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Report to the Legislature - Criminal Penalty Fees Related to Sexual Exploitation Crimes (January 7, 2020)

Summary

Criminal Penalty Fees Related to Sexual Exploitation Crimes per RCW 43.280.100, a report to the Legislature dated January 7, 2020, from the Office of Crime Victims Advocacy of the Washington State Department of Commerce, with Lisa Brown as Director. It is the sixth annual report on fee revenue and expenditures for state fiscal year 2019 (SFY 2019). The executive summary states that if judges ordered the full fee amount for all crimes, potential revenue would total $474,350, while judges in superior, district and municipal courts ordered $257,496. The table of contents lists sections on fee assessments and crime rates and how jurisdictions reported expending the funds, with Appendix C on King County's approach.

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“Report to the Legislature - Criminal Penalty Fees Related to Sexual Exploitation Crimes (January 7, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-criminal-penalty-fees-2019-c4de2487-e43c-4c4b-92a5-6a6688ed4e55-e562f3c6ae/, SHA-256 74a0f1ed4efc3dcb700599cdc1601899d50c24bea8ca5e48d7c307bc67bb562c.

Full text

Criminal Penalty Fees
Related to Sexual
Exploitation Crimes



Per RCW 43.280.100




                     January 7, 2020

                     REPORT TO THE LEGISLATURE

                     Lisa Brown, Director
Acknowledgments
Washington State Department of Commerce
Diane Klontz, assistant director, Community Services and Housing Division

Rick Torrance, managing director, Office of Crime Victims Advocacy

Alice Zillah, section manager, Research Services, Community Assistance and Research Unit




 Rick Torrance, managing director, 360-725-2059, richard.torrance@commerce.wa.gov

 Washington State Department of Commerce
 OFFICE OF CRIME VICTIMS ADVOCACY

 1011 Plum St. SE
 P.O. Box 42525
 Olympia, WA 98504-2525

 www.commerce.wa.gov
 For people with disabilities, this report is available on request in other formats. To submit a request, please
 call 360.725.4000 (TTY 360.586.0772)
 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                     2
Table of Contents
Executive Summary........................................................................................................................... 2

Introduction ...................................................................................................................................... 3

Fee Assessments and Crime Rates .................................................................................................... 5

How Jurisdictions Reported Expending the Funds ............................................................................ 11

Appendix A: Distribution of Criminal Penalty Fees............................................................................ 14

Appendix B: Courts with Convictions for Applicable Charges............................................................ 15

Appendix C: King County's Approach ............................................................................................... 18




  2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                               1
Executive Summary
Overview
In 2013, the Washington State Legislature levied additional fees on the crime of commercial sexual
abuse of a minor (CSAM) and other sexual exploitation crimes. The fees, ordered on persons convicted
of crimes, are in addition to other criminal penalties, including statutory fines and jail time. Local
jurisdictions retain the majority of the revenue from these fees to fund preventative efforts, services for
victims, and law enforcement activities to reduce the commercial sale of sex. Judges may reduce
some of the fees by up to two-thirds if the judge finds, on the record, that an offender cannot pay.
Courts may not entirely waive any of the fees.

This report, for state fiscal year 2019 (SFY 2019), is the sixth annual report prepared by the Washington
State Department of Commerce (Commerce) on the fee revenue and expenditures related to this set of
crimes. See the Introduction on page 6 for the full statutory requirement for this report.

Key Findings
In state fiscal year 2019:

   Ten courts reported $100 or less collected during SFY 2019, and therefore they were not surveyed.
   Through email and phone contacts, researchers surveyed the 17 jurisdictions that collected greater
   amounts to find out how cities and counties used the funds. Fourteen courts responded.

   Law enforcement officers made 13% fewer arrests for sexual exploitation crimes compared to SFY
   2018. The number of convictions, however, remained close to the same -- 358 in SFY 2019,
   compared to 363 in SFY 2018.

   In SFY 2019, 68 courts in Washington handed down convictions for the crimes that bear the
   additional fee. Of these courts, 23 levied the statutorily required fees. Twenty-one courts collected
   revenue toward payment of the fees.

   On balance, Washington state courts levied 54% of the total amount of penalty fees possible for
   convictions of sexual exploitation crimes.

   If judges ordered persons convicted of crimes to pay the full fee amount for all crimes, potential
   revenue would total $474,350. Instead, judges in superior, district and municipal courts ordered
   $257,496. Out of the amount levied, courts collected a total of $174,891.

