AB 1822

Bill Subjects

Abstract

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 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.