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Criminal Penalty Fees Related to Sexual Exploitation Crimes - Report to the Legislature (Dec. 1, 2022)

Summary

Report to the Legislature on criminal penalty fees related to sexual exploitation crimes, submitted pursuant to Chapter 121, Laws of 2013 by the Community Services Division of the Washington State Department of Commerce and dated Dec. 1, 2022. It is the ninth annual report on this fee revenue and covers state fiscal year 2022. The key findings state that Washington courts assessed $91,962 in applicable fees but collected $124,983 in such fee payments. They state that there were 38 fewer arrests, a 6% decrease, and 32 fewer convictions, a 16% decrease, than in state fiscal year 2021. Only 17% of the courts that handed down convictions assessed any fees, and courts in King County assessed 90% and collected 84%.

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“Criminal Penalty Fees Related to Sexual Exploitation Crimes - Report to the Legislature (Dec. 1, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-commercereports-2022-criminal-penalty-fines-3e891880-77e6-40a8-bd-8f72c73fef/, SHA-256 f6dec798d657069bd8391d8c0c587f6b83868c69065a780273de14fa3f6b88f1.

Full text

 Criminal penalty fees
 related to sexual
 exploitation crimes



   Reported submitted pursuant to Chapter 121, Laws of 2013




                                              Dec. 1, 2022
       COMMUNITY SERVICES
       DIVISION                               Report to the Legislature

                                              Director Lisa Brown
V3.1
Acknowledgments
Diane Klontz, deputy director, Division and Program Alignment

Rick Torrance, managing director, Office of Crime Victims Advocacy

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

James Vogl, research analyst, 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 ................................................................................................................ 5

How jurisdictions reported spending the funds ........................................................................................... 12

Appendix A: Distribution of criminal penalty fees........................................................................................ 13

Appendix B: Courts with convictions for applicable charges ....................................................................... 14

Appendix C: King County's approach .......................................................................................................... 17




  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), assessed
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 fee revenue to fund preventative efforts, services for
victims, and law enforcement activities to reduce the commercial sale of sex. Judges may reduce some 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. Chapter 121, Laws of 2013, directs the Washington State Department of 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 [codified under RCW
    43.280.100]."

The three statutes listed in the proviso assess 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.

This report, for state fiscal year 2022, is the ninth annual report prepared on the fee revenue and expenditures
related to this set of crimes. The Introduction includes the complete statutory report requirements.

Key findings for fiscal year 2022
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 why
courts do not consistently assess the fees.

      Washington courts assessed $91,962 in applicable fees but collected $124,983 in such fee payments.

      There were 38 fewer arrests for sexual exploitation crimes than the previous year, representing a 6%
      decrease, and 32 fewer convictions for such crimes compared to state fiscal year 2021, a 16% decrease.

      Only 17% of the courts that handed down convictions for sexual exploitation crimes assessed any fees in
      connection with those convictions.

      Washington courts assessed 52% of the total amount of penalty fees possible for convictions of sexual
      exploitation crimes. Excluding King County, Washington courts assessed only 14% of the total amount of
      penalty fees possible for convictions of sexual exploitation crimes.

      Courts in King County again assessed and collected most of the fees – 90% and 84%, respectively.

      Due to pandemic-related delays in court proceedings, some individuals arrested in the 2022 fiscal year
      likely have not yet begun proceedings, which may skew the analysis.




 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) assess 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 assess the fees on persons convicted of
crimes who 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%, and up to 98%, 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 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 between 0% and 48% 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, 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 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 crime or prostitution-related crime or if other conditions are met. The owner must pay
the fee before redeeming the vehicle. If the defendant is subsequently found not guilty of the crime, the
defendant is entitled to a refund of the fee.

It is important to note that an arrest made in one year can lead to a case that takes more than a year to
prosecute and resolve, resulting in the total amount of fees a court could collect exceeding the maximum
possible fees.