   As in the prior five years, courts in King County both levied and collected the majority of the fees –
   92% and 96% of the totals, respectively.

Conclusion
As in recent years, it does not appear that courts are ordering persons convicted of crimes to pay the
amounts that statutes require for their crimes. It is beyond the scope of this report to investigate why
many courts are not imposing these fees. Further research and judicial outreach could lead to a better
understanding of the reasons courts do not consistently levy the fees.


 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                       2
Introduction
Background
In 2013, the Washington State Legislature passed Chapter 121, Laws of 2013 (ESHB 1291), concerning
prostitution and the commercial sexual abuse of minors, and directed Commerce to:

"… prepare and submit an annual report to the legislature on the amount of revenue collected by local
jurisdictions under RCW 9.68A.105, 9A.88.120, or 9A.88.140 and the expenditure of that revenue [RCW
43.280.100]."

The three statutes listed above levy fees on convictions related to prostitution and the commercial
sexual exploitation of children. The fees are in addition to other penalties, including statutory fines and
jail time. Courts levy the fees on persons convicted of crimes who have entered into a statutory or non-
statutory diversion agreement 1 because of arrests for one of the applicable crimes. Table 1 lists the
statutes, the additional penalty, and the crimes to which the penalty applies.

Statutes 9.68A.105, 9A.88.120, and 9A.88.140 describe how jurisdictions must use the revenue from
the fees collected:

    Cities and counties must spend at least 50% of the revenue on prevention and rehabilitation
    services for victims. Prevention includes education programs for persons convicted of crimes, such
    as “john school,” which provides curriculum on the sexual exploitation of women, legal
    ramifications, and confronting and healing from sexual addiction. Rehabilitative services for victims
    include mental health and substance abuse counseling, parenting skills, housing relief, education,
    vocational training, drop-in centers, and employment counseling.

    Jurisdictions may use up to 48% for local efforts to reduce the commercial sale of sex, including,
    but not limited to, increasing enforcement of commercial sex laws.

    Two percent (2%) of the revenue must be remitted quarterly to Commerce, together with a report
    detailing the fees assessed, the revenue received, and how that revenue was spent.

Judges may reduce some of the fees if the court finds, on the record, that the offender does not have
the ability to pay the fee. In those cases, judges may only reduce the fee by up to two-thirds.

Courts may not make any reductions to the fees attached to vehicle impoundment. Impounding
agencies collect these fees if a law enforcement officer impounds a vehicle used in the commission of
a commercial sexual abuse of a minor (CSAM) crime or prostitution-related crime, or if other conditions
are met. The owner must pay the fee before redeeming the vehicle. If the defendant subsequently is
found not guilty of the crime, the defendant is entitled to a refund of the fee.




1 RCW 9A.88.120 defines statutory or non-statutory agreement as an agreement under RCW 13.40.080 or any written

agreement between a person accused of an offense and a court, county, or city prosecutor, whereby the person agrees to
fulfill certain conditions in lieu of prosecution.


 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                        3
Table 1: Statutes Modified by Chapter 121, Laws of 2013

                                                                                          Amount by
                                                                                          Which Penalty
                 Additional Penalty                                                       Can be
 Statute         Amount                         Crimes to Which Penalty Applies           Reduced

                                                9.68A.100 – Commercial Sexual Abuse
                                                of a Minor (CSAM)
 9.68A.105       $5,000                                                                   The court may not
                                                9.68A.101 – Promoting CSAM
                                                                                          reduce, waive, or
                                                9.68A.102 – Promoting travel for CSAM
                                                                                          suspend payment
                                                                                          of all or part of the
                 $50                            9A.88.010 – Indecent exposure             fee assessed
                                                                                          unless it finds, on
                 $50                            9A.88.030 – Prostitution                  the record, that the
                                                                                          adult offender
                 $1,500 for a first offense                                               does not have the
                 $2,500 for second offense      9A.88.090 – Permitting prostitution       ability to pay, in
 9A.88.120       $5,000 for third or greater    9A.88.110 – Patronizing a prostitute      which case it may
                 offense                                                                  reduce the fee by
                                                                                          an amount up to
                                                                                          two-thirds of the
                 $3,000 for first offense       9A.88.070 – Promoting prostitution in
                                                                                          maximum
                 $6,000 for second offense      the first degree
                                                                                          allowable fee.
                 $10,000 for third or greater   9A.88.080 – Promoting prostitution in
                 offense                        the second degree

