BILL ANALYSIS Ó
AB 1822
Page 1
Date of Hearing: March 15, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1822 (Irwin) - As Amended March 1, 2016
SUMMARY: Authorizes the court to order a person who has been
convicted of providing, or attempting to provide, money, in
exchange for an act of prostitution, to attend and successfully
complete a sex trade buyer first offender program.
Specifically, this bill:
1)Allows the court to order a person who has been convicted of
his or her first violation of solicitation of prostitution,
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, as specified, if an approved
program is available.
2)Requires the probation department in each county to design and
implement an approval and renewal process for sex trade buyer
first offender programs, as specified.
3)Specifies that the probation department shall solicit input
from criminal justice agencies and sex trafficking victims'
advocacy programs in developing the sex trade buyer first
offender program.
AB 1822
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4)States that 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:
a) Are in substantial compliance with applicable laws and
regulations.
b) Provide six to eight hours of education for each
defendant, including information regarding all of the
following topics.
i) The legal consequences of subsequent offenses;
ii) Sex buyers' vulnerability to being robbed or
assaulted while participating in the sex trade;
iii) Health education, describing the elevated risk of
HIV and other STD infections associated with the sex
trade;
iv) 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;
v) 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;
vi) Effects of the sex trade on the community,
describing drug use, violence, health hazards, and other
adverse consequences; and
vii) Sexual addictions, focusing on how involvement in
commercial sex may be driven by sexual addiction and how
to seek help for this condition.
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c) Provide adequate reporting requirements to ensure that
all participants in the programs may be identified for
failing to successfully complete the program.
d) Approval by the probation department on an annual basis.
5)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:
a) Require the applicant to complete a written application
containing necessary and pertinent information describing
the program.
b) Require the program to demonstrate that it possesses
adequate administrative and operational capability.
c) 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.
d) 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:
i) Require the probation department to send written
notice to the program regarding areas of noncompliance.
ii) Require the program to submit a written plan of
corrections within 14 days of the date of the written
notice of noncompliance.
iii) 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
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to the program.
EXISTING LAW:
1)Specifies that a person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or
she manifests an acceptance of an offer or solicitation to
engage in prostitution, regardless of whether the offer or
solicitation was made by a person who also possessed the
specific intent to engage in prostitution. (Pen. Code, § 647,
subd. (b).)
2)States that no agreement to engage in an act of prostitution
shall constitute a criminal violation, as specified, unless
some act, in addition to the agreement, is done within this
state in furtherance of the commission of an act of
prostitution by the person agreeing to engage in that act.
(Pen. Code, § 647, subd. (b).)
3)States that "prostitution" includes "any lewd act between
persons for money or other consideration." (Pen. Code, § 647,
subd. (b).)
4)Specifies that "probation" means "the suspension of the
imposition or execution of a sentence and the order of
conditional and revocable release in the community under the
supervision of a probation officer." (Pen. Code, § 1203(a).)
5)Specifies that "conditional sentence" means "the suspension of
the imposition or execution of a sentence and the order of
revocable release in the community subject to conditions
established by the court without the supervision of a
probation officer. (Pen. Code, § 1203(a).)
6)Provides that the court, in granting probation, may suspend
the imposing or the execution of the sentence and may direct
that the suspension may continue for a period of time not
exceeding the maximum possible term of the sentence, except as
specified, and upon those terms and conditions as it shall
determine. (Pen. Code, § 1203.1.)
7)States that the court may impose and require any or all of the
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terms of imprisonment, fine, and conditions, and other
reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be
made to society for the breach of the law, for any injury done
to any person resulting from that breach, and generally and
specifically for the reformation and rehabilitation of the
probationer, and that should the probationer violate any of
the terms or conditions imposed by the court in the matter, it
shall have authority to modify and change any and all the
terms and conditions and to reimprison the probationer in the
county jail within the limitations of the penalty of the
public offense involved. (Pen. Code, § 1203.1, subd. (j).)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Human
trafficking is a major issue in California. According to a
2012 report by the California Attorney General, between
mid-2010 and mid-2012, California's regional task forces
initiated over 2,500 investigations, identified nearly 1,300
victims of human trafficking, and arrested nearly 1,800
individuals. Studies have shown that human trafficking
increases based on the demand. AB 1822 will decrease the
demand for human trafficking, specifically sex trafficking, by
reducing the recidivism rate of convicted sex buyers.
"This bill would establish statewide standards for local Sex
Trade Offender Programs (STOP) that educate convicted sex
trade buyers about the harms of the sex trade. This program
would be in addition to any existing penalties required by
law, including jail time or fines. The education required by
STOP includes the legal consequences of subsequent offenses,
health education including the increased risk of HIV and other
STDs and the effects of the sex trade on sellers of sex and
sex trafficking victims and survivors. This bill would
authorize the court to require a convicted sex buyer to attend
and successfully complete a Sex Trade Offender Program in
addition to any other penalty required by existing law.