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 These programs are sometimes called "john schools,” but this term is not survivor informed and may not be accurate, as not all buyers

are men. 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
Legislative mandates relating to sex crimes
Table 1: Statutes modified by Chapter 121, Laws of 2013

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

             1st offense      $3,000

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

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

                                         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                                                  4
Fee assessments and crime rates
In state fiscal year 2022, 54 courts in Washington handed down convictions for crimes that bear the relevant
additional penalty fees. Of these, nine courts — just 17% — assessed additional penalty fees in connection with
convictions for applicable crimes. This discrepancy indicates that many courts in Washington are not
assessing the fees or are assessing only a fraction of what they could. In addition, only 15 courts received
revenue in this fiscal year, some of which was for crimes committed in previous years.

      The Kent Municipal Court both assessed and collected the highest amount of fees of all Washington
      courts in state fiscal year 2022, followed closely by the King County Superior Court. The Kent Municipal
      Court assessed $31,250 and collected $50,903; the King County Superior Court assessed $29,318 and
      collected $32,396.

      The Pierce County Superior Court had 13 convictions for relevant crimes, six of which were for
      promoting prostitution in the first and second degree and three of which were for the commercial sexual
      abuse of a minor. These offenses carry fees of $3,000 and $5,000, respectively. Given all relevant
      convictions for the Pierce County Superior Court, the maximum possible fees would total $33,200,
      assuming the persons convicted were first-time offenders. However, the court only assessed $7,000 in
      relevant fees in state fiscal year 2022, 21% of the maximum possible fees.

      In Spokane County, there were five convictions for promoting prostitution in the first and second degree
      and four additional convictions for other relevant offenses, resulting in $17,100 total possible fees.
      However, no courts in the county assessed additional fees in state fiscal year 2022.

Overall, courts assessed 52% of the total possible fee amount — $91,962 out of a potential $176,500. As in
previous years, courts in King County both assessed and collected most of the fees. Excluding King County,
other Washington courts assessed just 14% of the total possible fee amount — $9,609 out of a potential
$69,800. 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 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 or assessed or collected relevant fees. It is important to note that 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 a court assessed may
exceed the maximum possible fees and why some of the fees collected by a court may be greater than fees
that court assessed.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                 5
Table 2: Arrests, convictions and fees by county for applicable charges — state fiscal
year 2022

 County         Arrests        Convictions   Max possible fees*        Fees assessed     Fees collected

 Adams                     8             0                        $0               $0                $0

 Asotin                    0             1                    $50                  $0                $0

 Benton                    5             1                    $50                  $0                $0

 Chelan                    4             0                        $0               $0           $784.58

 Clallam                   6             0                        $0               $0                $0

 Clark                    36             4                   $200             $302.50               $50

 Columbia                  0             0                        $0               $0                $0

 Cowlitz                  11             1                    $50                  $0                $0

 Douglas                   1             1                    $50                  $0                $0

 Ferry                     0             0                        $0               $0                $0

 Franklin                 13             1                    $50                  $0            $99.60

 Garfield                  0             0                        $0               $0                $0

 Grant                     2             1                    $50                  $0                $0

 Grays Harbor             10             2                   $100                  $0           $329.14

 Island                    3             1                    $50                  $0                $0

 Jefferson                 1             0                        $0               $0                $0

 King                 219               70                $106,700          $82,353.01       $105,583.07

 Kitsap                   20            14                   $700                $433            $16.50

 Kittitas                  3             1                    $50                  $0                $0

 Klickitat                 0             0                        $0               $0                $0

 Lewis                     7             4                   $200                  $0                $0

 Lincoln                   0             0                        $0               $0                $0




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                          6
  County               Arrests             Convictions           Max possible fees*                    Fees assessed               Fees collected

  Mason                              0                     0                                    $0                         $0                         $0

  Okanogan                           6                     1                                  $50                          $0                         $0

  Pacific                            0                     0                                    $0                         $0                         $0

  Pend Oreille                       0                     0                                    $0                         $0                         $0

  Pierce                           44                     22                             $33,650                      $7,120               $14,946.81

  San Juan                           0                     0                                    $0                         $0                        $50

  Skagit                           16                      3                      $3,100$3,100                             $0                         $0

  Skamania                           1                     0                                    $0                         $0                         $0

  Snohomish                        53                     12                                 $600                          $0                         $0

