AB 1822, as introduced, Irwin. California Sex Trade Buyer First Offender Program.
Existing law makes it a misdemeanor to solicit or agree to engage in, or to engage in, an act of prostitution. A misdemeanor is generally punishable by not more than 6 months in a county jail, a fine not exceeding $1,000, or both that fine and imprisonment in a county jail. Existing law imposes additional penalties, including a higher fine, a longer term of imprisonment, or a suspension of the privilege to operate a motor vehicle, as specified, upon a person who is convicted of committing crime under certain circumstances.
This bill would authorize the court, in addition to any other penalty imposed by law, to require a person who has been convicted of providing, or offering or attempting to provide, money or another thing of value, in exchange for an act of prostitution, to attend and successfully complete a sex trade buyer first offender program approved by the probation department, if an approved program is available. The bill would require the probation department in each county to design and implement an approval and renewal process for sex trade buyer first offender programs in accordance with the requirements of the bill. Among other requirements for these programs, the bill would require that these programs provide 6 to 8 hours of education for each participant, including information regarding the legal consequences of subsequent offenses, health education, and the effects of the sex trade on sellers of sex and on the community, as specified. The bill would also require the probation department to adopt and implement procedures for approving a new or existing program, and for revoking or suspending approval of an existing program, as specified. By imposing a new duty on county probation departments, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 647.01 is added to the Penal Code, 2immediately following Section 647, to read:
(a) The court may, in addition to any penalty that may
4be imposed by other law, require a person who has been convicted
5of his or her first violation of subdivision (b) of Section 647, for
6providing, or offering or attempting to provide, money or another
7thing of value, in exchange for an act of prostitution, to attend and
8successfully complete a sex trade buyer first offender program
9approved by the probation department, as described in this section,
10if an approved program is available.
11(b) The probation department in each county shall design and
12implement an approval and renewal process for sex trade buyer
13first offender programs in accordance with this section. In
14designing the process, the probation department shall solicit input
15from
criminal justice agencies and sex trafficking victims’
16advocacy programs. The probation department shall have exclusive
17authority over the issuance of annual and provisional approval to
18operate a sex trade buyer first offender program, provided that all
19approved programs meet all of the following criteria:
20(1) Are in substantial compliance with applicable laws and
21regulations.
P3 1(2) Provide six to eight hours of education for each defendant,
2including information regarding all of the following topics.
3(A) The legal consequences of subsequent offenses.
4(B) Sex buyers’ vulnerability to being robbed or assaulted while
5participating in the sex trade.
6(C) Health education, describing the elevated
risk of HIV and
7other STD infections associated with the sex trade.
8(D) Effects of the sex trade on sellers of sex, many of whom
9are victims of sex trafficking, focusing on the numerous negative
10consequences for sellers of sex, including vulnerability to rape and
11assault, health problems, drug addiction, and various forms of
12exploitation.
13(E) Dynamics of sex trafficking, including how pimps and
14traffickers recruit, control, and exploit women and children for
15profit, the experiences of a sex trafficking survivor, either in video
16or in person, and an explanation of the prevalence of human
17trafficking in the sex trade.
18(F) Effects of the sex trade on the community, describing drug
19use, violence, health hazards, and other adverse consequences.
20(G) Sexual
addictions, focusing on how involvement in
21commercial sex may be driven by sexual addiction and how to
22seek help for this condition.
23(3) Provide adequate reporting requirements to ensure that all
24participants in the programs may be identified for failing to
25successfully complete the program.
26(4) Have been approved by the probation department on an
27annual basis.
28(c) The probation department shall adopt and implement
29procedures for approving a new or existing program, and for
30revoking or suspending approval of an existing program, including
31procedures that do all of the following:
32(1) Require the applicant to complete a written application
33containing necessary and pertinent information describing the
34program.
35(2) Require the program to demonstrate that it possesses
36adequate administrative and operational capability.
37(3) Require the department to conduct an onsite review of the
38program, including monitoring a session to determine that the
39program adheres to applicable statutes and regulations.
P4 1(4) Impose all of the following requirements regarding an
2existing program that the probation department determines is not
3in compliance with the standards set by the department:
4(A) Require the probation department to send written notice to
5the program regarding areas of noncompliance.
6(B) Require the program to submit a written plan of corrections
7within 14 days of the date of the written notice of
noncompliance.
8(C) Require the department to review and approve all, or any
9part of, the plan of correction and notify the program of approval
10or disapproval in writing, or to consider whether to revoke or
11suspend approval of the program, and upon the revocation or
12suspension of approval, to prohibit further referrals of participants
13to the program.
If the Commission on State Mandates determines that
15this act contains costs mandated by the state, reimbursement to
16local agencies and school districts for those costs shall be made
17pursuant to Part 7 (commencing with Section 17500) of Division
184 of Title 2 of the Government Code.
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