BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1708 (Gonzalez) - Disorderly conduct: prostitution ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 28, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 11, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- *********** ANALYSIS ADDENDUM - SUSPENSE FILE *********** The following information is revised to reflect amendments adopted by the committee on August 11, 2016 Bill Summary: AB 1708 would impose minimum fines and mandatory minimum county jail terms for persons convicted of purchasing commercial sex, and would recast the provisions of the crime of prostitution, as specified. Fiscal Impact: County jails : Ongoing increase in local incarceration costs, potentially in the hundreds of thousands of dollars (Local AB 1708 (Gonzalez) Page 1 of ? Funds/General Fund*) annually due to the imposition of mandatory minimum jail terms. DOJ statistics indicate over 2,000 convictions annually under this specified provision of law. Although the proportion of convictions that would be subject to a mandatory minimum jail term is unknown, for every 25 percent of convictions subject to a 72-hour jail term could cost over $180,000. County fine revenues : Potential increase in overall fine revenues (Local Funds) due to the minimum fine amounts specified. State penalty assessment revenues : Potential minor increase in state penalty and assessment revenues (General Fund) to the extent imposing minimum fines results in increased state penalty assessment and state surcharge revenues. Proposition 30* : Under 2011 Realignment Legislation, the state provided funding to the counties to place offenders in county jail for specified felonies that previously would have required a state prison sentence. Pursuant to Proposition 30 (2012), legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation apply to local agencies only to the extent that the state provides annual funding for the cost increase. While Proposition 30 specifies that legislation defining a new crime or changing the definition of an existing crime is not subject to this provision, changing the penalty for a crime is not specifically exempted and could potentially require a subvention of funds from the state. Author Amendments: Remove the requirement to utilize a specified amount of fine revenue to fund services for victims of human trafficking and make other technical changes. -- END --