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Criminal Penalty Fees Related to Sexual Exploitation Crimes: Report to the Legislature, December 1, 2021

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2021 Commercereports 20220106 Cshd Criminal Penalty Fees Final 72A0D848 Cbb
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2021 Commercereports 20220106 Cshd Criminal Penalty Fees Final 72A0D848 Cbb

Summary

A report to the Legislature on criminal penalty fees related to sexual exploitation crimes, issued by the Washington State Department of Commerce, Community Services and Housing Division, and dated December 1, 2021. Commerce prepares the annual report as directed by RCW 43.280.100; this eighth report covers state fiscal year revenue and expenditures under RCW 9.68A.105, 9A.88.120 and 9A.88.140. The report states that courts assessed $334,761 in fees but collected $159,803, and that 17 of 53 courts with applicable convictions levied the required fees. It includes a table of arrests, convictions, possible fees, fees assessed and fees collected by county, with King County accounting for most fees levied and collected. It closes with King County's approach and tables comparing its arrests and convictions with the rest of the state.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Criminal Penalty Fees Related to Sexual Exploitation Crimes: Report to the Legislature, December 1, 2021.” Original at app.leg.wa.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-commercereports-20220106-cshd-criminal-penalty-fees-final-72a0d848-cbb/, SHA-256 46647abe0b279435f1dbc9940299701783f276cbe53966869cf3c932b9ebd76a.

Full text

Per RCW 43.280.100




                                December 1, 2021
       COMMUNITY SERVICES AND
       HOUSING DIVISION
                                Report to the Legislature

                                Lisa Brown, Director
V3.0
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

Becca Duncan, research project coordinator,
Research Services, Community Assistance and
Research Unit




Washington State Department of Commerce
Rick Torrance, managing director
360-725-2059
richard.torrance@commerce.wa.gov

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
Table of Contents
Executive summary .............................................................................................................................................................. 2

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

Fee assessments and crime rates...................................................................................................................................... 6

How jurisdictions reported expending the funds ............................................................................................................ 13

Appendix A: Distribution of criminal penalty fees ........................................................................................................... 15

Appendix B: Courts with convictions for applicable charges ......................................................................................... 16

Appendix C: King County's approach................................................................................................................................ 19




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                                                                        1
Executive summary
Overview
In 2013, the Washington State Legislature passed Chapter 121, Laws of 2013 (ESHB 1291), which levied
additional fees on the crime of commercial sexual abuse of a minor 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 most 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 a defendant cannot pay. However, courts may
not entirely waive any of the fees. RCW 43.280.100 directs the Washington State Department of Commerce
(Commerce) to:

    [P]repare 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.

The three statutes listed above levy fees on convictions related to prostitution and the commercial sexual
exploitation of children. The specifics of these fees are discussed in more detail in Table 1: Statutes Modified by
Chapter 121, Laws of 2013 (see page 4).

This report, for state fiscal year 2021, is the eighth annual report prepared by Commerce on the fee revenue and
expenditures related to this set of crimes. The full statutory requirement for this report is in the Introduction.


Key findings
In state fiscal year 2021:

    Courts assessed $334,761 in fees, but the collected fees were only $159,803.
    Law enforcement officers made 351 fewer arrests for sexual exploitation crimes than the previous year. In
    addition, there were 41 fewer convictions for such crimes compared to state fiscal year 2020.
    Less than one third (32%) of the courts that handed down convictions for sexual exploitation crimes levied
    the required fees.
    On balance, Washington state courts levied 57% of the total penalty fees possible for convictions of sexual
    exploitation crimes. However, most of the amounts levied were in King County. Excluding King County,
    Washington courts levied only 7% of the total penalty fees possible for convictions of sexual exploitation
    crimes.
    As in prior years, courts in King County both levied and collected most of the fees – 96% and 93% of the
    totals, respectively.
    Due to delays in court proceedings in the past year, some individuals arrested in state fiscal year 2021 likely
    have not yet begun court proceedings, which may skew the analysis.

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. However, further research and judicial outreach could lead to a better understanding of why
courts do not consistently levy the fees.

