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S.F. No. 384 - Sexually Exploited Youth (First Engrossment)
 
Author: Senator Sandra L. Pappas
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
 
Date: March 5, 2013



 

OVERVIEW

Article 1 places a statewide program for sexually exploited youth in the Department of Health.  The department shall create a director of child sex trafficking prevention position and provide grants to create and support regional navigators serving six regions of the state.

In article 2, the bill amends safe harbor provisions enacted in 2011 by eliminating language that would allow a 16 or 17 year old to be charged as a prostitute.

Finally, article 3 appropriates approximately $5 million and $8.5 million from the general fund to the Commissioners of Health and Human Services respectively for the purposes of the bill.

Article 1:  Department of Health

Section 1 directs the Commissioner of Health to establish a director of child sex trafficking prevention.  Outlines the duties of the director, including providing training, maintaining information, applying for federal funding, managing grants, providing oversight, conducting evaluations, and developing policies.

Section 2 directs the Commissioner of Health, through the director of child sex trafficking prevention, to provide grants for regional navigators serving sIx regions of the state to coordinate resources and services for sexually exploited youth.  Provides that each regional navigator must develop and annually submit a work plan to the director outlining a needs and resource assessment, grant goals and outcomes, and grant activities.

Section 3 requires the director to conduct or contract for a comprehensive evaluation of the statewide program for sexually exploited youth.  The first evaluation must be completed by June 30, 2015, and submitted to MDH by September 1, 2015, and then be conducted every two years thereafter.

Article 2:  Safe Harbor Provisions

Section 1 strikes language that would allow a 16 or 17 year old to be charged with being hired, offering to be hired, or agreeing to be hired by another to engage in sexual penetration or contact.  (A juvenile acting as a patron or promoter could still be charged).  Effective August 1, 2014.

Section 2 exempts from the definition of “juvenile petty offense” a juvenile charged with a misdemeanor-level prostitution offense when acting as a patron.  This means the juvenile would receive an adjudication of delinquency, rather than be adjudicated as a petty offender.  Effective August 1, 2014.

Section 3 amends the definition of a "child in need of protection or services" by striking a reference to juveniles engaged in prostitution.  This would no longer be an offense under section 1.  Replaces the reference to “sexually exploited youth.”  Effective August 1, 2014.

Section 4 corrects an oversight in the definition of "sexually exploited youth" by adding a citation that was missed in a sequence.  The sequence lists first-, second-, fourth-, and fifth-degrees of criminal sexual conduct, but misses the third-degree crime.  This section is effective the day following final enactment.

Section 5 repeals a diversion program for 16 and 17 year old juvenile prostitutes.  This would no longer be an offense under section 1.  This section is effective the day following final enactment.

Article 3:  Appropriations

Section 1 appropriates the following amounts from the general fund to the Department of Health for the following purposes.

$762,000 in FY14 for grants to six regional navigators (articles 1 and 2);

$500,000 in FY14 and $250,000 in FY15 for grants to provide training on sexual exploitation of youth;

$300,000 in FY15 for program evaluation;

$532,000 in both FY14 and FY15 for grants to outreach workers for the safe harbor of sexually exploited youth program.

$1,000,000 in both FY14 and FY15 for supportive service grants for the safe harbor of sexually exploited youth program, including advocacy services, civil legal services, health care services, mental and chemical health services, education and employment services, aftercare and relapse prevention, and family reunification; and

$82,550 in both FY14 and FY15 for the director of child sex trafficking prevention position.  All appropriations are added to the department’s base budget.

Section 2 appropriates the following amounts from the general fund to the Department of Human Services for the following purposes.

$4,472,500 in FY14 for a safe harbor shelter and housing fund to be spent in the following manner (and added to the base):

$2,190,000 to increase emergency shelter capacity;

$1,370,000 for transitional living programs;

$547,500 for supportive housing services; and

$365,000 to increase child foster care home capacity.

A one-time appropriation of $4,000,000 in FY14 for renovation and construction of facilities to serve the housing and supportive services needs of sexually exploited youth.

 
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