647.01.
(a) The court may, in addition to any penalty that may be imposed by other law, require a person who has been convicted of his or her first violation of subdivision (b) of Section 647, for providing, or offering or attempting to provide, money or another thing of value, in exchange for an act of prostitution, to attend and successfully complete a sex trade buyer first offender program approved by the probation department, as described in this section, if an approved program is available.(b) The probation department in each county shall design and implement an approval and renewal process for sex trade buyer first offender programs in accordance with this section. In designing
the process, the probation department shall solicit input from criminal justice agencies and sex trafficking victims’ victims advocacy programs. The probation department shall have exclusive authority over the issuance of annual and provisional approval to operate a sex trade buyer first offender program, provided that all approved programs meet all of the following criteria:
(1) Are in substantial compliance with applicable laws and regulations.
(2) Provide six to eight hours of education for each defendant,
participant, including information regarding all of the following topics. topics:
(A) The legal consequences of subsequent offenses.
(B) Sex buyers’ vulnerability to being robbed or assaulted while participating in the sex trade.
(C) Health education, describing the elevated risk of HIV and other STD sexually transmitted disease infections associated with the sex trade.
(D) Effects of the sex trade on sellers of sex, many of whom are victims of sex trafficking, focusing on the numerous negative consequences for sellers of sex, including vulnerability to rape and assault, health problems, drug addiction, and various forms of exploitation.
(E) Dynamics of sex trafficking, including how pimps and traffickers recruit, control, and exploit women and children for profit, the experiences of a sex trafficking survivor, either in video or in person, and an explanation of the prevalence of human trafficking in the sex trade.
(F) Effects of the sex trade on the community, describing drug use, violence, health hazards, and other adverse consequences.
(G) Sexual addictions, focusing on how involvement in commercial sex may be driven by sexual addiction and how to seek help for this condition.
(3) Provide adequate reporting requirements to ensure that all participants in the programs program may be identified for failing to successfully complete the program.
(4) Have been approved by the probation department on an annual basis.
(c) The probation department shall adopt and implement procedures for approving a new or existing program, and for revoking or suspending approval of an
existing program, including procedures that do all of the following:
(1) Require the applicant to complete a written application containing necessary and pertinent information describing the program.
(2) Require the program to demonstrate that it possesses adequate administrative and operational capability.
(3) Require the department to conduct an onsite review of the program, including monitoring a session to determine that the program adheres to applicable statutes and regulations.
(4) Impose all of the following requirements regarding an existing program that the probation department determines is not in compliance with the standards set by the
department:
(A) Require the probation department to send written notice to the program regarding areas of noncompliance.
(B) Require the program to submit a written plan of corrections within 14 days of the date of the written notice of noncompliance.
(C) Require the department to review and approve all, or any part of, the plan of correction and notify the program of approval or disapproval in writing, or to consider whether to revoke or suspend approval of the program, and upon the revocation or suspension of approval, to prohibit further referrals of participants to the program.