(1) Subject to the provisions of this section, a municipal or county court, or multiple municipal or county courts, may create and administer a program for certain persons who are charged with soliciting for prostitution, as described in section 18-7-202, C.R.S., patronizing a prostitute, as described in section 18-7-205, C.R.S., or any corresponding municipal code or ordinance.
(2) A program created and administered by a municipal or county court or multiple municipal or county courts pursuant to subsection (1) of this section must:
(a) Permit enrollment in the program only by an offender who either:
(I) (A) Has no prior convictions or any charges pending for any felony; for any offense described in section 18-3-305, 18-3-306, or 18-13-128, C.R.S., in part 4 or 5 of article 3 of title
18, C.R.S., in part 3, 4, 6, 7, or 8 of article 6 of title 18, C.R.S., in section 18-7-203 or 18-7-206,
C.R.S., or in part 3, 4, or 5 of article 7 of title 18, C.R.S.; or for any offense committed in another state that would constitute such an offense if committed in this state; and
(B) Has been offered and has agreed to a deferred sentencing arrangement as described in subsection (3) of this section; or
(II) (A) Has at least one prior conviction for any offense described in section 18-7-201, 18-7-202, 18-7-204, 18-7-205, or 18-7-207, C.R.S.; or for any offense committed in another state that would constitute such an offense if committed in this state; and
(B) Has been sentenced by a court to complete the program as part of the penalty imposed for a subsequent conviction for soliciting for prostitution, as described in section 18-7202, C.R.S., patronizing a prostitute, as described in section 18-7-205, C.R.S., or any corresponding municipal code or ordinance.
Permit the court or courts to require each offender who enrolls in the program to payan administration fee, which fee the court or courts shall use to pay the costs of administering the program;
To the extent practicable, be available to offenders, courts, and prosecutors of otherjurisdictions; and
Be administered by the court or courts with assistance from one or more municipalprosecutor's offices, one or more district attorney's offices, one or more state or local law enforcement agencies, and one or more nonprofit corporations, as defined in section 7-121-401, C.R.S., which nonprofit corporations have a stated mission to reduce human trafficking or prostitution. The court or courts are encouraged to consult, in addition to the aforementioned entities, recognized criminology experts and mental health professionals.
(3) (a) Enrollment in the program shall be offered to each offender at the sole discretion of the prosecuting attorney in each offender's case.
(b) If the prosecuting attorney offers enrollment in the program to an offender as a condition of a plea bargain agreement as described in subparagraph (I) of paragraph (a) of subsection (2) of this section, the agreement shall include at a minimum the following stipulations:
The offender shall enter a plea of guilty to the prostitution-related offense or offenseswith which he or she is charged;
The court shall defer judgment and sentencing of the offender for a period not toexceed two years, as described in section 18-1.3-102 (1), C.R.S., during which time the offender shall enroll in and complete the program and may be required to pay an administration fee, as described in paragraph (b) of subsection (2) of this section;
Upon the offender's satisfactory completion of the program, the court shall dismisswith prejudice the prostitution-related charge or charges;
The offender shall waive his or her right to a speedy trial; and
If the offender fails to complete the program or fails to satisfy any other condition ofthe plea bargain agreement, he or she shall be sentenced for the offenses to which he or she has pleaded guilty and shall be required to pay a fine of not less than two thousand five hundred dollars and not more than five thousand dollars, or the maximum amount available to a municipal or county court, in the discretion of the court, in addition to any other sentence imposed by the court.
(c) If the prosecuting attorney offers enrollment in the program to an offender pursuant to subparagraph (II) of paragraph (a) of subsection (2) of this section and the offender fails to complete the program, the offender shall be required to pay a fine of not less than two thousand five hundred dollars and not more than five thousand dollars, or the maximum amount available to the municipal or county court, in the discretion of the court, in addition to any other sentence imposed by the court.
(4) If a municipal or county court or multiple municipal or county courts create and administer a program pursuant to subsection (1) of this section, the court or courts shall prepare and submit a report to the judiciary committees of the house of representatives and senate, or any successor committees, concerning the effectiveness of the program. The court or courts shall submit the report not less than two years nor more than three years after the creation of the program. The report shall include information concerning:
The cost of the program and the extent to which the cost is mitigated by the imposition of the fees described in paragraph (b) of subsection (2) of this section; and
The effectiveness of the program in reducing recidivism among persons who commitprostitution-related offenses.
Source: L. 2011: Entire section added, (SB 11-085), ch. 257, p. 1126, § 2, effective August 10. L. 2013: (2)(a)(II)(A) amended, (HB 13-1166), ch. 59, p. 195, § 3, effective August 7. L. 2016: IP(2) and (2)(a)(I)(A) amended, (SB 16-146), ch. 230, p. 914, § 5, effective July 1.
Cross references: For the legislative declaration in the 2011 act adding this section, see section 1 of chapter 257, Session Laws of Colorado 2011.