  Spokane                          64                      9                             $17,100                           $0                    $98.45

  Stevens                            1                     1                                  $50                          $0                         $0

  Thurston                         21                      3                      $3,100$3,100                             $0                         $0

  Wahkiakum                          0                     0                                    $0                         $0                         $0

  Walla Walla                        7                     1                                  $50                          $0                         $0

  Whatcom                          10                      2                                 $100                       $103                          $0

  Whitman                            2                     0                                    $0                         $0                         $0

  Yakima                           48                     10                             $10,400                      $1,650                     $3,025

  TOTAL                           622                   166                            $176,500                 $91,961.51               $124,983.15

* Data from the Administrative Office of the Courts does not differentiate whether a particular case is a 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.

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

The total amount of potential fees is determined using the number of convictions for each crime category and
the fees described in statute.

Figure 1 illustrates the total amount of potential fees compared to the actual amount courts assessed over the
nine years that the fees have been in effect.



  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                                           7
Figure 1: Amounts assessed compared to potential fees — 2014 through 2022

 $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
                                                                                                          $316,550
                                                                                                                         $281,150
 $300,000                            $249,449                     $252,592       $253,013      $257,496
                                                                                                              $223,395
                       $213,433
 $200,000                                                                                                                    $159,803 $176,500
                                                                                                                                            $91,962
 $100,000
           $0
                      2014          2015           2016           2017          2018           2019          2020           2021           2022
                                             Total Possible Fees               Amount of Fees Levied

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

Figure 2 illustrates the percentage of total potential fees that Washington courts assessed in state fiscal years
2014 through 2022.

Figure 2: Percentage of potential fees assessed statewide — 2014 through 2022

 80%
                                                                                                           71%
 70%
 60%                                         57%
                                                                                                                                            52%
                                                                                                  54%                     57%
 50%
                42%
 40%
                              37%
 30%                                                                         32%
                                                            31%
 20%
 10%
   0%
                2014          2015            2016           2017            2018           2019           2020            2021           2022
                                                                   % of Possible Fees

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




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                                         8
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, which are used by most courts in Washington. Therefore, revenue from fees can be greater than
assessed fees as offenders gradually pay off their penalties during a given year.

The Administrative Office of the Courts (AOC) is responsible for establishing new codes in JIS and Odyssey
and informing 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, separating the funds collected by the offense committed
is impossible.

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
determining 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 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 that
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
cases involving serious felonies.

Certain courts, including the Seattle Municipal Court and the King County District and Superior courts, do not
use JIS or Odyssey. Additionally, some municipal courts contract with their county district courts to collect
fees on their behalf. For example, the King County District Court contracts with Auburn, 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 King County District Court
data.

Crime rates
In state fiscal year 2022, law enforcement officers made 6% fewer arrests for sexual exploitation crimes than
state fiscal year 2021. The number of convictions between state fiscal year 2021 (198) and state fiscal year
2022 (166) also declined by 16%.

Table 3 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 requirements 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                                                       9
Table 3: Statewide arrests and convictions by crime — state fiscal year 2022

  Statute           Charge                                                               Arrests         Convictions

  9.68A.100         Commercial Sexual Abuse of a Minor                                              49                  10

  9.68A.101         Promoting Commercial Sexual Abuse of a Minor                                    11                   0

  9.68A.102         Promoting Travel for Commercial Sexual Abuse of a Minor                          4                   0

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

  9A. 40.100        Trafficking                                                                     17                   0

  9A.88.010         Indecent Exposure                                                              448                 109

  9A.88.030         Prostitution                                                                    14                   1

  9A.88.070         Promoting Prostitution in the First Degree                                      14                  12

  9A.88.080         Promoting Prostitution in the Second Degree                                     18                  24

  9A.88.085         Promoting Travel for Prostitution (Vehicle Impoundment)                          0                   2

  9A.88.090         Permitting Prostitution                                                          0                   2

  9A.88.110         Patronizing a Prostitute                                                        47                   6

  TOTAL                                                                                            622                 166

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

The relatively high number of arrests for trafficking – 17 – compared to no convictions under this charge
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 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 in state fiscal year 2022.