                                                9A.88.140 – Vehicle impoundment fine
                                                for:
                                                  9A.88.110 – Patronizing a prostitute
                                                  9A.88.070 – Promoting prostitution in
                 $500                           the first degree
                                                  9A.88.080 – Promoting prostitution in
                                                the second degree
                                                  9A.88.085 – Promoting travel for        May not be waived
 9A.88.140                                      prostitution                              or reduced

                                                9A.88.140 – Vehicle impoundment fine
                                                for:
                                                  9.68A.100 – CSAM
                 $2,500
                                                  9.68A.101 – Promoting CSAM
                                                  9.68A.102 – Promoting travel for
                                                CSAM

Source: Revised Code of Washington (RCW)




 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                 4
Fee Assessments and Crime Rates
In state fiscal year 2019, 68 courts in Washington handed down convictions for the crimes that bear the
additional penalty fee. Of these, 23 courts -- just 34% of the total -- levied the statutorily required fees.
This indicates that many courts in Washington are not assessing the fees, or are levying only a fraction
of what they could.

   Kitsap County had 19 convictions for offenses ranging from indecent exposure to commercial
   sexual abuse of a minor (CSAM). If judges had levied all of the fees possible, it would have totaled
   $46,450. However, only $3,467 was imposed on persons convicted of crimes.

   King County Superior Court, which levies and collects far more than most courts, assessed only
   23% of the total potential fees -- $58,339 levied out of a maximum possible of $251,500.

   Pierce County Superior Court had seven convictions for the crime of CSAM, each of which carries a
   $5,000 fee. However, the court only levied $3,000, less than 10% of the maximum possible of
   $35,000.

   Spokane County Superior Court had four convictions for CSAM, for a total of $20,000 in possible
   fees, but did not levy any amount at all.

   Jefferson County Superior Court had three convictions for CSAM, for a total of $15,000 possible,
   but levied only $1,667.

Overall, courts assessed 54% of the total possible fee amount – $257,496 out of a potential $474,350.
As in the previous five years, courts in King County both levied and collected the great majority of the
fees. It is beyond the scope of this report to investigate why many courts are not imposing these fees.

Table 2 lists the number of arrests and convictions for the relevant crimes, the maximum possible
amount of fees judges can assess for those crimes, the actual fees assessed, and the fees collected
for each county in Washington. Appendix B contains a complete list of all courts that imposed
convictions for the applicable crimes, and the amounts assessed and collected.

Table 2: Arrests, Convictions, and Fees by County - State Fiscal Year 2019

                Arrests for                 Convictions for                Fees              Fees
 County         Applicable Charges          Applicable Charges             Assessed          Collected

 Adams                                 1                               0               $0                $0

 Asotin                                7                               4               $0                $0

 Benton                               16                               7           $5,000             $494

 Chelan                                5                               2               $0             $727

 Clallam                              14                              11               $0                $0



 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                         5
               Arrests for              Convictions for            Fees            Fees
County         Applicable Charges       Applicable Charges         Assessed        Collected

Clark                           42                           13          $5,000           $555

Cowlitz                         15                            4               $0               $0

Douglas                             0                         2               $0               $0

Ferry                               1                         0               $0               $0

Franklin                        18                            2          $3,000          $2,000

Grant                               6                         1               $0               $0

Grays
                                13                            3               $0           $33
Harbor

Island                              1                         0               $0               $6

Jefferson                           4                         4          $1,667                $0

King                           526                           159       $235,738        $168,112

Kitsap                          21                           19          $3,467           $550

Kittitas                            5                         0               $0               $0

Lewis                               7                         7            $50             $50

Mason                               1                         0               $0               $0

Okanogan                            7                         4            $17                 $0

Pend Oreille                        0                         1               $0               $0

Pierce                         117                           57          $3,142          $1,234

San Juan                            0                         1               $0               $0

Skagit                          35                            4               $0               $0

Skamania                            1                         0               $0               $0

Snohomish                       77                           10           $120            $189

Spokane                         87                            9               $0          $796




2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                               6
                      Arrests for                          Convictions for                           Fees                    Fees
  County              Applicable Charges                   Applicable Charges                        Assessed                Collected

  Stevens                                            2                                         0                      $0                     $0

  Thurston                                          54                                        10                    $50                      $0

  Walla Walla                                        6                                         2                      $0                     $0

  Whatcom                                           16                                        11                      $0                     $0

  Whitman                                            5                                         1                    $50                      $0

  Yakima                                            21                                        10                   $195                   $145

  Totals                                        1,131                                       358              $257,496               $174,891

Sources: the Administrative Office of the Courts, Washington State Patrol, King County Superior Court, and Seattle Municipal Court. Columbia,
Garfield, Klickitat, Lincoln, Pacific, and Wahkiakum counties had no arrests, convictions, or fees collected during state fiscal year 2019 and are
therefore not included.