 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                             2
Introduction
Background on revenue collection
The three statutes listed under RCW 43.280.100 (RCW 9.68A.105, 9A.88.120, or 9A.88.140) 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 agreement1 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 accountability
     programs,2 which provide curriculum on the sexual exploitation of people, legal ramifications, and
     confronting and healing from negative behaviors. Victims' rehabilitative services 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% of revenue for local efforts to reduce the commercial sale of sex, including
     but not limited to increasing enforcement of commercial sex laws.
     Two percent of the revenue must be remitted quarterly to Commerce, along with a report detailing the fees
     assessed, the revenue received and how it was spent.

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

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 crime, prostitution-related crime, or if other conditions are met. The owner must pay the fee
before redeeming the vehicle. However, if the defendant is subsequently found not guilty of the crime, the
defendant is entitled to a fee refund.




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.
2
  Programs like this are sometimes called "john schools,” but this term is not survivor informed. Some accountability programs may still
have titles including "johns" or "men," but it is important to note that not all buyers are men, just as not all victims of sexual exploitation are
women.


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

             Additional penalty                                                  Amount by which penalty
 Statute     amount                     Crimes to which penalty applies          can be reduced

                                        9.68A.100 – Commercial sexual abuse
                                        of a minor (CSAM)
 9.68A.105                   $5,000     9.68A.101 – Promoting CSAM
                                        9.68A.102 – Promoting travel for
                                        CSAM

                                  $50   9A.88.010 – Indecent exposure

                                  $50   9A.88.030 – Prostitution                 The court may not reduce,
                                                                                 waive, or suspend payment of all
             1st offense     $1,500                                              or part of the fee assessed
                                                                                 unless it finds, on the record,
                                                                                 that the adult defendant does
             2nd offense     $2,500
                                        9A.88.090 – Permitting prostitution      not have the ability to pay, in
                                        9A.88.110 – Patronizing a prostitute     which case it may reduce the
             3rd and                                                             fee by an amount up to two-
 9A.88.120   subsequent      $5,000                                              thirds of the maximum
             offenses                                                            allowable fee.

             1st offense     $3,000

                                        9A.88.070 – Promoting prostitution in
             2nd offense     $6,000
                                        the first degree
                                        9A.88.080 – Promoting prostitution in
             3rd and                    the second degree
             subsequent     $10,000
             offenses

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




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                    4
            Additional penalty                                               Amount by which penalty
Statute     amount                   Crimes to which penalty applies         can be 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




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                            5
Fee assessments and crime rates
In state fiscal year 2021, 53 courts in Washington handed down convictions for crimes that bear the additional
penalty fees. Of these, 17 courts — just 32% — levied the statutorily-required fees. This discrepancy indicates that
many courts in Washington are not assessing the fees or are levying only a fraction of what they could. In
addition, only 14 courts received revenue this fiscal year, some of which was for crimes committed in previous
years.

In state fiscal year 2021, several counties had wide discrepancies in fee assessment:

   King County Superior Court, which levies and collects more fees than most courts, assessed $207,375 in
   fees. This is over two-thirds of the maximum possible fees in fiscal year 2021 ($281,150).
   King County collected $148,654.87 total in fees.
   Pierce County Superior Court had 21 convictions for relevant crimes, six of which were promoting
   prostitution in the first and second degree, each carrying a $3,000 fee. The maximum possible collection was
   $35,560 across all Pierce County Superior Court convictions. However, the court only levied $3,050 for all
   cases in fiscal year 2021.
   In Spokane County, there were eight convictions of promoting prostitution in the first and second degree,
   resulting in $24,000 total possible fees. However, only $50 in additional fees were levied in the county.

Overall, courts assessed 57% of the total possible fee amount — $159,803 of a potential $281,150. As in previous
years, courts in King County both levied and collected most of the fees. Excluding King County, other Washington
courts assessed just 7% of the total possible fee amount — $11,148 of a potential $169,150. It is beyond the
scope of this report to investigate why many courts are not imposing these fees.

