AB 2714

Bill Subjects

Abstract

(1) Existing law makes it a misdemeanor for an individual to solicit, agree to engage in, or engage in, an act of prostitution with the intent to receive compensation, money, or anything of value from another person, as specified, or an act of prostitution with an adult or a minor in exchange for the individual providing compensation, money, or anything of value to the other person, as specified. Existing law makes it unlawful for a person to loiter in a public place with the intent to commit prostitution, as specified. Existing law exempts a child under 18 years of age who is alleged to have engaged in prostitution or related offenses from being prosecuted for those offenses. Existing law authorizes a commercially exploited child under those circumstances to be adjudged a dependent child of the court and to be taken into temporary custody if the conditions allowing temporary custody without warrant are met. This bill would instead make the prohibitions on prostitution and related offenses applicable to a person under 18 years of age. By expanding the application of those crimes to those persons, this bill would impose a state-mandated local program. The bill would also make a technical nonsubstantive change to one of those provisions. (2) Existing law, until January 1, 2020, authorizes specified counties to establish and operate a deferred entry of judgment pilot program within the county's juvenile hall for an eligible defendant who is charged with committing a felony offense, except as specified, pleads guilty to the charge or charges, and meets specified criteria determined by the probation department. Existing law requires the court to grant deferred entry of judgment if the eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. Existing law also requires the court, at the end of the period in which deferred entry was granted, to dismiss the criminal charge or charges if the defendant performs satisfactorily during the period. Existing law requires the court to render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing, and requires the return of the defendant to custody in a county jail, if the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program. This bill would authorize a county to establish and operate a deferred entry of judgment pilot program within the county's juvenile hall for an eligible defendant who is a commercial sexually exploited child charged with engaging in an act of prostitution with the intent to receive money or other consideration or loitering in a public place with the intent to commit prostitution, pleads guilty to the charge or charges, and has not previously been charged with committing those offenses. The bill would require the court to grant deferred entry of judgment if the eligible defendant consents to participate in the program, waives his or her right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. The bill would require the probation department to develop therapeutic rehabilitative programming that is specific to participants of the program, including, but not limited to, peer mentoring and trauma-informed therapy. The bill would require the court to, at the end of the period in which deferred entry was granted, dismiss the criminal charge or charges if the defendant performs satisfactorily during the period. The bill would require the court to render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing, and require the return of the defendant to custody in a county jail, if the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program. A defendant shall serve no more than 6 months in custody within a county's juvenile hall pursuant to the program. The provisions of this bill would be repealed on January 1, 2021. (3) 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 no reimbursement is required by this act for a specified reason.