Amendment 29

Budget Amendment ID: FY2013-S4-29

OTH 29

FIRST OFFENDER PROSTITUTION SOLICITATION PROGRAM

Mr. Montigny moved that the proposed new text be amended after Section 161, the following new Section:-

SECTION ____. Chapter 276 of the General Laws is amended by inserting after Section 87A, the following new Section 87B:-

Section 87B. (a) Prior to the disposition, the court shall have the authority to divert defendants charged with a first offense of sections 8 and 53A (a) or (b) of chapter 272 of the General Laws to a first offender prostitution solicitation program. The court shall continue the matter while the defendant fulfills the requirements of the program and retain jurisdiction pending the defendant’s completion of the program.

(b) The court shall determine if the defendant is eligible to participate in the first offender prostitution prevention program established under this section. The defendant shall not be eligible if the court determines that;

(1) the defendant was convicted, admitted sufficient facts to a previous violation of sections 8 or 53A of chapter 272 or a similar offense under the laws of another state.;

(2) the defendant was previously admitted to a first offender prostitution prevention program pursuant to this section;

(3) the defendant has been charged with a violation of sections 8 or 53A of chapter 272 or a similar offense under the laws of another state and is awaiting adjudication of said offense;

(4) the defendant has been charged with, convicted or admitted sufficient facts to a violation of section 50 or 51 of Chapter 265;

(5) the defendant is a registered sex offender pursuant to Chapter 6 of the General Laws or pursuant to the laws of another jurisdiction;

(1) provide each participant with information, counseling, and services relating to:

(i) the negative impact of commercial sex and sex trafficking on victims;

(ii) the negative impact of commercial sex and sex trafficking on communities;

(iii) health risk involved in prostitution including the risk of sexually; transmitted diseases, and issues relating to mental health, substance abuse and sexual addiction;

(iv) the legal consequence to the defendant; and

(v)classroom instruction related to the prevention of prostitution and issues organized crimes and the sex industry.

(2) Employ persons or solicit volunteers that may include, but not be limited to:

(i) health care professionals;

(ii) psychologists;

(iii) licensed social worker or counselors;

(iv) former prostitutes;

(v) members of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons; or

(vi) employees of a nongovernmental organization specializing in advocacy or laws related to sex trafficking or human trafficking or in providing services to victims of those offenses.

(3) Establish and publish local procedures to promote maximum participation of eligible defendants in programs established in the county or municipality in which the defendants reside.

(4) allow any participant to withdraw from the program at any time before a trial on the merits has been initiated;

(4) Certify to the court that the defendant has successfully completed the requirements of the program or has failed to complete or has withdrawn from the program.

(d) Upon successful completion of the program the court shall dismiss the charge against the defendant. Upon dismissal the court may ordered the record of the defendant sealed. A dismissal under this section shall be considered a first offense in a subsequent prosecution in determining eligibility under subsection (b).

(e) The court shall assess a fee of $750 for participation in the first offender prostitution solicitation program. The court shall not waive the fee but may reduce the fee based on a determination by probation that the defendant cannot pay the entire fee. The fee shall be distributed as follows;

(1) One third of the fee shall be forward to the non-profit organization certified by the commissioner of probation to conduct said program;

(2) One-third to the Human Trafficking Trust Fund established pursuant to section 66A of chapter 10; and

(3) One-third to the police department that was responsible for the arrest of the defendant.

(f) The commissioner of probation in consultation with the Anti-Human Traffcking Task Force shall review each non-profit organization that operates a first offender prostitution solicitation program and certify that the program is operating pursuant to the requirements set forth in subsection c of this section. The commissioner shall notify the administrative office of the trial court of all programs receiving said certification. Only programs certified by the commissioner shall qualify to operate a program under this section. The commissioner, at his discretion, may decertify a program for good cause at any time and the commissioner shall notify the administrative office of the trial court of said decertification.