Table 2 on the follow page lists the number of arrests and convictions for the relevant crimes, the maximum
possible fees that could be assessed based on conviction data, 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, the amounts assessed and the amounts collected.

Regarding the data and reporting, an arrest made in one year can lead to a case that takes more than a year to
prosecute and resolve, explaining why the fees assessed may exceed the maximum possible fees and why
some of the fees collected may be greater than fees assessed.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                     6
Table 2: Arrests, convictions and fees by county - state fiscal year 2021

                     Arrests for
                                                Convictions for               Maximum                  Fees                 Fees
    County           applicable
                                                applicable charges            possible fees3           assessed             collected
                     charges

    Adams                                 0                              0                   $0.00               $0.00               $0.00

    Asotin                                5                              1                  $50.00               $0.00               $0.00

    Benton                                5                              0                   $0.00               $0.00               $0.00

    Chelan                                6                              1              $3,000.00           $1,500.00             $686.50

    Clallam                               8                              5                $250.00                $0.00               $0.00

    Clark                                30                              5              $1,700.00             $300.00                $0.00

    Columbia                              0                              0                   $0.00               $0.00               $0.00

    Cowlitz                              14                              6                $300.00                $0.00               $0.00

    Douglas                               0                              0                   $0.00               $0.00               $0.00

    Ferry                                 1                              0                   $0.00               $0.00               $0.00

    Franklin                              9                              8             $63,050.00                $0.00               $0.00

    Garfield                              0                              0                   $0.00               $0.00               $0.00

    Grant                                 2                              1                  $50.00               $0.00               $0.00

    Grays Harbor                          9                              1              $1,500.00           $5,335.75           $5,723.13

    Island                                2                              2                $100.00                $0.00               $0.00

    Jefferson                             1                              0                   $0.00               $0.00               $0.00

    King                                251                             64           $112,000.00         $319,708.49         $148,654.87

    Kitsap                               15                              5              $8,150.00                $0.00               $0.00




3
  Data from the Administrative Office of the Courts does not differentiate whether a particular case is the first, second, third or subsequent
offense. Second, third and subsequent offenses have greater criminal penalty fee amounts. The calculations for maximum possible fees
assume that each case is a first offense for simplicity, but if any of these offenses is a second, third, or subsequent offense, the potential
fee revenue would be even greater.


    CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                           7
               Arrests for
                                   Convictions for      Maximum            Fees           Fees
County         applicable
                                   applicable charges   possible fees3     assessed       collected
               charges

Kittitas                       5                    5          $5,200.00          $0.00          $0.00

Klickitat                      0                    0             $0.00           $0.00          $0.00

Lewis                          3                    2           $100.00           $0.00          $0.00

Lincoln                        0                    0             $0.00           $0.00          $0.00

Mason                          2                    3           $150.00           $0.00          $0.00

Okanogan                      11                    1            $50.00           $0.00        $17.00

Pacific                        2                    0             $0.00           $0.00          $0.00

Pend Oreille                   0                    0             $0.00           $0.00          $0.00

Pierce                        36                   26         $35,650.00      $3,050.00      $1,648.49

San Juan                       2                    0             $0.00         $50.00           $0.00

Skagit                        29                    5           $250.00           $0.00          $0.00

Skamania                       2                    1            $50.00           $0.00          $0.00

Snohomish                     56                   12          $3,550.00        $16.66           $0.00

Spokane                       90                   21         $31,950.00        $50.00         $50.00

Stevens                        1                    0             $0.00           $0.00          $0.00

Thurston                      19                    4         $10,150.00          $0.00          $0.00

Wahkiakum                      0                    0             $0.00           $0.00          $0.00

Walla Walla                    5                    1            $50.00           $0.00          $0.00

Whatcom                        8                    4           $200.00           $0.00          $0.00

Whitman                        1                    0             $0.00           $0.00        $23.22

Yakima                        30                   14          $3,650.00      $4,750.00      $3,000.00

TOTAL                        660                  198       $281,150.00     $334,760.90    $159,803.21



CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                           8
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 the courts levied over the eight
years that the fees have been in effect.

