BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1129|
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                                   THIRD READING 


          Bill No:  SB 1129
          Author:   Monning (D) 
          Introduced:2/17/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 4/19/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           SUBJECT:   Prostitution:  sanctions


          SOURCE:    California Public Defenders Association

          DIGEST:  This bill repeals statutory provisions imposing  
          mandatory minimum prostitution jail terms for repeat offenders  
          and specifically authorizing the court to impose a driver's  
          license suspension on a first-time offender where a prostitution  
          offense occurred within 1,000 feet of a residence.

          ANALYSIS:  
          
          Existing law:

          1)Provides that any person who solicits, agrees to engage in, or  
            engages in an act of prostitution is guilty of misdemeanor.    
            Prostitution includes any lewd act between persons for money  
            or other consideration.  (Pen. Code § 647, subd. (b).)

          2)Provides that any person who solicits another person to engage  
            in any lewd or dissolute act in a public place is guilty of a  
            misdemeanor.  (Pen. Code § 647, subd. (a).)









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          3)Provides that any person is convicted for a second  
            prostitution offense shall serve a sentence of at least 45  
            days, no part of which can be suspended or reduced by the  
            court, regardless of whether or not the court grants  
            probation.  (Pen. Code § 647, subd. (k).)

          4)Provides that any person convicted for a third prostitution  
            offense shall serve a sentence of at least 90 days, no part of  
            which can be suspended or reduced by the court regardless of  
            whether or not the court grants probation.  (Pen. Code § 647,  
            subd. (k).)

          5)Authorizes a sentencing court to suspend the driver's license  
            of a person convicted of a prostitution offense that occurred  
            with the use of a motor vehicle within 1,000 feet of a  
            "private residence."  The court may restrict for six months  
            the person's driving privilege to necessary travel to and from  
            the person's place of employment or education.  If operation  
            of a motor vehicle is necessary for the performance of the  
            person's employment duties, the court may allow driving for  
            that purpose.  (Pen. Code § 647, subd. (k); Veh. Code §  
            13201.5.)

          This bill:

          1)Repeals the mandatory minimum terms for repeated prostitution  
            offenses, leaving discretion with the court to impose an  
            appropriate sentence.

          2)Repeals the specific authority of a court to order suspension  
            of the driver's license of a convicted prostitution defendant  
            if the offense was committed with a vehicle within 1,000 feet  
            of a residence.

          Background
          
          According to the author:

             Mandatory minimum sentencing laws grew largely out of  
             1980's tough-on-crime laws that sought stiffer  
             punishments for drug and violent crimes and shifted much  
             of sentencing from rehabilitation to punishment and  
             deterrence.  Statutory minimum sentences have increased  
             jail and prison populations and stripped the court's  







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             ability to address the underlying issues that cause a  
             person to offend in the first place.  California's  
             prostitution laws require a mandatory minimum sentence of  
             45 days in county jail for a second conviction, and 90  
             days for a third.  The court can also ? restrict an  
             individual's ability to drive for up to six months if the  
             offense involved a vehicle, or was committed within a  
             thousand feet of a residence.  These sentences are based  
             on the assumption that mandatory jail time will deter  
             future offenders.  Researchers have concluded that  
             mandatory minimum sentences have been massively  
             ineffective.  An October, 2011 United States Sentencing  
             Commission report to the US Congress stated that:   
             "certainty of punishment ? is the more cost effective  
             deterrent compared to the severity of punishment?"

             California's prison and jail overcrowding problem ? has  
             culminated in the realignment of the entire criminal  
             justice system.  Requiring a "john" or sex-worker to  
             spend a minimum of 45, or 90 days in jail ? creates the  
             potential for the need to release more serious offenders  
             in order to make room for those convicted of  
             recidivist-prostitution.  