The total amount of potential fees is determined by calculating the convictions for each crime category.
Table 3 illustrates the total amount of potential fees compared to the actual amount courts levied.

Table 3: Amounts Levied as a Percentage of Total Potential Fees
  $900,000
                                                                                  $822,100
                                                                                                        $780,959
  $800,000

  $700,000                              $669,850             $645,900
  $600,000
                  $507,550
                                                                                                                             $474,350
  $500,000

  $400,000                                                        $369,307

  $300,000                                   $249,449                                   $252,592             $253,013             $257,496
                        $213,433
  $200,000

  $100,000

         $-
                       2014                 2015                  2016                 2017                 2018                  2019

                                                 Total Possible Fees       Amount of Fees Levied


Sources: the Administrative Office of the Courts, Washington State Patrol, King County Superior Court, and Seattle Municipal Court.




  2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                            7
Background on Fees and Payments
Many individuals convicted of crimes do not pay fees all at once but instead enter into a payment plan
with the court. As they pay off the fees, court clerks code them into the Judicial Information System
(JIS) and Odyssey system used by most courts in Washington. Therefore, revenue from fees can be
greater during a given year than the amount of fees assessed, as offenders gradually pay off their
penalties.

The Administrative Office of the Courts (AOC) is responsible for establishing new codes in JIS Odyssey
and informing courts about which codes to use. AOC codes data in these systems to the fund account,
rather than to the statute applicable to the crime. As a result, it is not possible to separate the funds
collected by the offense committed.

Once court clerks receive the revenue and allocate it to a code, the city or county treasurer is
responsible for establishing an account for the monies. Some cities contract with their county to act as
treasurer for the jurisdiction. Then, the jurisdiction must decide which department, office, or official is
responsible for deciding how to spend the funds, allocating the amounts according to the guidance
established by the Legislature, and ensuring that the quarterly reports are sent to Commerce.

The Washington State Patrol (WSP) maintains data by county on the number of arrests and convictions
for all crimes in Washington. Some cities, notably Seattle, have municipal codes used for misdemeanor
offenses and which effectively replace the applicable state statute for that crime in the city’s data
system. Therefore, the researchers for this report obtained data on arrests, cases, and convictions for
crimes committed within the city of Seattle from the Seattle Municipal Court.

Because the applicable crimes include both misdemeanors and felonies, the courts impacted include
municipal and district courts (known as courts of limited jurisdiction, or CLJs), and superior courts,
which hear serious felonies.

Certain courts, including the Seattle Municipal Court, do not use JIS or Odyssey. Additionally, some
municipal courts contract with their county district courts to collect fees on their behalf. For instance,
King County District Court contracts with the cities of Beaux Arts, Bellevue, Burien, Carnation,
Covington, Duvall, Kenmore, Redmond, Sammamish, Shoreline, Skykomish, and Woodinville. The
information on fees collected and assessed by those cities is merged with the data for King County
District Court.

Crime Rates
In SFY 2019, law enforcement officers made 13% fewer arrests for sexual exploitation crimes
compared to SFY 2018. The number of convictions, however, remained close to the same - 358 in SFY
2019, compared to 363 in SFY 2018.

Table 4 lists the number of arrests, cases, and convictions for these crimes. The table also includes the
crime of trafficking that carries an additional $10,000 penalty fee. However, the fee for trafficking is not
subject to the same dispersal as those specified under RCW 9.68A.105, RCW 9A.88.120, and RCW
9A.88.140.




