Amended in Assembly March 1, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1822

Introduced by Assembly Member Irwin

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(Coauthors: Assembly Members Atkins and Olsen)

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February 8, 2016

An act to add Section 647.01 to the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 1822, as amended, 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 begin delete crime end delete begin insert the crime, end insert 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 1.  

Section 647.01 is added to the Penal Code, immediately following Section 647, to read:

647.01.  

(a) The court may, in addition to any penalty that may
be imposed by other law, require a person who has been convicted
of his or her first violation of subdivision (b) of Section 647, for
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, as described in this section,
if an approved program is available.

(b) The probation department in each county shall design and
implement an approval and renewal process for sex trade buyer
first offender programs in accordance with this section. In
designing the process, the probation department shall solicit input
from criminal justice agencies and sex trafficking begin delete victims’ end delete begin insert victims end insert
advocacy programs. The probation department shall have exclusive
authority over the issuance of annual and provisional approval to
operate a sex trade buyer first offender program, provided that all
approved programs meet all of the following criteria:

(1) Are in substantial compliance with applicable laws and
regulations.

(2) Provide six to eight hours of education for each begin delete defendant, end delete
begin insert participant, end insert including information regarding all of the following
begin delete topics. end delete begin insert topics: end insert

(A) The legal consequences of subsequent offenses.

(B) Sex buyers’ vulnerability to being robbed or assaulted while
participating in the sex trade.

(C) Health education, describing the elevated risk of HIV and
other begin delete STD end delete begin insert sexually transmitted disease end insert infections associated with
the sex trade.

(D) Effects of the sex trade on sellers of sex, many of whom
are victims of sex trafficking, focusing on the numerous negative
consequences for sellers of sex, including vulnerability to rape and
assault, health problems, drug addiction, and various forms of
exploitation.

(E) Dynamics of sex trafficking, including how pimps and
traffickers recruit, control, and exploit women and children for
profit, the experiences of a sex trafficking survivor, either in video
or in person, and an explanation of the prevalence of human
trafficking in the sex trade.

(F) Effects of the sex trade on the community, describing drug
use, violence, health hazards, and other adverse consequences.

(G) Sexual addictions, focusing on how involvement in
commercial sex may be driven by sexual addiction and how to
seek help for this condition.

(3) Provide adequate reporting requirements to ensure that all
participants in the begin delete programs end delete begin insert program end insert may be identified for failing
to successfully complete the program.

(4) Have been approved by the probation department on an
annual basis.

(c) The probation department shall adopt and implement
procedures for approving a new or existing program, and for
revoking or suspending approval of an existing program, including
procedures that do all of the following:

(1) Require the applicant to complete a written application
containing necessary and pertinent information describing the
program.

(2) Require the program to demonstrate that it possesses
adequate administrative and operational capability.

(3) Require the department to conduct an onsite review of the
program, including monitoring a session to determine that the
program adheres to applicable statutes and regulations.

(4) Impose all of the following requirements regarding an
existing program that the probation department determines is not
in compliance with the standards set by the department:

(A) Require the probation department to send written notice to
the program regarding areas of noncompliance.

(B) Require the program to submit a written plan of corrections
within 14 days of the date of the written notice of noncompliance.

(C) Require the department to review and approve all, or any
part of, the plan of correction and notify the program of approval
or disapproval in writing, or to consider whether to revoke or
suspend approval of the program, and upon the revocation or
suspension of approval, to prohibit further referrals of participants
to the program.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.