Table 3: Amounts levied compared to potential fees, state fiscal year 2014 - 2021
  $900,000
                                                                   $822,100
                                                                                    $780,959
  $800,000

  $700,000                       $669,850
                                                  $645,900

  $600,000
                $507,550
  $500,000                                                                                           $474,350


  $400,000                                             $369,307
                                                                                                                      $316,550
                                                                                                                                      $281,150
  $300,000                            $249,449                          $252,592         $253,013         $257,496
                     $213,433                                                                                              $223,395
  $200,000                                                                                                                               $159,803

  $100,000

        $-
                     2014             2015             2016             2017             2018             2019             2020          2021

                                                     Total Possible Fees       Amount of Fees Levied


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


Background on fees and payments
Many individuals convicted of crimes do not pay fees all at once. Instead, many enter into a payment plan with
the court. When a court clerk assesses fees or fines, they utilize the appropriate existing accounts receivable
code in either the Legacy or Odyssey system. (The AOC configures the accounts receivable codes for both the
systems.) When payment is received, the system automatically applies the payment in the priority sequence built
into the accounts receivable code already assessed to the case. Therefore, revenue from fees can be greater
during a given year than the fees assessed, as defendants gradually pay off their penalties.

The Administrative Office of the Courts (AOC) establishes new codes in JIS and Odyssey and informs courts
about which codes to use. AOC codes data in these systems to the fund account rather than the statute
applicable to the crime. As a result, it is impossible 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




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                                       9
how to spend the funds, allocating the amounts according to the guidelines 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. However, some cities, notably Seattle, have municipal codes used for misdemeanor
offenses and 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) 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 Auburn, Beaux Arts, Bellevue, Burien, Carnation, Covington, Duvall, Kenmore, Redmond,
Sammamish, Shoreline, Skykomish and Woodinville. Therefore, the information on fees collected and assessed
by those cities is merged with the data for King County District Court.


Crime rates
In state fiscal year 2021, law enforcement officers made 35% fewer arrests for sexual exploitation crimes
compared to state fiscal year 2020. The number of convictions between state fiscal year 2020 (239) and state
fiscal year 2021 (198) also declined by 17%. Table 4 lists the number of arrests, cases and convictions for these
crimes. The table also includes the crime of trafficking, which carries an additional $10,000 penalty fee. However,
the fee for trafficking is not subject to the same dispersal as the crimes specified under RCW 9.68A.105, RCW
9A.88.120, and RCW 9A.88.140.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                      10
Table 4: Statewide arrests and convictions per crime - state fiscal year 2021

                                                                                         Number of         Number of
  Statute           Charge                                                               arrests           convictions

  9.68A.100         Commercial sexual abuse of a minor                                                53                   5

  9.68A.101         Promoting commercial sexual abuse of a minor                                      10                   0

  9.68A.102         Promoting travel for commercial sexual abuse of a minor                            1                   0

  9.68A.103         Permitting commercial sexual abuse of a minor                                      1                   0

  9A. 40.100        Trafficking                                                                       21                   9

  9A.88.010         Indecent exposure                                                                391                 117

  9A.88.030         Prostitution                                                                      38                   6

  9A.88.070         Promoting prostitution in the first degree                                        22                   9

  9A.88.080         Promoting prostitution in the second degree                                       38                  38

  9A.88.085         Promoting travel for prostitution (vehicle impoundment)                            0                   2

  9A.88.090         Permitting prostitution                                                            0                   1

  9A.88.110         Patronizing a prostitute                                                          85                  11

  TOTAL                                                                                              660                 198

Source: The Washington State Patrol provided data on statewide arrests and convictions

The relatively high number of arrests for trafficking – 21 – compared to nine convictions suggest 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 commercial sexual
abuse of a minor 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, explaining why some charges have fewer arrests than convictions.