 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                        8
Table 4: Statewide Arrests and Convictions Per-Crime - State Fiscal Year 2019

                                                                                                 Number of             Number of
  Statute           Charge                                                                       Arrests               Convictions

  9.68A.100         Commercial Sexual Abuse of a Minor (CSAM)                                                   60                    30

  9.68A.101         Promoting Commercial Sexual Abuse of a Minor                                                19                      3

  9.68A.102         Promoting Travel for Commercial Sexual Abuse of a Minor                                       5                     1

  9.68A.103         Permitting Commercial Sexual Abuse of a Minor                                                 0                     0

  9A. 40.100        Trafficking                                                                                 37                      1

  9A.88.010         Indecent Exposure                                                                         656                    197

  9A.88.030         Prostitution                                                                                67                    20

  9A.88.070         Promoting Prostitution in the First Degree                                                  27                      4

  9A.88.080         Promoting Prostitution in the Second Degree                                                 55                    79

  9A.88.085         Promoting Travel for Prostitution (Vehicle Impoundment)                                       0                     0

  9A.88.090         Permitting Prostitution                                                                       1                     4

  9A.88.110         Patronizing a Prostitute                                                                  204                     19

  TOTAL                                                                                                     1,131                    358

Source: The Washington State Patrol provided data on statewide arrests and convictions, and Seattle Municipal Court provided data on arrests
and convictions within the city of Seattle.

The relatively high number of arrests for trafficking – 37 – compared to the sole conviction suggests
that many of these cases are instead prosecuted for the lesser charge of promoting prostitution. In
addition, if an investigation reveals that the victim(s) was underage, the prosecutor may elect to press a
felony charge of CSAM instead of a trafficking charge. Finally, an arrest made in one year can lead to a
case that takes more than a year to prosecute and resolve, which explains why some charges have
fewer arrests than convictions in SFY 2019.




  2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                      9
Table 5: Statewide Totals of Arrests and Convictions - 2014 through 2019
 1,600
                                                                              1,439
 1,400
              1,282                                                                                1,294
                                    1243
                                                        1,187
 1,200                                                                                                                  1,131


 1,000

   800

   600
                                                                                      490
                                           418                  418
                      349                                                                                  363                  358
   400

   200

      0
                 2014                  2015                 2016                 2017                 2018                 2019

                                      Number of arrests                       Number of convictions
                                      Linear (Number of arrests)              Linear (Number of convictions)


Source: The Washington State Patrol provided data on statewide arrests and convictions, and Seattle Municipal Court provided data on arrests
and convictions within the city of Seattle.




  2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                    10
How Jurisdictions Reported Expending the Funds
Overview
In SFY 2019, 68 courts in Washington handed down convictions for the crimes that bear the additional
fee. Of these courts, 23 levied the statutorily required fees. Twenty-one courts collected revenue
towards payment of the fees. An additional eight courts collected revenue but did not assess fees,
which indicates the revenue was from persons convicted of crimes paying off fees levied in past years.

Ten courts reported $100 or less collected during SFY 2019, and therefore they were not surveyed.
Researchers surveyed the 17 jurisdictions that collected greater amounts through email and phone
contacts to determine how cities and counties used the funds.

As in previous years, jurisdictions were provided with a chart (Appendix A) showing the relevant
statutes and the statutory dispersal formula for the funds.

In most cases, it was necessary to speak with another department (for instance, the city or county
treasurer, the police department, or the prosecutor’s office) to learn whether the funds had been
allocated, and if so, how they had been spent.

Of the 17 courts contacted, 14 responded to the survey. The following information lists how each
jurisdiction described expending the funds.

Reports by Jurisdiction
Bellevue Municipal Court
Bellevue used the funds to pay for hotel lodging for several victims of suspected trafficking while their
cases were under investigation, and they were being connected to services.

Benton County Superior Court
Benton County has not spent any of the funds. The county plans to wait until more money accumulates
and then work with the community to decide how best to spend the funds.

Chelan County District Court
Chelan County has not yet expended the funds.

Clark County Superior Court
The Clark County Sheriff's Office uses the funds to supplement its work to address local prevention
efforts, victims' services, and law enforcement.




 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                     11
Federal Way Municipal Court
Federal Way used the funds for the police department's enforcement of laws to prevent sex
trafficking. The Federal Way Municipal Court also organized a meeting with the Coalition Against Sex
Trafficking and the court's judges, probation staff, prosecutors, defense attorneys, and conflict
attorneys. The same group is invited to participate in an upcoming two-day training on the EPIK Project,
a "mobilization strategy designed to engage men in the fight to end the demand for prostituted kids in
America."

King County (District and Superior Courts)
Please see Appendix C on page 22 for a discussion of King County's approach to prosecuting sexual
exploitation crimes, and using the revenue from fees for prevention and victim rehabilitation.

