Section § 23020

Explanation

This law requires every law enforcement agency to develop and uphold a written policy for dealing with human trafficking survivors. This policy must be based on guidelines from the commission and must be in place by December 1, 2026.

By no later than December 1, 2026, each law enforcement agency shall establish and maintain a written policy regarding interactions with survivors of human trafficking based on the guidelines developed by the commission pursuant to Section 23024.

Section § 23022

Explanation

This law requires that police officers, when dealing with survivors of human trafficking, must inform them about their right to have an advocate present during interviews and legal procedures. It emphasizes explaining the benefits of having an advocate, like confidentiality and support. If a survivor asks for an advocate, the officer must contact relevant organizations to arrange this support. If a survivor declines an advocate, a written waiver is needed, but they can change their mind at any time. Officers should also provide referrals to community services tailored to survivors' needs and work with organizations to ensure culturally and identity-appropriate support. Lastly, a standard written waiver form must be created by each agency for those refusing advocacy.

(a)CA Welfare and Institutions Code § 23022(a) A policy established pursuant to this chapter shall, without limitation, include all of the following:
(1)CA Welfare and Institutions Code § 23022(a)(1) A requirement that an officer contacting a survivor of human trafficking inform them that they have the right to have an advocate present during any interviews with law enforcement and other subsequent examinations and proceedings.
(2)CA Welfare and Institutions Code § 23022(a)(2) A requirement that the officer explain the benefits of being represented by an advocate, including, without limitation, confidentiality and evidentiary privilege, emotional support, assistance in accessing resources, and assistance with understanding their legal rights.
(3)CA Welfare and Institutions Code § 23022(a)(3) A requirement that, if the survivor requests an advocate, the officer contact the rape crisis center or another appropriate organization, such as an immigrant services organization, and arrange for an advocate to be present for any further interviews or examinations.
(4)CA Welfare and Institutions Code § 23022(a)(4) A requirement that an officer obtain a waiver in writing if a survivor refuses an advocate, and inform them that they may revoke their waiver at any time and request an advocate.
(5)CA Welfare and Institutions Code § 23022(a)(5) A requirement that the officer provide referrals to organizations that provide services to survivors of human trafficking, including, but not limited to, immigrant services organizations.
(6)CA Welfare and Institutions Code § 23022(a)(6) A requirement that a law enforcement agency, in collaboration with community-based organizations, establish a process for referrals of human trafficking victims to the county social services department.
(7)CA Welfare and Institutions Code § 23022(a)(7) A requirement that a law enforcement agency work with community-based organizations to provide referrals to services that are consistent with a survivor’s culture, sexual orientation, and gender identity.
(b)CA Welfare and Institutions Code § 23022(b) Each law enforcement agency shall also create a standardized written waiver of advocacy or may use the waiver developed by the commission pursuant to Section 23024.

Section § 23024

Explanation

This law requires that by June 1, 2026, California's Commission on Peace Officer Standards and Training must create minimum guidelines for how law enforcement interacts with human trafficking survivors. These guidelines will help agencies develop their own policies.

The guidelines must align with specific policy requirements and will be created with input from groups with expertise in human trafficking, such as community organizations and service providers. Special attention will be given to organizations that have served survivors for at least five years.

Additionally, a standardized written waiver of advocacy must be developed to support these interactions.

(a)CA Welfare and Institutions Code § 23024(a) By no later than June 1, 2026, the Commission on Peace Officer Standards and Training shall develop and promulgate minimum guidelines for law enforcement personnel interactions with survivors of human trafficking. A law enforcement agency shall use these guidelines as a resource in creating the policy required under Section 23020 to establish procedures for law enforcement interactions with survivors of human trafficking.
(b)CA Welfare and Institutions Code § 23024(b) The guidelines shall, without limitation, meet the requirements of a policy described in Section 23022.
(c)Copy CA Welfare and Institutions Code § 23024(c)
(1)Copy CA Welfare and Institutions Code § 23024(c)(1) In developing the guidelines, the commission shall collaborate with appropriate groups and individuals having an interest and expertise in human trafficking. This shall include, but is not limited to, all of the following:
(A)CA Welfare and Institutions Code § 23024(c)(1)(A) Community-based organizations providing services to survivors of human trafficking.
(B)CA Welfare and Institutions Code § 23024(c)(1)(B) Organizations with experience supporting survivors of labor trafficking, including, but not limited to, immigrant legal service providers.
(C)CA Welfare and Institutions Code § 23024(c)(1)(C) Human trafficking victim service organizations, as defined in subdivision (d) of Section 1038.2 of the Evidence Code, and domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, and rape crisis centers, as used in Section 13837 of the Penal Code.
(2)CA Welfare and Institutions Code § 23024(c)(2) When collaborating with organizations pursuant to paragraph (1), the commission shall prioritize organizations that have been providing services for at least five years.
(d)CA Welfare and Institutions Code § 23024(d) The commission shall also develop and promulgate a standardized written waiver of advocacy, as described in Section 23022.

Section § 23026

Explanation

This law section explains what certain terms mean in the context of this chapter. 'Commission' refers to the Commission on Peace Officer Standards and Training, which sets standards for peace officers. A 'Law enforcement agency' includes any state or local government department that employs peace officers and offers general law enforcement services, like police and sheriff's departments, the California Highway Patrol, and university police departments.

As used in this chapter, the following terms are defined as follows:
(a)CA Welfare and Institutions Code § 23026(a) “Commission” means the Commission on Peace Officer Standards and Training.
(b)CA Welfare and Institutions Code § 23026(b) “Law enforcement agency” means any department or agency of the state or any political subdivision thereof that employs any peace officer, as described in Section 830 of the Penal Code, and that provides uniformed general law enforcement services to the public. “Law enforcement agency” includes, without limitation, any municipal police department, county sheriff’s department, the California Highway Patrol, and the University of California and California State University police departments.