BILL NUMBER: AB 1822	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 1, 2016

INTRODUCED BY   Assembly Member Irwin
    (   Coauthors:   Assembly Members 
 Atkins   and Olsen   ) 

                        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  crime   the 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 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  victims'  
victims  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 
defendant,   participant,  including information
regarding all of the following  topics.  
topics: 
   (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  STD   sexually transmitted disease 
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  programs   program 
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.