Agenda Item No. 8
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM:Raymond A. Casey, City Manager
Shane Massoud, Public Information Officer/Grant Coordinator FOR: City Council Meeting of April 25, 2022
SUBJECT: Senate Bill 1072 (Dahle) — Violent Felonies: Human Trafficking RECOMMENDATION:
That City Council review and approve a letter of support for Senate Bill 1072 (Dahle) regarding the designation of human sex trafficking as a "violent felony" subjecting the offense to enhanced penalties.
BACKGROUND:
In February 2022, Senator Brian Dahle, who represents California's 1st Senate District, introduced Senate Bill (SB) 1072 which seeks to designated human trafficking as a violent felony.
Current California law states that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. (Pen. Code, § 236.1, subd. (a).)
Additionally, the law states that a person who deprives or violates the personal liberty of another with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than $500,000. (Pen. Code, § 236.1, subd. (b).) The law specifies that a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking. A violation is punishable by imprisonment in the state prison as follows:
• Five, 8, or 12 years and a fine of not more than $500,000; or • Fifteen years to life and a fine of not more than $500,000 when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (Pen. Code, § 236.1, subd. (c).) -154-
As defined in law, here are a few examples of offenses that are within the definition of "violent felony". A full list of violent felonies can be found in California Penal Code 667.5. • Murder or voluntary manslaughter.
• Mayhem.
• Lewd acts on a child under the age of 14 years, as defined. • Arson of a structure, forest land, or property that causes great bodily injury. • Any robbery.
• Kidnapping.
• Explosion or attempted explosion of a destructive device with the intent to commit • murder.
However, as the law stands today, human trafficking offenses are not designated as a "violent felony" in California Penal Code 667.5.
DISCUSSION:
City Staff is recommending that City Council approve a letter of support for Senate Bill 1072 (Dahle) regarding the designation of human sex trafficking as a "violent felony" subjecting the offense to enhanced penalties.
Human trafficking ranks among the fastest growing crimes in California, with perpetrators of the crime becoming more organized each year. Currently, the most egregious forms of human trafficking involving sex acts and the coercion of children for sex acts are not considered a serious or violent felony.
In 2016, the voters of this state approved Proposition 57, which among its many drafting errors and vagaries, included the undefined term "convicted of a nonviolent felony offense." Generally, it was assumed, and confirmed by the Governor's spokesman, that the term meant only the 23 offenses/categories of crime listed in Penal Code section 667.5 (c). However, presumably the intention behind leaving the term undefined was to allow the Legislature and Governor an opportunity to alter the definition of "non-violent" if needed. That is exactly what this measure aims to do. While most nonviolent crimes involve criminal conduct in which no physical injury occurs, many crimes involving physical injury and threat of physical injury are considered "nonviolent" simply because they aren't included in code.
According to the California Department of Justice's (DOJ) website, the United States is widely regarded as a destination country for human trafficking. According to the International Labour Organization (ILO) the business of human trafficking globally generates an estimated $150 billion annually.
The Federal government reports have estimated that 14,500 to 17,500 victims are trafficked into the United States annually. This does not include the number of victims who are trafficked within the United States each year. According to the National Human Trafficking Hotline, 10,949 cases of human trafficking were reported in the United States in 2018. According to the hotline, California is one of the largest sites of human trafficking in the United States. In 2018, 1,656 cases of human trafficking were reported in California. Of those cases, 1,226 were sex -155-
trafficking cases, 151 were labor trafficking cases, 110 involved both labor and sex trafficking, and in 169 cases the type of trafficking was not specified. There is no single profile of a trafficking victim. Victims of human trafficking include not only men and women lured into forced labor by the promise of a better life in the United States, but also boys and girls who were born and raised here in California. Trafficking victims come from diverse backgrounds in terms of race, color, national origin, disability, religion, age, gender, sexual orientation, gender identity, socioeconomic status, education level, and citizenship status, but one characteristic that they usually share is some form of vulnerability. Trafficking victims are often isolated from their families and social networks and, in some cases, are separated from their country of origin, native language, and culture. Many domestic victims of sex trafficking are runaway or homeless youth and/or come from backgrounds of sexual and physical abuse, incest, poverty, or addiction.
Traffickers exploit these vulnerabilities, promising the victims love, a good job, or a more stable life.
In an effort to strengthen California's penal code, SB 1072 would add human trafficking to the list of offenses that are designated a "violent felony." This designation would positively affect enhancements, credits earning limitations, sentencing restrictions as well as other consequences for those convicted of human trafficking.