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                            11
Table 5: Statewide totals of arrests and convictions - 2014 through 2021
  1,600
                                                                 1,439
  1,400
              1,282                                                                1,294
                               1,243
                                                1,187
  1,200                                                                                            1,131
                                                                                                                 1,011
  1,000


    800
                                                                                                                               660

    600
                                                                         490
                                       418              418
    400               349                                                                  363             358
                                                                                                                         239
                                                                                                                                     198
    200


      -
                2014              2015             2016             2017              2018             2019        2020         2021

                                                    Number of arrests          Number of convictions


Source: The Washington State Patrol provided data on statewide arrests and convictions

Commerce started tracking statewide arrests and convictions for these crimes in 2014. Since then, there has
been a steady decrease in both arrests and convictions. However, the year 2017 was an outlier.




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                              12
How jurisdictions reported expending the funds
Overview
In state fiscal year 2021, 53 courts in Washington handed down convictions for crimes with the additional
penalty fee. Of these, 17 courts (32%) assessed the statutorily-required fees. Of the 14 courts that collected
revenue, 10 courts both levied and collected revenue towards payment of the fees in state fiscal year 2021. The
remaining four 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.

Three courts reported $100 or less collected during state fiscal year 2021, and therefore were not surveyed.
Researchers surveyed the remaining 11 jurisdictions 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 (such as the city or county treasurer, police
department, or prosecutor's office) to learn whether the funds had been allocated, and if so, how they were
spent.

Of the 11 courts contacted, nine responded to the survey. The following information lists how each jurisdiction
described expending the funds.


Reports by jurisdiction
Aberdeen Municipal Court
Aberdeen received $5,723 criminal penalty fee funds, which were entirely allocated to Beyond Survival, a sexual
assault resource center and advocacy group in Grays Harbor County. These allocations fund prostitution
prevention classes in Aberdeen.

Auburn Municipal Court
The Auburn Municipal Court has not yet spent these funds and states that the funds are in its general fund
balance.

Bellevue Municipal Court
In Bellevue, $7,150 was received and posted to the Prostitution Prevention accounts and $1,830 was expended
on VICE Training salary overtime costs in 2020.


Chelan County District Court
The Chelan County Sheriff’s Office spent no funds obtained from the fines.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                 13
Des Moines Municipal Court
The municipal court spent $700 on food and gas gift cards and $1,905 on items for local organizations (as
requested via an online wish list). The Des Moines Police Department has not yet utilized the allocated funds.
The remaining funds were distributed as a grant to a local accountability program, in accordance with RCW
43.280.100.

Kent Municipal Court
Kent Municipal Court both assessed and collected the second-highest amount of criminal penalty fees of any
court statewide, with a total of $85,750 assessed and $55,851 collected. In October, Kent sent 50% of the fee
revenue received to Kent Youth & Family Services to fund a commercial sexual exploitation of children advocate
position (human trafficking advocate). Part of the remaining amount was spent on overtime for officers working
on relevant sting operations. Due to restrictions on travel and group gatherings, police officers could not attend
new trainings in the past year but plan to do so in the future.

Seatac Municipal Court
The court has not yet spent these funds and states that they are in its general fund balance.

Tukwila Municipal Court
The City of Tukwila spent $23,681 from fee revenue in the past year. Approximately $7,000 of these funds were
spent on investigations and prevention efforts for commercial sexual abuse of a minor, indecent exposure, and
patronizing a prostitute. The remaining funds were used to verify the addresses of registered sex offenders and
kidnappers.

Yakima Municipal Court
The Yakima Police Department spent $6,696 of funds collected on operations targeting individuals attempting to
patronize prostitutes. The remaining funds will be used for victims' services.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                     14
Appendix A: Distribution of criminal penalty fees




LEGISTLATIVE REPORT V3.0                            15
Appendix B: Courts with convictions for applicable
charges
                                                                     Fees          Fees
Court                                   County         Convictions   assessed      collected

ABERDEEN MUNICIPAL COURT                Grays Harbor             1     $5,335.75        $5,723.13