             The mandatory sentences prevent a judge from tailoring a  
             sentence for a specific offender or ordering alternative  
             sanctions. The Sentencing Commission's 2011 report  
             further describes that:   "[T]he Judicial Conference has  
             long urged Congress 'to reconsider the wisdom' of  
             mandatory minimum penalties because they 'block judges  
             from considering the individual circumstances of  
             particular cases.'"  Mandatory jail time also creates a  
             disincentive for offenders to accept probation or  
             treatment, as an offender may opt to choose the 45 days  
             in jail in order to avoid [lengthy] supervision.  A  
             mandatory sentence shifts discretion from judges to  
             prosecutors who can create their own charging schemes and  
             use the threat of incarceration to gain plea-deal  
             convictions.  Many of those who engage in prostitution  
             are victims of human trafficking and forced into sex  
             work.  They should not be incarcerated for 45 to 90 days.  
              

             SB 1129 will also remove the current Vehicle Code Section  







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             13201.5 provisions that allow the courts to remove a  
             person's driving privileges for engaging in prostitution.  
             This arbitrary and summary removal of a person's license  
             for up to 6 months is excessive, and would likely derail  
             any rehabilitative efforts that could dissuade an  
             offender from engaging it further prostitution.

          The authority of a court to suspend for 30 days the driver's  
          license of a prostitution offender was enacted by AB 2949  
          (Harvey, Chapter 1019, Statutes of 1996).  AB 1788 (Wright,  
          Chapter 758, Statutes of 1998) authorized the court to impose a  
          six month suspension of a driver's license or a convicted  
          prostitution offender, except for travel to and from work.  The  
          Senate Floor Analysis of AB 1788 explained: 

             The Prostitution Abatement and Neighborhood Protection  
             Act and authorized courts to suspend the driving  
             privilege of any person convicted of soliciting,  
             agreeing to, or engaging in, an act of prostitution  
             with the use of a vehicle and within 1,000 feet of a  
             private residence for up to 30 days.  AB 2949's intent  
             was to deter individuals from "cruising" residential  
             neighborhoods in search of prostitutes.  According to  
             Los Angeles County:  "The existing 30 days suspension  
             is little more than an inconvenience for many  
             offenders.  A six month suspension should cause  
             violators to think about potential penalties before  
             engaging in acts of prostitution in an automobile.  It  
             will help keep prostitution away from residential  
             neighborhoods."

          There appear to be no study of the effect the driver's license  
          suspension had on prostitution offenses committed within 1,000  
          feet of private residence.  Existing law does not define the  
          term "private residence."  A thousand feet is the length of  
          three and 1/3 football fields.  It would appear that many, if  
          not most, prostitution offenses in urban areas occur within  
          1,000 feet of residences.  There appear to be no case applying  
          or interpreting the license suspension provisions.

          A study in 2002 in the Western Criminology Review of a now  
          defunct first-offender program in Portland, Oregon (SEEP) found  
          very low recidivism rates for all prostitution arrestees,  
          regardless of whether they participated in SEEP, were referred  







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          to SEEP but did not attend, or were not referred to the program.  
           The study considered only a two-year period and a relatively  
          small number of offenders.  The researchers inferred from the  
          data that an arrest, per se, could have deterred offenders, as  
          prostitution offenses involve significant shame.  The authors,  
          however, also questioned if the offenders continued to solicit  
          prostitutes but simply learned how to avoid arrest.  They could  
          not say whether the education from the SEEP program would have  
          led the participants to a avoid prostitution for a substantial  
          time in the future.

          A 2008 John Jay College study of commercially, sexually  
          exploited homeless youth in New York city found that these young  
          people often sought out customers and found customers for each  
          other. (http://sfbay.craigslist.org/sby/fuo/5550558811.html  pp  
          48-49,. 32-102)  Sexually exploited youth sought older white  
          customers who were perceived to have more money, although the  
          actual range of customers was relatively wide.  A 2012 New  
          Yorker article reported that these young people in lived in  
          harsh conditions and risked becoming "lifers" on the street.   
          Programs and services for them were scarce and typically  
          short-term.  
          (http://www.newyorker.com/magazine/2012/12/10/netherland) 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified 4/21/16)


          California Public Defenders Association (source)
          American Civil Liberties Union 
          Legal Services for Prisoners with Children


          OPPOSITION:   (Verified4/21/16)




          California District Attorneys Association









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          California Police Chiefs Association


          Prepared by:Jerome McGuire / PUB. S. /
          4/22/16 12:32:08


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