ATTACHMENTS:
Letter of Support
California Senate Committee on Public Safety — Senate Bill 1076 Analysis California Penal Code 236.1
California Penal Code 667.5
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CITY OF
April 25, 2022
Senator Brain Dahle,
California 1" Senate District
10210 Street, Room 7230
Sacramento, CA 95814
RE: Senate Bi111072 Violent Felonies: Human Trafficking Dear Senator Brain Dahle:
The City of Yucaipa supports Senate Bill 1072 and your efforts to designate and define human trafficking as a "violent felony" in the California Penal Code. As you are aware, human trafficking ranks among the fastest growing crimes in California, with perpetrators of the crime becoming more organized each year.
Currently, the most egregious forms of human trafficking involving sex acts and the coercion of children for sex acts are not considered a serious or violent felony in the State. The City of Yucaipa believes that enhancing the punishment for human trafficking is critical in order to mitigate the growth of this horrendous crime. The City of Yucaipa applauds your hard work and dedication towards addressing such a life - threatening issue in our State.
Sincerely,
David Avila
Mayor
Greg Bogh
Councilmember
cc:
Justin Beaver
Mayor Pro Tem
Bobby Duncan Jon Thorp
Councilmember Councilmember
City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-7PY72489
SENATE cO1VimIT'I' ON PUBLIC SAFETY
Senator Steven Bradford, Chair
2021- 2022 Regular
Bill No:
SB 1072
Author:
Dahle
Version:
April 4, 2022
Urgency:
No
Consultant:
SC
Source: Author
Hearing Date: April 19, 2022
Fiscal: Yes
Subject: Violentfelonies: human trafficking
HISTORY
Prior Legislation: AB 1665 (Seyarto), failed Assem. Public Safety, 2022 AB 786 (Kiley), failed Assem. Public Safety, 2019
AB 2823 (Nazarian), held Sen. Appropriations, 2018
SB 976 (Bates), failed Sen. Public Safety, 2018
SB 770 (Glazer), held in Sen. Public Safety, 2018
SB 75 (Bates), failed Sen. Public Safety, 2017
SB 1269 (Galgiani), failed Sen. Public Safety, 2016
AB 1321 (Jones), failed Assem. Public Safety, 2013
AB 16 (Swanson), held in Assem. Appropriations, 2009
AB 426 (Galgiani), failed Sen. Public Safety, 2007
SB 1256 (Bermudez), failed Sen. Public Safety, 2006
Support: California Association of Highway Patrolmen; California District Attorneys Association; California State Sheriffs' Association; Concerned Women for America; Peace Officers Research Association of California Opposition: ACLU California Action; California Attorneys for Criminal Justice; California Coalition for Women Prisoners; California Public Defenders Association; Free to Thrive; National Center for Youth Law; Survived & Punished; Young Women's Freedom Center
PURPOSE
The purpose of this bill is to designate human sex trafficking as a "violent felony" subjecting the offense to enhanced penalties.
Existing law states that a person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. (Pen.
Code, § 236.1, subd. (a).)
Existing law states that a person who deprives or violates the personal liberty of another with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty -158-
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of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than $500,000. (Pen. Code, § 236.1, subd. (b).) Existing law specifies that a person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to commit specified crimes including pimping, pandering, or child pornography, is guilty of human trafficking. A violation is punishable by imprisonment in the state prison as follows:
• Five, 8, or 12 years and a fine of not more than $500,000; or • Fifteen years to life and a fine of not more than $500,000 when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (Pen. Code, § 236.1, subd. (c).) Existing law includes the following offenses within the definition of "violent felony':
• Murder or voluntary manslaughter;
• Mayhem;
• Rape or spousal rape accomplished by means of force or threats of retaliation; • Sodomy by force or fear of immediate bodily injury on the victim or another person; • Oral copulation by force or fear of immediate bodily injury on the victim or another person;
• Lewd acts on a child under the age of 14 years, as defined; • Any felony punishable by death or imprisonment in the state prison for life; • Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice, or any felony in which the defendant has used a firearm, as specified; • Any robbery;
• Arson of a structure, forest land, or property that causes great bodily injury; • Arson that causes an inhabited structure or property to burn; • Sexual penetration accomplished against the victim's will by means of force, menace or fear of immediate bodily injury on the victim or another person; • Attempted murder;
• Explosion or attempted explosion of a destructive device with the intent to commit murder;
• Explosion or ignition of any destructive device or any explosive which causes bodily injury to any person;
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• Explosion of a destructive device which causes death or great bodily injury; • Kidnapping;
• Assault with intent to commit mayhem, rape, sodomy or oral copulation; • Continuous sexual abuse of a child;
• Carjacking, as defined;
• Rape or penetration of genital or anal openings by a foreign object; • Felony extortion;
• Threats to victims or witnesses, as specified;
• First degree burglary, as defined, where it is proved that another person other than an accomplice, was present in the residence during the burglary; • Use of a firearm during the commission of specified crimes; and, • Possession, development, production, and transfers of weapons of mass destruction. (Pen.