Kitsap County District Court
Kitsap County used the revenue from penalty fees to support the anti-trafficking activities of its
Prosecutor’s Office as well as advocacy and outreach efforts.

The Vice Unit within the Kitsap County Prosecutor’s Office handles all felony offenses involving human
trafficking, drugs and gang-related crimes. The felony human trafficking offenses prosecuted by this
unit include human trafficking, promoting commercial sexual abuse of a minor, promoting prostitution
in the first and second degrees, and violent felonies that occur during the commission of trafficking-
related offenses. The Vice Unit also acts as a liaison between the Kitsap County Prosecutor’s Office
and the various drug and human trafficking enforcement agencies in Kitsap County.

In addition to the four attorneys in the Vice Unit, Kitsap County has a full-time investigator whose focus
is criminal occurrences related to human trafficking, drugs and gangs.

Kitsap County also supports advocacy services, which include emotional support for both underage
and adult victims of human trafficking. Lastly, community outreach and education activities include
providing technical assistance and training to community and faith-based organizations, government,
law enforcement officials, and others.

SeaTac Municipal Court
SeaTac has not yet expended the funds.

Seattle Municipal Court
In May 2018, the Seattle Human Services Department released a request for proposals for Gender-
Violence Victim Support Services. Through the competitive process, Seattle identified medical support
services for survivors as an unsupported gap in its funding process.

The grant award was contracted to the Harborview Center for Sexual Assault and Traumatic Stress to
support sexual assault examination, therapeutic services, hotline support and other victim-support-
related services from 2019 through 2022. Harborview is the only medical facility in King County
certified as a Community Sexual Assault Center. Harborview provides emergency and continuing care
for survivors of abuse and exploitation, many of whom are low income, homeless and chemically




 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                     12
dependent. Harborview is also a member of the city of Seattle Coordinated Effort Against Sexual
Exploitation (CEASE) coalition.

The grant to supply medical services to survivors, as well as other programs to curb sexual exploitation,
is funded in part from the criminal penalty fines paid by those convicted of the crimes outlined in this
report.

In state fiscal year 2019, Seattle law enforcement officers made about 58% of the arrests statewide for
patronizing a prostitute (the city is home to just under 10% of the state’s population). The high arrest
rate is partly because of the commitment from the Seattle Police Department (SPD) to focus law
enforcement efforts on arresting buyers of commercial sex rather than those being prostituted.

Seattle splits the revenue from these fines between its Police and Human Services departments. In
2019, the Seattle Police Department used the fine revenue for salaries and overtime for officers
conducting CSAM sting operations.

Spokane County Superior Court
The Spokane County Sheriff is a member of the Spokane Safe Streets Task Force. The Sherriff's Office
additionally has one full-time detective assigned to the FBI Human Trafficking/Sexually Exploited
Children Task Force, which includes prevention and intervention activities within its scope. Lastly, the
Spokane County Juvenile Court and the Spokane City Police Department provide employees for
Commercially Sexually Exploited Children Task Force.

Tukwila Municipal Court
Tukwila used the funds to conduct registered sex offender verification, an important element in
preventing sex offenders from becoming noncompliant with registration requirements. Tukwila Police
officers additionally participated in the FBI's Child Exploitation Task Force, as well as Operation Sweep
and Keep, a regional effort to locate sex-trafficked individuals. Funding was further dedicated to
training about ways to combat sex trafficking on social media, and for attendance at a conference on
domestic violence. Officers conducted compliance checks to combat lewd events and indecent
exposure at coffee stands. Finally, $1,333 was provided to the local drug abuse resistance education
(DARE) chapter to prevent the use of controlled drugs, membership in gangs, and violent behavior.

Yakima Municipal Court
Yakima has not yet expended the funds.




 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                     13
Appendix A: Distribution of Criminal Penalty Fees




2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES   14
Appendix B: Courts with Convictions for Applicable
Charges
                                                       Convictions
                                                                        Fees            Fees
                                 County                for Applicable
                                                                        Assessed        Collected
Court                                                  Charges
Aberdeen Municipal Court         Grays Harbor County                1              $-        $33.45

Asotin County District Court     Asotin County                      4

Auburn Municipal Court           King County                        0      $1,950.00       $1,712.22

Bellevue Municipal Court         King County                        0       $100.00        $7,393.17

Bellingham Municipal Court       Whatcom County                     5

Benton County District Court     Benton County                      4

Benton County Superior Court     Benton County                      3      $5,000.00        $493.90

