that county's probation department or child welfare
agency, or both the county probation department and county child
welfare agency, shall create and operate a program funded by the
pilot project. A program funded by the pilot project shall provide
services to youth within that county's jurisdiction that address the
need for services relating to the commercial sexual exploitation of
youth. The purpose of the pilot project is to test a service model
that would produce improved outcomes for youth victims of human
trafficking.
(b) A program that receives funding pursuant to this section shall
utilize, for purposes of the program, only facilities that are
licensed by the State Department of Social Services. Programs that
receive funding pursuant to this section may include, but shall not
be limited to, programs that do the following:
(1) Assess the youth victim's condition, including a review of the
extent of trauma suffered, physical and mental health, and the
status of age-appropriate developmental factors, such as educational
status.
(2) Serve exploited youth in a services-rich environment,
including trauma-informed counseling services.
(3) Research options, make recommendations, and work to find
solutions to provide specialized services and permanent placement
solutions for the youth.
(4) Provide staff who are trained to work with, and experienced in
working with, child sex trafficking victims.
(5) Include peer mentors in the design and provision of service
delivery.
(6) Provide a plan for how to structure a protective setting
secluded from the victim's trafficking environment, which could
include strategies such as a geographically remote location, staff
protective presence, delayed egress, or any combination of strategies
intended to protect the victim.
(c) A county that elects to participate in the pilot project and
establishes a program pursuant to this section shall conduct at least
one evaluation of the program's impact and effectiveness. The
evaluation shall include, but not be limited to, monitoring the
program's effect on youth being served, if any, and its effectiveness
with respect to program participants, including outcome-related data
for program participants compared to youth who do not participate in
a program funded by the pilot project. The county shall submit the
evaluation to the Board of State and Community Corrections.
(d) The pilot project established pursuant to this section shall
be funded contingent upon an appropriation in the annual Budget Act.
Funds appropriated for these purposes shall be administered by the
Board of State and Community Corrections.
(e) This section shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