Since Commerce first started tracking this data in 2014, there has been a steady decrease, on average, in the
numbers of arrests and convictions for these crimes The year 2017 was an outlier. Figure 3 shows the arrests
and convictions, along with overall trend lines, since 2014.




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                          10
Figure 3: Statewide arrests and convictions totals — 2014 through 2022

 1,600                                                     1439
 1,400         1282          1243
                                                                          1294
                                            1187
 1,200                                                                                   1131
                                                                                                  1011
 1,000
    800                                                                                                    660         622
    600                                                         490
                                  418            418
                   349                                                        363           358
    400
                                                                                                     239         198         166
    200
       0
                2014           2015          2016           2017           2018          2019      2020    2021        2022
                                            Number of arrests               Number of convictions

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


Legal financial obligations
The criminal penalty fees that are the focus of this report are a subset of all the costs, fees, fines or
restitutions that Washington courts may impose on people convicted of a criminal offense. These court-
mandated payments are collectively called legal financial obligations (LFOs), which have been the subject of
several studies in Washington in recent years.

In January 2022, the Washington Supreme Court's Minority and Justice Commission released "The Price of
Justice,"3 a report that assessed local and statewide policies and practices concerning LFO assessment and
collection, among other topics. While it is outside the scope of this report to make a detailed investigation of
why Washington courts are not assessing the maximum possible amount of criminal penalty fees related to
certain crimes of sexual exploitation, several findings from "The Price of Justice" might provide a starting point
for answering this question.

One such finding is that, among judges surveyed as part of the report, "a majority indicated that between 80%-
100% of the defendants that appear before them are indigent." Another is that among judges surveyed, 44%
indicated that they do not believe that LFOs are essential to the criminal justice process. Defense attorneys
surveyed also reported that "courts' LFO practices varied widely from judge to judge and from jurisdiction to
jurisdiction," including differences in which LFOs judges understood to be mandatory.

Finally, "The Price of Justice" also noted declines for courts of limited jurisdiction (CLJs) in cases where LFOs
were imposed, the average amount of LFOs imposed and the total amount of LFOs imposed. In CLJs between
2014 and 2018, cases in which LFOs were imposed dropped by 23%, the average amount of LFOs assessed
per case dropped by 12%, and the total amount of LFOs imposed per year statewide dropped by 3%.




3 Washington State Supreme Court Minority and Justice Commission, "The Price of Justice," (2022),
MJC_LFO_Price_of_Justice_Report_Final.pdf (wa.gov)


  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                      11
How jurisdictions reported spending the funds
In state fiscal year 2022, 54 courts in Washington handed down convictions for crimes that bear the additional
penalty fee. Nine courts (17%) assessed these additional penalty fees. Of the 15 courts that collected revenue,
nine assessed and collected revenue towards payment of the fees in state fiscal year 2022. The six remaining
courts collected revenue but did not assess fees, which indicates the revenue was from persons convicted of
crimes paying off fees assessed in past years.

Seven courts reported $100 or less collected during state fiscal year 2022, and therefore they were not
surveyed. Researchers surveyed the eight jurisdictions that collected greater amounts through email and
phone contacts to determine how cities and counties used the funds. In most cases, it was necessary to speak
with another department (such as 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.

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

Reports by jurisdiction
Aberdeen Municipal Court
The $329 in criminal penalty fee funds received by the Aberdeen Municipal Court were allocated to Beyond
Survival, a sexual assault resource center and advocacy group in Grays Harbor County.

Chelan County District Court
The Chelan County District Court has not yet spent the funds it collected in state fiscal year 2022.

Des Moines Municipal Court
The Des Moines Municipal Court spent $7,060 to fund wish list items for the Genesis Project, a nonprofit drop-
in center for domestic minor sex trafficking victims. The Des Moines Police Department has not yet utilized the
allocated funds.