Code, § 667.5, subd. (c).)
Existing law imposes a three-year sentence enhancement for each prior separate prison term served by the defendant if the prior offense was a violent felony and the new offense is a violent felony, except if the prior prison term was served prior to a period of ten years in which the defendant remained free of custody and the commission of a new felony. (Pen. Code § 667.5, subd. (a).)
Existing law provides that the term for an offense, though otherwise punishable as a county jail felony, must be served in state prison if the current or a prior conviction is for an offense on the violent felony list. (Pen. Code, § 1170, subd. (h)(3).) Existing law limits the award of presentence conduct credits to 15 percent of actual confinement time on a violent felony prison term. (Pen. Code, § 2933.1.) This bill adds human sex trafficking offenses to the list of offenses designated as a "violent felony."
COMMENTS
1. Need for This Bill
According to the author of this bill:
Human trafficking ranks among the fastest growing crimes in California, with perpetrators of the crime becoming more organized each year. Currently, the most egregious forms of human trafficking involving sex acts and the coercion of children for sex acts are not considered a serious or violent felony. -160-
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In 2016, the voters of this state approved Proposition 57, which among its many drafting errors and vagaries, included the undefined term "convicted of a non- violent felony offense." Generally it was assumed, and confirmed by the Governor's spokesman, that the term meant only the 23 offenses/categories of crime listed in Penal Code section 667.5 (c). However, presumably the intention behind leaving the term undefined was to allow the Legislature and Governor an opportunity to alter the definition of "non-violent" if needed. That is exactly what this measure aims to do. While most nonviolent crimes involve criminal conduct in which no physical injury occurs, many crimes involving physical injury and threat of physical injury are considered "nonviolent" simply because they aren't included in code.
It is time that California draws the appropriate attention to human trafficking by including it in the crimes listed under PC 667.5 (i.e. violent felonies) for which special consideration be given upon sentencing. The majority of victims in California are local young adults who suffer horrific conditions.
2. Human Trafficking Generally
According to the California Department of Justice's (DOJ) website:
The United States is widely regarded as a destination country for human trafficking. Federal reports have estimated that 14,500 to 17,500 victims are trafficked into the United States annually. This does not include the number of victims who are trafficked within the United States each year. According to the National Human Trafficking Hotline, 10,949 cases of human trafficking were reported in the United States in 2018. According to the hotline, California is one of the largest sites of human trafficking in the United States. In 2018, 1,656 cases of human trafficking were reported in California. Of those cases, 1,226 were sex trafficking cases, 151 were labor trafficking cases, 110 involved both labor and sex trafficking, and in 169 cases the type of trafficking was not specified.
There is no single profile of a trafficking victim. Victims of human trafficking include not only men and women lured into forced labor by the promise of a better life in the United States, but also boys and girls who were born and raised here in California. Trafficking victims come from diverse backgrounds in terms of race, color, national origin, disability, religion, age, gender, sexual orientation, gender identity, socioeconomic status, education level, and citizenship status, but one characteristic that they usually share is some form of vulnerability.
Trafficking victims are often isolated from their families and social networks and, in some cases, are separated from their country of origin, native language, and culture. Many domestic victims of sex trafficking are runaway or homeless youth and/or come from backgrounds of sexual and physical abuse, incest, poverty, or addiction. Traffickers exploit these vulnerabilities, promising the victims love, a good job, or a more stable life.
(See California DOJ website https://oag.ca.� ov/human-traffickin�/what-is > [as of Mar. 29, 2022].)
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3. Existing Human Trafficking Penalties
California's human trafficking law was enacted by AB 22 (Lieber) Chapter 240, Statutes of 2005. AB 22 provided that the essence of human trafficking is the deprivation of the victim's liberty in order to place the person in sexual commerce or obtain labor.