ASOTIN COUNTY SUPERIOR COURT            Asotin                   1        $0.00                $0.00

AUBURN MUNICIPAL COURT                  King                     0        $0.00         $1,893.36

BELLEVUE MUNICIPAL COURT                King                     0     $1,500.00        $7,660.00

BELLINGHAM MUNICIPAL COURT              Whatcom                  3        $0.00                $0.00

BOTHELL MUNICIPAL COURT                 King                     1        $0.00                $0.00

BREMERTON MUNICIPAL COURT               Kitsap                   1        $0.00                $0.00

CENTRALIA MUNICIPAL COURT               Lewis                    1        $0.00                $0.00

CHELAN COUNTY DISTRICT COURT            Chelan                   0     $1,500.00          $686.50

CHENEY MUNICIPAL COURT                  Spokane                  1       $50.00            $50.00

CLALLAM COUNTY DISTRICT COURT NO 1      Clallam                  5        $0.00                $0.00

CLARK COUNTY DISTRICT COURT             Clark                    3      $300.00                $0.00

CLARK COUNTY SUPERIOR COURT             Clark                    2        $0.00                $0.00

COVINGTON MUNICIPAL COURT               King                     0       $16.50                $0.00

COWLITZ COUNTY DISTRICT COURT           Cowlitz                  2        $0.00                $0.00

COWLITZ COUNTY SUPERIOR COURT           Cowlitz                  4        $0.00                $0.00

DES MOINES MUNICIPAL COURT              King                     1     $7,000.00       $13,665.00

EVERGREEN DISTRICT COURT                Snohomish                2        $0.00                $0.00

FEDERAL WAY MUNICIPAL COURT             King                     0        $0.00                $0.00

FIFE MUNICIPAL COURT                    Pierce                   0       $50.00                $0.00



CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                      16
                                                                    Fees          Fees
Court                                   County        Convictions   assessed      collected

FRANKLIN COUNTY DISTRICT COURT          Franklin                1         $0.00               $0.00

FRANKLIN COUNTY SUPERIOR COURT          Franklin                7         $0.00               $0.00

GRANT COUNTY DISTRICT COURT             Grant                   1         $0.00               $0.00

ISLAND COUNTY DISTRICT COURT            Island                  2         $0.00               $0.00

KENT MUNICIPAL COURT                    King                    4    $85,750.00       $55,850.59

KING COUNTY DISTRICT COURT              King                    5       $16.50           -$33.50

KING COUNTY SUPERIOR COURT              King                   49   $207,375.49       $60,012.82

KITSAP COUNTY SUPERIOR COURT            Kitsap                  4         $0.00               $0.00

KITTITAS COUNTY SUPERIOR COURT          Kittitas                1         $0.00               $0.00

LAKEWOOD MUNICIPAL COURT                Pierce                  1         $0.00               $0.00

LEWIS COUNTY SUPERIOR COURT             Lewis                   1         $0.00               $0.00

LOWER KITTITAS COUNTY DISTRICT COURT    Kittitas                3         $0.00               $0.00

LYNNWOOD MUNICIPAL COURT                Snohomish               2         $0.00               $0.00

MARYSVILLE MUNICIPAL COURT              Snohomish               2       $16.66                $0.00

MASON CO. SUPERIOR COURT SHELTON        Mason                   1         $0.00               $0.00

MASON COUNTY DISTRICT COURT             Mason                   1         $0.00               $0.00

MERCER ISLAND MUNICIPAL COURT           King                    1         $0.00               $0.00

MOUNT VERNON MUNICIPAL COURT            Skagit                  1         $0.00               $0.00

OKANOGAN COUNTY DISTRICT COURT          Okanogan                1         $0.00           $17.00

PIERCE COUNTY SUPERIOR COURT            Pierce                 21     $3,000.00        $1,648.49

PUYALLUP MUNICIPAL COURT                Pierce                  3         $0.00               $0.00

REDMOND MUNICIPAL COURT                 King                    0       $50.00                $0.00




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                     17
                                                                    Fees          Fees
Court                                   County        Convictions   assessed      collected