Bonney Lake Municipal Court      Pierce County                      0        $50.00          $15.28

Bothell Municipal Court          King County                        1

Bremerton Municipal Court        Kitsap County                      2

Camas Municipal Court            Clark County                       2

Centralia Municipal Court        Lewis County                       3        $50.00          $50.00

Chehalis Municipal Court         Lewis County                       1

Chelan County District Court     Chelan County                      1              $-       $726.91

Cheney Municipal Court           Spokane County                     1

Clallam County District Court    Clallam County                     7

Clallam County Superior Court    Clallam County                     4

Clark County District Court      Clark County                       4

Clark County Superior Court      Clark County                       7      $5,000.00        $555.12

Cowlitz County District Court    Cowlitz County                     2

Cowlitz County Superior Court    Cowlitz County                     2

Des Moines Municipal Court       King County                        3

Douglas County Superior County   Douglas County                     2

Everett Municipal Court          Snohomish County                   0              $-        $75.00

Evergreen District Court         Snohomish County                   1

Federal Way Municipal Court      King County                        3              $-      $1,270.73

Fife Municipal Court             Pierce County                      1              $-       $100.00

Franklin County Superior Court   Franklin County                    2      $3,000.00       $2,000.00

Grant County District Court      Grant County                       1
Grays Harbor County Superior     Grays Harbor County                2
Court
Island County District Court     Island County                      0              $-         $5.74



2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                 15
                                                      Convictions
                                                                       Fees           Fees
                                   County             for Applicable
                                                                       Assessed       Collected
Court                                                 Charges
Issaquah Municipal Court           King County                     1

Jefferson County District Court    Jefferson County                1

Jefferson County Superior Court    Jefferson County                3      $1,666.67

Kenmore/Shoreline District Court   King County                     1

Kent Municipal Court               King County                    12     $18,750.00     $14,011.45

King County District Court*        King County                    14       $250.00       $4,592.26

King County Superior Court**       King County                    92     $58,338.68     $15,482.79

Kirkland Municipal Court           King County                     2

Kitsap County District Court       Kitsap County                   5       $116.50        $507.82

Kitsap County Superior Court       Kitsap County                  12      $3,350.17        $42.59

Lakewood Municipal Court           Pierce County                   8

Lewis County Superior Court        Lewis County                    3

Lynnwood Municipal Court           Snohomish County                2

Marysville Municipal Court         Snohomish County                2       $120.00        $100.00

Okanogan County District Court     Okanogan County                 4        $17.00

Olympia Municipal Court            Thurston County                 3

Pend Oreille Superior Court        Pend Oreille                    1

Pierce County District Court       Pierce County                   7

Pierce County Superior Court       Pierce County                  31      $3,000.00      $1,051.86

Puyallup Municipal Court           Pierce County                   3        $91.50         $66.50

Renton Municipal Court             King County                     4

Sammamish Municipal Court          King County                     0        $50.00         $50.00

San Juan County Juvenile Court     San Juan County                 1

SeaTac Municipal Court             King County                     5      $2,500.00      $3,034.00

Seattle Municipal Court            King County                    20    $144,100.00    $115,215.00

Skagit County Superior Court       Skagit County                   4
Snohomish County District Court    Snohomish County                4
Everett
Snohomish County Superior Court    Snohomish County                1                       $14.07

Spokane County District Court      Spokane County                  1

Spokane County Superior Court      Spokane County                  7                      $795.86

Tacoma Municipal Court             Pierce County                   7

Thurston County District Court     Thurston County                 1        $50.00                $-

Thurston County Superior Court     Thurston County                 5

Tukwila Municipal Court            King County                     1      $9,700.00      $5,350.00



2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                               16
                                                     Convictions
                                                                      Fees           Fees
                                County               for Applicable
                                                                      Assessed       Collected
Court                                                Charges
Walla Walla County Superior     Walla Walla County                2
Court
Wapato Municipal Court          Yakima County                     1

Wenatchee Municipal Court       Chelan County                     1

Whatcom County Superior Court   Whatcom County                    6

Whitman County District Court   Whitman County                    1        $50.00

Yakima County Superior Court    Yakima County                     2

Yakima Municipal Court          Yakima County                     7        $95.00        $145.00

Yelm Municipal Court            Thurston County                   1

Totals                                                          358    $257,495.52    $174,890.72




2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                              17
Appendix C: King County's Approach
Most of the arrests and convictions for the crime of patronizing a prostitute (RCW 9A.88.110) and
commercial sexual abuse of a minor (RCW 9.68A.100) take place in King County. Several law
enforcement agencies in King County, including the City of Seattle, Kent, Bellevue, Des Moines, and
Renton police departments, have policies to actively pursue those who buy sexual encounters from
adults or children.