In 2012, California voters enacted Proposition 35 which modified many provisions of California's already tough human trafficking laws. Specifically, Proposition 35 expanded the definition of human trafficking and increased criminal penalties and fines for human trafficking offenses. The proposition specified that the fines collected are to be used for victim services and law enforcement. In criminal trials, the proposition makes evidence of sexual conduct by a victim of human trafficking inadmissible for the purposes of attacking the victim's credibility or character in court. The proposition also lowered the evidentiary requirements for showing of force in cases of minors. (See Proposition 35 voter guide available at Secretary of State's website, http://www.voterguide.sos.ca.aoy/past/2012/ eg neral/propositions/35/analysis.htm> (as of Apr. 22, 2015.)
The current penalty for human trafficking for the purposes of obtaining forced labor or services is imprisonment in state prison for up to 12 years. Human trafficking for the purpose of specified sexual conduct, obscene matter or extortion, is punishable by up to 20 years imprisonment in state prison. If the offense involves causing a minor to engage in a commercial sex act, the penalty imposed may be 15-years to life. (Pen. Code, § 236.1.) The court may also impose up to a $1.5 million fine on a person convicted of human trafficking. (Pen. Code §§ 236.1 and 236.4.) A person convicted of human trafficking for sexual conduct is also required to register as a sex offender. (Pen. Code, § 290, subd. (c).) Any property of money used to facilitate human trafficking is subject to seizure. (Pen. Code, § 236.8.) If great bodily injury is inflicted on the victim to commit the human trafficking crime, an enhancement adding 5, 7, or 10 years in state prison applies. (Pen. Code, § 236.4, subd. (b).)
4. Violent Felony Designation
This bill adds human trafficking to the list of offenses that are designated a "violent felony." While the crime of human trafficking is not listed as a violent felony, the act of human trafficking could involve crimes that are already designated as a violent serious felony such as rape, kidnapping, threatening a victim or witness, personal use of a dangerous or deadly weapon, among others. Additionally, any felony where great bodily injury is inflicted on another person or any felony punishable by life in prison is already a violent felony. (Pen. Code, § 667.5, subd. (0.)
Designating an offense as a violent felony affects enhancements, credit earning limitations, sentencing restrictions, among others consequences.
a. Enhancements
Existing law requires a person who is convicted of a violent felony who has been convicted of a prior violent felony to receive a three-year sentencing enhancement for each prior prison term served. (Pen. Code, § 667.5.) If the violent felony was committed for the benefit of a gang, the person shall receive an additional 10 years on top of their sentence. (Pen. Code, § 186.22, subd. (b).)
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b. Credit Earning Limitations
Generally, when a person is confined in state prison, the defendant may earn additional credits against their sentence at a rate of 6 months for every 6 months seined (50 percent). (Pen. Code, § 2933.) These credits must be earned, and likewise may be forfeited. (Ibid.) However, persons convicted of certain offenses can have their custody credit earning further limited. Under Penal Code section 2933.1, a defendant convicted of a violent felony as defined by Penal Code section 667.5, subdivision (c), has their presentence conduct credits limited to 15 percent of actual confinement time. (Cal. Code Regs., tit. 15, § 3043.1; People v. Brown (2012) 54 Cal.4h 314, 321.) A violent felony conviction also affects post -sentence credits. Proposition 57, approved by California voters on November 8, 2016, gave incarcerated persons in state prison the ability to earn additional, nonstatutory credits for sustained good behavior and for approved rehabilitative or educational achievements. The ability to earn these credits incentivizes incarcerated people to take responsibility for their own rehabilitation by providing credit -earning opportunities for sustained good behavior, as well as in -prison program and activities participation. The initiative required California Department of Corrections and Rehabilitation (CDCR) to promulgate regulations implementing the credit earning provisions of the initiative. Under CDCR's regulations effective May 1, 2021, a violent felony limits good conduct credits to 33.3 percent of the total incarceration time, as opposed to 50 percent for a non-violent felony. (hgps:// www.cdcr.ca.gov/proposition57/ [as of Apr. 7, 2022]; 15 Cal. Code of Regs. § 3043.2.) Additionally, a person serving time for a violent felony is not eligible for nonviolent parole consideration.
