The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the offense of prostitution. Under the provisions of the bill, the punishment for solicitation of prostitution would be increased 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.
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 and, in addition to confinement, an optional fine not to exceed $10,000 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.
Increasing the penalty 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 under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 to 2020, 371 people were arrested, fewer than 10 were placed on direct community supervision, and fewer than 10 were admitted to a state correctional institution for the offenses under existing statute for which penalties would be increased under the provisions of the bill. 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.