Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2761 by Johnson (Relating to the prosecution of the offenses of trafficking of persons, continuous trafficking of persons, and compelling prostitution.), As Engrossed
The bill would provide a finding that the child or disabled individual subject to trafficking or compelled prostitution lacked the culpable mental state to engage in the act of prostitution or did not complete the act of prostitution is not a defense to the commission of the offense.
Removing a defense to prosecution for a criminal offense may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2024, there were 298 arrests, no referrals, 10 placements onto community supervision, 51 individuals admitted into an adult state correctional facility, and no individuals admitted into a juvenile state correctional facility for the offenses of trafficking of persons, continuous trafficking of persons, and compelling prostitution of a child or disabled individual.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.