This bill adds human sex trafficking to the list of violent felonies which would subject the offense to the credit limitations discussed above.
c. Sentencing Restrictions
When a person has a prior violent felony conviction, even if the new offense is not violent and would otherwise be eligible to be served in county jail, the person must serve their sentence in state prison. (Pen. Code, § 1170, subd. (h)(3).) A person convicted of a violent felony cannot receive probation if they are currently on felony probation. (Pen.
Code, § 1203, subd. (k).)
Additionally, specified affirmative defenses and vacatur relief provisions do not apply to a person who is charged with or convicted of a violent felony. (See Pen. Code, §§ 236.14 [human trafficking vactur relief]; 236.23 [human trafficking victim affirmative defense]; 236.24 [intimate partner violence or sexual violence victim affirmative defense].)
d. Three Strikes Implications
Generally, a crime that is listed as a violent felony list in Penal Code section 667.5 are considered strikes for purposes of California's Three Strikes law. However, the Three Strikes law contains a "lock -in" date of November 7, 2012 which was the last date the law was amended. [Proposition 36, approved by California voters on November 7, 2012, -163-
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required the third strike to be either a violent or serious felony.] The effect of the lock -in date is to provide that the listed offenses are "strikes" as of that date. As long as an offense is deemed a strike as of the listed date, the Three Strikes sentencing provisions apply to enhance a person's sentence even if the person was convicted of the offense prior to it being deemed a strike. The specified date also acts to disallow adding a new strike unless the date is extended.
This bill does not amend the lock -in date, thus this bill does not add human sex trafficking as a strike for purposes of the Three Strikes law. However, if the lock -in date is amended at a future date, then all offenses that are currently in Penal Code section 667.5 would become a strike even if it had not originally been included in the Three Strikes law when the offense was added.
5. Prison Overcrowding
In January 2010, a three judge panel issued a ruling ordering the State of California to reduce its prison population to 137.5% of design capacity because overcrowding was the primary reason that CDCR was unable to provide inmates with constitutionally adequate healthcare. (Coleman/Plata vs. Schwarzenegger (2010) No. Civ 5-90-0520 LKK JFM P/NO. CO1-1351 THE.) The United State Supreme Court upheld the decision, declaring that "without a reduction in overcrowding, there will be no efficacious remedy for the unconstitutional care of the sick and mentally ill" inmates in California's prisons. (Brown v. Plata (2011) 131 S.Ct. 1910, 1939; 179 L.Ed.2d 969, 999.)
After continued litigation, on February 10, 2014, the federal court ordered California to reduce its in -state adult institution population to 137.5% of design capacity by February 28, 2016, as follows: 143% of design bed capacity by June 30, 2014; 141.5% of design bed capacity by February 28, 2015; and, 137.5% of design bed capacity by February 28, 2016.
The court also ordered California to implement the following population reduction measures in its prisons:
• Increase prospective credit earnings for non-violent second -strike inmates as well as minimum custody inmates.
• Allow non-violent second -strike inmates who have reached 50 percent of their total sentence to be referred to the Board of Parole Hearings (BPH) for parole consideration. • Release inmates who have been granted parole by BPH but have future parole dates. • Expand the California Department of Corrections and Rehabilitation's (CDCR) medical parole program.
• Allow inmates age 60 and over who have served at least 25 years of incarceration to be considered for parole.
• Increase its use of reentry services and alternative custody programs. (Opinion Re: Order Granting in Part and Denying in Part Defendants' Request For Extension of December 31, 2013 Deadline, NO.2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v.
Brown, Plata v. Brown (2-10-14).) Following the implementation of these measures along with the passage of Proposition 47, approved by California voters in November 2014, California met the federal court's population cap in December 2015. (Defendants' December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, -164-
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Coleman v. Brown, Plata v. Brown.)
CDCR's March 2022 report on the prison population notes that as of March 9, 2022, the State's adult prison population is 91,260, or 111.3 percent of design capacity, down from 111.7 percent in the previous filing. (Three -Judge Court Quarterly Update, CDCR, (March 15, 2022) https://www.cdcr.ca.-gov/3-udge-court-update/ [as of Apr. 7, 2022].) While CDCR is currently in compliance with the three judge panel's order on the prison population, the state needs to maintain a "durable solution" to prison overcrowding "consistently demanded" by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants' Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3- Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14).) Adding crimes to the "violent" felony list which subjects the offense to additional penalties will result in increased sentences and limited ability to earn credits is inconsistent with the court ordered mandate of maintaining a durable solution to prison overcrowding.
