5236-S

AN ACT Relating to intervention services for persons involved in prostitution; adding new sections to chapter 43.63A RCW; adding a new section to chapter 70.190 RCW; adding a new section to chapter 9.68A RCW; adding new sections to chapter 9A.88 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that many people who depend on prostitution for their survival, wish to leave or avoid prostitution, but are unable to do so for many reasons including lack of vocational skills, lack of housing stability, and other problems related to drug and alcohol abuse, sexual abuse, psychological abuse, and physical violence.

The legislature finds there is an unnecessarily high cost to taxpayers when people are recycled through the criminal justice system and incarcerated with few, if any, options or incentives available to escape or avoid prostitution. Emphasizing treatment and intervention, rather than incarceration, is fiscally responsible and will reduce costs.

The legislature recognizes the need to increase prostitution prevention and intervention services. The legislature also recognizes these services are most effectively planned and provided at the local level through the combined efforts of concerned community and citizens' groups, treatment providers, and local government officials.

NEW SECTION. Sec. 2. A new section is added to chapter 43.63A RCW to read as follows:

There is established in the department of community, trade, and economic development a grant program to enhance funding for prostitution prevention and intervention services. Activities that can be funded through this grant program shall provide effective prostitution prevention and intervention services, such as counseling, parenting, housing relief, education, and vocational training, that:

(1) Comprehensively address the problems of persons who are prostitutes and their immediate family members; and

(2) Enhance the ability of persons to leave or avoid prostitution.

NEW SECTION. Sec. 3. A new section is added to chapter 43.63A RCW to read as follows:

(1) Applications for funding under this chapter must:

(a) Meet the criteria in section 2 of this act; and

(b) Contain evidence of active participation of the community and its commitment to providing effective prevention and intervention services for prostitutes through the participation of local governments, tribal governments, networks under chapter 70.190 RCW, human service and health organizations, and treatment entities and through meaningful involvement of others, including citizen groups.

(2) Local governments, networks under chapter 70.190 RCW, nonprofit community groups, and nonprofit treatment providers including organizations that provide services, such as emergency housing, counseling, and crisis intervention shall, among others, be eligible for grants established under section 2 of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 43.63A RCW to read as follows:

At a minimum, grant applications must include the following:

(1) The proposed geographic service area;

(2) A description of the extent and effect of the needs for prostitution prevention and intervention within the relevant geographic area;

(3) An explanation of how the funds will be used, their relationship to existing services available within the community, and the need that they will fulfill;

(4) An explanation of what organizations were involved in the development of the proposal; and

(5) The methods that will be employed to measure the success of the program.

NEW SECTION. Sec. 5. A new section is added to chapter 43.63A RCW to read as follows:

(1) Subject to funds appropriated by the legislature, including funds in the prostitution prevention and intervention account, the department of community, trade, and economic development shall make awards under the grant program established by section 2 of this act.

(2) Awards shall be made competitively based on the purposes of and criteria in sections 2 through 4 of this act.

(3) Activities funded under this section may be considered for funding in future years, but shall be considered under the same terms and criteria as new activities. Funding of a program or activity under this chapter shall not constitute an obligation by the state of Washington to provide ongoing funding.

(4) The department of community, trade, and economic development may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the grant program established under section 2 of this act and expend the same or any income from these sources according to the terms of the gifts, grants, or endowments.

NEW SECTION. Sec. 6. A new section is added to chapter 43.63A RCW to read as follows:

The prostitution prevention and intervention account is created in the state treasury. All designated receipts from fees under sections 8 and 9 of this act shall be deposited into the account. Expenditures from the account may be used only for funding the grant program to enhance prostitution prevention and intervention services under section 2 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 70.190 RCW to read as follows:

To promote services for families and children at risk, a network plan may include in its plan, an element for prostitution prevention and intervention programs and activities that comprehensively address the problems of persons who are prostitutes. A network that includes funding for prostitution prevention and intervention activities may, in addition to other funding sources, apply to the department of community, trade, and economic development to use funds generated under sections 8 and 9 of this act for the implementation of its plan.

NEW SECTION. Sec. 8. A new section is added to chapter 9.68A RCW to read as follows:

(1)(a) In addition to penalties set forth in RCW 9.68A.100, a person who is either convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for violating RCW 9.68A.100 shall be assessed a two hundred fifty dollar fee.

(b) The court may not suspend payment of all or part of the fee unless it finds that the person does not have the ability to pay.

(c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 9.68A.100, the court shall assess the fee under (a) of this subsection. The court may not suspend payment of all or part of the fee unless it finds that the minor does not have the ability to pay the fee.

(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed each month to the state treasurer for deposit in the prostitution and intervention account under section 6 of this act for the purpose of funding prostitution prevention and intervention activities.

NEW SECTION. Sec. 9. A new section is added to chapter 9A.88 RCW to read as follows:

(1)(a) In addition to penalties set forth in RCW 9A.88.010, 9A.88.030, and 9A.88.090, a person who is either convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for violating RCW 9A.88.010, 9A.88.030, or 9A.88.090 shall be assessed a fifty dollar fee.

(b) In addition to penalties set forth in RCW 9A.88.110, a person who is either convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for violating RCW 9A.88.110 shall be assessed a one hundred fifty dollar fee.

(c) In addition to penalties set forth in RCW 9A.88.070 and 9A.88.080, a person who is either convicted or given a deferred sentence or a deferred prosecution as a result of an arrest for violating RCW 9A.88.070 or 9A.88.080 shall be assessed a three hundred dollar fee.

(2) Except as provided under section 10 of this act, the court may not suspend payment of all or part of the fee unless it finds that the person does not have the ability to pay.

(3) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation under this chapter, the court shall assess the fee as specified under subsection (1) of this section. Except as provided under section 10 of this act, the court may not suspend payment of all or part of the fee unless it finds that the minor does not have the ability to pay the fee.

(4) Any fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed each month to the state treasurer for deposit in the prostitution and intervention account under section 6 of this act for the purpose of funding prostitution prevention and intervention activities.

NEW SECTION. Sec. 10. A new section is added to chapter 9A.88 RCW to read as follows:

In granting probation to persons convicted of prostitution under RCW 9A.88.030, the court may require, as a condition of probation, that the defendant successfully complete a prostitution intervention and counseling program. The court may require the defendant to contribute to the costs of the intervention and counseling program based on the defendant's ability to pay. Any fee assessed under section 9 of this act may be deferred by the court and waived upon a demonstration by the defendant that he or she has complied with the conditions of probation.