BILL ANALYSIS Ó
AB 1822
Page 1
Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1822 (Irwin) - As Amended March 1, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill 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. This bill
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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.
FISCAL EFFECT:
Significant reimbursable state mandates cost for each county
probation department to meet the requirements of this bill. If
the largest 20 counties each staff the required approval process
with 0.5 positions, and the average cost is $40,000, the GF cost
will exceed $800,000 - assuming the other 38 counties establish
and maintain an approval process with less than 0.5 positions.
Each of the 58 counties will have to establish an approval
process whether or not a sex trade buyer first offender program
exists in the county, or if the court orders individuals to
attend such a program.
COMMENTS:
1)Background. Current law 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. It
also 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. Existing law also
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
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determine.
San Francisco District Attorney's Office First Offender
Prostitution Program (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 "johns." 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.
2)Purpose. According to the author, "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."
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
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reduce the rate of re-offense. Establishing the Sex Trade
Offender Program will expose 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.
AB 1822 will require these programs, and FOPP, to meet
specified criteria to be approved by the corresponding county
probation department.
3)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
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"
4)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 was referred to interim study.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081
AB 1822
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