The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would expand the child safety zone as it applies to people placed onto community supervision as outlined in the bill and the circumstances for certain felony offenses as it relates to general residential operations as defined in the bill. Under existing statute, the criminal penalty for these offenses vary and are based on the specific circumstances of the offense.  The bill would also increase the punishment for solicitation of prostitution to a state jail felony or, in the case of previous prostitution offense convictions, to a third degree felony.  Under existing statute, this offense is punishable as a Class A misdemeanor or, in the case of previous prostitution offense convictions, as a state jail felony. The bill would also increase the penalties, to the next higher level, for certain offenses if they involved a school as outlined in the bill. Under existing statute, these offenses can be punished as a misdemeanor or felony depending on the specific circumstances of the offense, with certain offenses having a minimum term of confinement of 25 years.

A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years, a second degree felony is punishable by confinement in prison for a term from 2 to 20 years, a third degree felony is punishable by confinement in prison for a term from 2 to 10 years, and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.  Expanding the circumstances or increasing the criminal penalties for an offense is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed onto supervision in the community, number of individuals sentenced to a term of confinement within state correctional institutions, length of stay of those incarcerated, or length of supervision of those placed onto community supervision. From fiscal years 2018 through 2020, an average of 441 people were arrested, 49 were placed onto community supervision, and 66 were admitted into a state correctional institution for the trafficking, online solicitation of a minor, and prostitution offenses that would be enhanced or criminal penalties that would be increased under the provisions of the bill. There is a lack of data to identify those cases that involved a school as outlined in the bill from all other prostitution, solicitation, or trafficking cases or that would allow for all cases involving a general residential operation as described by the bill to be identified and isolated from all other cases. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.