In 2014, King County launched a new approach to reduce the demand for prostitution by working to
change the attitudes and behaviors of people arrested for patronization. Several law enforcement and
prosecuting agencies within King County have changed their emphasis to both pursue the buyers of
commercial sex and the people who facilitate sex trafficking. This approach is based on the reality that
past practices of arresting and prosecuting people in prostitution was not making the community any
safer. Rather, punishing prostituted people resulted in the cycle of prostitution-related crime and sex
trafficking persisting. Presently, law enforcement and prosecuting agencies are instead focusing on
punishing those who seek out and facilitate the illegal interaction – the sex buyers, promoters, and
traffickers.

Sex trafficking is a crime that disproportionately targets vulnerable youth across Washington state,
including victims of child sexual abuse or youth in the foster care system. The crime disproportionately
harms youth from marginalized racial backgrounds and sexual identities. Human traffickers and sex
buyers exploit the vulnerabilities of youth by involving them in the sex trade. Across the U.S., the typical
age of entry of youth being coerced into the sex trade is between 13 and 15 years old. In 2018, almost
200 youth between the ages of 11 and 24 were referred to services for youth experiencing commercial
sexual exploitation in King County, and 20% of the youth referred were between the ages of 11 and 14.
These children and young adults experience repeated rapes, abuse, and other forms of violence at the
hands of sex buyers and traffickers.

All through the process, these trafficking victims face many barriers to escaping the life of prostitution.
Therefore, King County’s approach emphasizes the prosecution of sex buyers and traffickers and
connecting prostituted people to services. Program leaders assert that a reduction in demand will
decrease harm to prostituted people, reduce self-destructive behaviors of buyers and curb sex
trafficking.

Over the past four years, the Ending Exploitation Collaborative (EEC) in King County marshaled a cross-
sector transformation toward diverting victims of sexual exploitation to services and holding sex
buyers accountable. The EEC is a partnership of the Organization for Prostitution Survivors, the
Washington State Attorney General’s Office, the King County Prosecuting Attorney’s Office, Seattle
Against Slavery, Businesses Ending Slavery and Trafficking, and the Center for Child and Youth Justice.

The EEC has changed norms and practices across sectors to confront the demand for commercial sex.
For example, traffickers and sex buyers in King County are being arrested and prosecuted through
pioneering approaches that have been recognized around the country. Following conviction, sex buyers
in King County are required to complete an innovative and successful education program called
“Stopping Sexual Exploitation.” This program is based on principles of social justice and personal
transformation and is designed to help men understand their behavior and promote their own decisions
not to buy sex. A significant portion of the fees for the buyer education program, as well as the


 2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                       18
statutorily mandated fines assessed from buyers, is directed to increase services that help victims of
sex trafficking and sexual exploitation, including housing, treatment, and employment training.

The EEC also seeks to shift norms and practices by youth and adults through education and targeted
interventions because of its belief that broader cultural and institutional norms influence the individual
choice to buy sex. The EEC provides prevention education for youth in schools and adults at their place
of work. Because research indicates that 13% of calls to solicit sex originate from local businesses, and
a peak time to solicit sex online is 2 p.m., employers have played an important role in educating
employees and preventing illegal activity through the workplace.

Tables 6 and 7 illustrate how King County's arrests and convictions, respectively, compare to the
numbers in the rest of the state.

Table 6: Arrests for Patronization and Prostitution Crimes - SFY 2019
 200                         183
 180
 160
 140
 120
 100
  80
  60                                                                                                           49
  40                                                                                            19
                                                 18
  20
   0
                                   King County                                                  Remainder of State

                                                      Patronizing a Prostitute   Prostitution


Source: The Washington State Patrol and Seattle Municipal Court


Table 7: Convictions for Patronization and Prostitution Crimes - SFY 2019
 20                                                                                                            18
 18
 16
 14                          13
 12
 10
  8
  6                                                                                             4
  4                                              2
  2
  0
                                  King County                                                   Remainder of State

                                                      Patronizing a Prostitute   Prostitution


Source: The Washington State Patrol and Seattle Municipal Court



  2019 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                   19


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