6. Proposition 20
Proposition 20 was a ballot initiative of the November 2020 election which, among other things, would have defined 51 crimes and sentence enhancements as violent in order to exclude them from Proposition 57's nonviolent offender parole program. Human trafficking was on this list.
Californians voters overwhelming rejected Proposition 20, by almost 62 percent. (Proposition 20, the "Criminal Sentencing, Parole, and DNA Collection Initiative" https://ballotpedia.orWCalifornia Proposition 20, Criminal Sentencing, Parole, and DNA C ollection Initiative (2020)> [as of Apr. 11, 2022].) Arguably, this bill ignores the will of the voters by adding human trafficking to the list of violent felonies.
7. Argument in Support
According to the California District Attorneys' Association:
Human slavery remains a concern across the country and especially here in California. Both sex and labor traffickers operate across jurisdictional lines in order to avoid detection. California's extensive borders, highways, ports, and airports make it a prime hub for traffickers. The National Human Trafficking Center Resource Hotline receives more reports on human trafficking from California than from any other state. Clearly, something must be done to deter traffickers in California.
SB 1072 seeks to address this issue by making human trafficking a violent offense under 667.5.
8. Argument in Opposition
According to the California Public Defenders Association:
The penalties for a violation of the human sex trafficking statute, Penal Code section 236.1, are already very high; the basic penalty is 5-, 8-, or 12-years prison; with penalties for aggravated offenses of 8, 14, or 20 years for some, and 15 years -165-
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to life for others. Many violations of this complex statute are already violent felonies.
Those punishments already fit the crimes involved. Adding them to the "violent felony' list would make the punishment longer because people convicted of violent felonies are only eligible for sentence reduction credits in prison pursuant to Penal Code section 2933.1, and related sections of California Code of Regulations Title 15, related to prisons. For any future offenses, the individuals would be eligible for three additional years in state prison.
There is no reason to believe that those already harsh punishments are not adequate already to deter and punish. There is no reason to believe that increasing those punishments would have any further deterrent impact. -- END —
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AUTHENTICATED
... ELECTRONIC LEGAL NIATER[AL
State of California
PENAL CODE
Section 236.1
236.1. (a) A person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000).
(b) A person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than five hundred thousand dollars ($500,000).
(c) A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking. A violation of this subdivision is punishable by imprisonment in the state prison as follows:
(1) Five, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000).
(2) Fifteen years to life and a fine of not more than five hundred thousand dollars ($500,000) when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (d) In determining whether a minor was caused, induced, or persuaded to engage in a commercial sex act, the totality of the circumstances, including the age of the victim, the victim's relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be considered. (e) Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section. (f) Mistake of fact as to the age of a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section.
(g) The Legislature finds that the definition of human trafficking in this section is equivalent to the federal definition of a severe form of trafficking found in Section 7102(11) of Title 22 of the United States Code.
(h) For purposes of this chapter, the following definitions apply:
(1) "Coercion" includes a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt -167-
bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person's judgment. (2) "Commercial sex act" means sexual conduct on account of which anything of value is given or received by a person.
(3) "Deprivation or violation of the personal liberty of another" includes substantial and sustained restriction of another's liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
(4) "Duress" includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which the person would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim.
(5) "Forced labor or services" means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person. (6) "Great bodily injury" means a significant or substantial physical injury. (7) "Minor" means a person less than 18 years of age.
(8) "Serious harm" includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm. (i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of "deprivation or violation of the personal liberty of another," "duress," and "coercion" as described in this section.
(Amended by Stats. 2021, Ch. 124, Sec. 34. (AB 938) Effective January 1, 2022.) •:
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
PENAL CODE
Section 667.5
667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a) If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant when the prior offense was one of the violent felonies specified in subdivision (c).
However, an additional term shall not be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction.
(b) Except when subdivision (a) applies, if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended.
(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, "violent felony" means any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262. (4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on a person other than an accomplice, which has been charged and proved as provided for in Section 9_MM
12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or 0) of Section 289. (12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. (22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. (d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. (e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170. (f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in countyjail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.
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(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprison went on revocation of parole that is not accompanied by a new commitment to prison, and including any reitmprisonment after an escape from incarceration.
(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. 0) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison. (k) (1) Notwithstanding subdivisions (d) and (g) or any other law, when one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.
(2) This subdivision does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.
(Amended by Stats. 2021, Ch. 626, Sec. 28. (AB 1171) Effective January 1, 2022.) -171-