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"As of 2012, approximately 50 cities and counties in the U.S.
including Santa Clara, San Diego, Los Angeles, and Fresno have
programs that focus on reducing the demand for sex trafficking
by educating sex buyers. These programs have been proven to
reduce the rate of re-offense. AB 1822 uses local best
practices and evidence-based programming to establish
statewide standards to reduce the demand for sex trafficking
in California. Establishing the Sex Trade Offender Program
would reduce recidivism by exposing perpetrators to the harms
of the sex trade, particularly the harm caused to sex
trafficking victims and survivors, and reduce the demand side
of the sex trafficking industry."
2)San Francisco District Attorney's Office First Offender
Prostitution Program (FOPP): FOPP is a court diversion
program aimed at reducing the volume and impact of sex buying
by targeting those who purchase sex. The program was first
started in San Francisco in 1995. The program is based on the
belief that education as opposed to punishment was an
effective strategy to address the problems created by the sex
industry.
The program is focused on educating the purchasers of sex,
sometimes referred to as "john's." Purchasers of sex that are
dealing with criminal charges for that behavior are
predominantly men. The curriculum of the first offender is
designed to help men understand the negative effects of being
raised in a culture that promotes a system of male superiority
and entitlement toward women.
The program has incorporated evidence-based practices into the
FOPP programming. It includes: Social Learning Theory,
Cognitive Behavioral Interventions, Brief Interventions, Harm
Reduction, and Peer Reeducation. As part of the FOPP, the
legal consequences for subsequent arrests for solicitation of
prostitution are emphasized. Participants in the FOPP, are
educated about the impacts of prostitution on the participants
in the sex industry, the impact of sexual exploitation, the
health risks of engaging in prostitution, and the impact of
prostitution on the neighborhoods where it occurs.
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3)Success of Education Programs for Buyers of Sex: As of 2012,
approximately 50 cities and counties in the U.S. including
Santa Clara, San Diego, Los Angeles, and Fresno have similar
programs. (An Overview of John Schools in the United States,
(2012), pp. 3-5.)
A 2008 study commissioned by the Department of Justice and
conducted by Abt Associates found that the First Offender
Prostitution Program (FOPP) was successful in substantially
reducing recidivism among men arrested for soliciting
prostitutes. According to the report, data collected from 10
years prior to implementation and 10 years after
implementation (1985 through 2005) showed a sharp drop in
re-offense rates (recidivism) in 1995, the first year of
implementation. This low level of recidivism was sustained
throughout the 10 years studied between 1995 and 2005. The
study also found that data from San Diego showed that
recidivism rates were cut in half after their education
program was implemented. In summary, "FOPP significantly
reduces recidivism" and is highly transferable, having been
successfully replicated and adapted in other cities in the
U.S. (Final Report on the Evaluation of the First Offender
Prostitution Program (2008), Abt Associate, pp. v-vi and x.)
4)Courts General Power to Impose Conditions of Probation:
Courts have broad general discretion to fashion and impose
additional probation conditions that are particularized to the
defendant. (People v. Smith (2007) 152, Cal.App.4th 1245,
1249.) Courts may impose any "reasonable conditions" necessary
to secure justice, make amends to society and individuals
injured by the defendant's unlawful conduct, and assist the
"reformation and rehabilitation of the probationer." (Pen.
Code, § 1203.1.) A valid condition must be reasonably related
to the offense and aimed at deterring such misconduct in the
future. (People v. Carbajal (1995) 10 Cal.4th 1114, 1121.)
5)Argument in Support: According to the California State
Sheriffs' Association, "The STOP program is another tool the
court can use to educate persons convicted of soliciting
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prostitution about the negative impact of prostitution in
general and exposing perpetrators to the harms of the sex
trade, particularly the harm caused to sex trafficking victims
and survivors"
6)Related Legislation: SB 776 (Block), of the 2015-2016
Legislative Session, specifies a minimum fine upon offenders
who engage in prostitution and directs that money to be spent
on services for commercially exploited persons in the county
in which they are collected. SB 776. SB 776 was referred to
interim study.
7)Prior Legislation: AB 2040 (Swanson), Chapter 197, Statutes
of 2012, provides that a person who was juvenile ward of the
court for the commission of a violation of specified
prostitution offenses, may petition a court to have his or her
records sealed, as specified. States that the relief provided
by the bill does not apply to a person who paid money, or
attempted to pay money, to any person for the purposes of
prostitution.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs' Association
Opposition
None
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744
AB 1822
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