RENTON MUNICIPAL COURT                  King                    2        $0.00                $0.00

SAN JUAN DISTRICT COURT                 San                     0       $50.00                $0.00

SEATAC MUNICIPAL COURT                  King                    1    $18,000.00        $8,106.60

SEATTLE MUNICIPAL COURT                 King                    0        $0.00                $0.00

SHELTON MUNICIPAL COURT                 Mason                   1        $0.00                $0.00

SKAGIT COUNTY SUPERIOR COURT            Skagit                  4        $0.00                $0.00

SKAMANIA COUNTY SUPERIOR COURT          Skamania                1        $0.00                $0.00

SNOHOMISH COUNTY DISTRICT COURT
                                        Snohomish               1        $0.00                $0.00
EVERETT

SNOHOMISH COUNTY SOUTH DISTRICT
                                        Snohomish               2        $0.00                $0.00
COURT

SNOHOMISH COUNTY SUPERIOR COURT         Snohomish               3        $0.00                $0.00

SPOKANE COUNTY SUPERIOR COURT           Spokane                20        $0.00                $0.00

SUPERIOR COURT WENATCHEE                Chelan                  1        $0.00                $0.00

TACOMA MUNICIPAL COURT                  Pierce                  1        $0.00                $0.00

THURSTON COUNTY SUPERIOR COURT          Thurston                4        $0.00                $0.00

TUKWILA MUNICIPAL COURT                 King                    0        $0.00         $1,500.00

UPPER KITTITAS COUNTY DISTRICT COURT    Kittitas                1        $0.00                $0.00

WALLA WALLA COUNTY DISTRICT COURT       Walla Walla             1        $0.00                $0.00

WHATCOM COUNTY SUPERIOR COURT           Whatcom                 1        $0.00                $0.00

WHITMAN COUNTY DISTRICT COURT           Whitman                 0        $0.00            $23.22

YAKIMA COUNTY DISTRICT COURT            Yakima                  1        $0.00                $0.00

YAKIMA COUNTY SUPERIOR COURT            Yakima                  1        $0.00                $0.00




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                     18
                                                                                   Fees            Fees
 Court                                           County          Convictions       assessed        collected

 YAKIMA MUNICIPAL COURT                          Yakima                      12        $4,750.00          $3,000.00


 TOTAL                                           64 Courts                  198     $334,760.90        $159,803.21



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) occur in King County. Several law enforcement agencies in King
County, including 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. As a result, several law enforcement and
prosecuting agencies within King County changed their emphasis to 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 were not making the community any safer. Rather, punishing prostituted
people resulted in an ongoing cycle of prostitution-related crime and sex trafficking. Presently, law enforcement
and prosecuting agencies focus on punishing those seeking out and facilitating 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. In addition, 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
coerced into the sex trade is 13 to 15 years old. In 2018, almost 200 youth between ages 11-24 were referred to
services for youth experiencing commercial sexual exploitation in King County. Of those youth referred, 20%
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 prostitution. Therefore, King
County's approach emphasizes the prosecution of sex buyers and traffickers and connecting prostituted people
to services. Program leaders state that a reduction in demand will decrease harm to prostituted people, reduce
buyers' self-destructive behaviors and curb sex trafficking.

Over the past several 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.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                    19
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 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 social justice and personal transformation principles and is designed to help men4 understand their
behavior and promote their own decisions not to buy sex. In addition, a significant portion of the buyer education
program's fees and the statutorily mandated fines assessed from buyers are 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 compare to the numbers in the rest of the
state.

Table 6: Arrests for patronization and prostitution crimes - state fiscal year 2021
    120

                                               97
    100

    80

    60
                                                                                                                 48

    40
                             29

    20
                                                                                               9

     0
                              King County Arrests                                                  Remainder of WA

                                      Prostitution      Patronizing, Permitting or Promoting Prostitution




4
 While some programs may focus on male buyers, it is important to note that not all buyers are men, just as not all victims of sexual
exploitation are women.


    CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                         20
Table 7: Convictions for patronization and prostitution crimes - state fiscal year 2021
 35
                                      31
                                                                                                      30
 30

 25

 20

 15

 10
                                                                                    5
 5
                    1
 0
                   King County Convictions                                              Remainder of WA

                              Prostitution   Patronizing, Permitting or Promoting Prostitution




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                               21


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