Kent Municipal Court
Kent assessed and collected the highest criminal penalty fees statewide in state fiscal year 2022, with a total
of $31,250 assessed and $50,903 collected. The Kent Police Department used $4,287 of these fees to send
one of its detectives to Cellebrite Certified Operator training in November 2021. This training concerns
extracting digital evidence from mobile devices. Kent is seeking a local organization to be a recipient of the
balance of its fee revenue.

Pierce County Superior Court
The Pierce County Superior Court has not yet spent the funds it collected in state fiscal year 2022.

SeaTac Municipal Court
The SeaTac Municipal Court has not yet spent the funds it collected in state fiscal year 2022.

Yakima Municipal Court
The Yakima Municipal Court has not yet spent the funds it collected in state fiscal year 2022.

 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                 12
Appendix A: Distribution of criminal penalty fees
Figure 4: Dispersal of penalty fines and revenues from seized property under RCW




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                       13
Appendix B: Courts with convictions for applicable
charges
Table 4: Convictions, fees assessed and fees collected by court - fiscal year 2022

                                                                    Fees         Fees
 Court                                 County         Convictions   assessed     collected

 ABERDEEN MUNICIPAL COURT              Grays Harbor             0          $0        $329.14

 ANACORTES MUNICIPAL COURT             Skagit                   1          $0                $0

 ASOTIN COUNTY SUPERIOR COURT          Asotin                   1          $0                $0

 BELLINGHAM MUNICIPAL COURT            Whatcom                  2          $0                $0

 BENTON COUNTY SUPERIOR COURT          Benton                   1          $0                $0

 BOTHELL MUNICIPAL COURT               King                     1          $0                $0

 BREMERTON MUNICIPAL COURT             Kitsap                   7          $0                $0

 BURIEN MUNICIPAL COURT                King                     0       $16.50               $0

 CAMAS/WASHOUGAL MUNICIPAL COURT       Clark                    0      $202.50           $50

 CHEHALIS MUNICIPAL COURT              Lewis                    1          $0                $0

 CHELAN COUNTY DISTRICT COURT          Chelan                   0          $0        $784.58

 CLARK COUNTY DISTRICT COURT           Clark                    3        $100                $0

 CLARK COUNTY SUPERIOR COURT           Clark                    1          $0                $0

 COWLITZ COUNTY DISTRICT COURT         Cowlitz                  1          $0                $0

 DES MOINES MUNICIPAL COURT            King                     0       $1,500        $4,730

 DOUGLAS COUNTY SUPERIOR COURT         Douglas                  1          $0                $0

 EVERETT MUNICIPAL COURT               Snohomish                2          $0                $0

 EVERGREEN DISTRICT COURT              Snohomish                1          $0                $0

 FIFE MUNICIPAL COURT                  Pierce                   3          $0                $0

 FRANKLIN COUNTY SUPERIOR COURT        Franklin                 1          $0                $0




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                             14
                                                                       Fees          Fees
Court                                     County         Convictions   assessed      collected

GRANT COUNTY DISTRICT COURT               Grant                    1           $0                $0

GRAYS HARBOR COUNTY DISTRICT COURT NO 1   Grays Harbor             1           $0                $0

GRAYS HARBOR COUNTY SUPERIOR COURT        Grays Harbor             1           $0                $0

ISLAND COUNTY SUPERIOR COURT              Island                   1           $0                $0

ISSAQUAH MUNICIPAL COURT                  King                     1      $102.50                $0

KENT MUNICIPAL COURT                      King                     4      $31,250      $50,902.99

KING COUNTY DISTRICT COURT                King                     6           $0                $0

KING COUNTY SUPERIOR COURT                King                    49    $29,318.01     $32,396.02

KIRKLAND MUNICIPAL COURT                  King                     1           $0                $0

KITSAP COUNTY DISTRICT COURT              Kitsap                   5         $433         $16.50

KITSAP COUNTY SUPERIOR COURT              Kitsap                   2           $0                $0

LAKE FOREST PARK MUNICIPAL COURT          King                     0          $50            $50

LAKEWOOD MUNICIPAL COURT                  Pierce                   2           $0                $0

LEWIS COUNTY DISTRICT COURT               Lewis                    1           $0                $0

LEWIS COUNTY SUPERIOR COURT               Lewis                    2           $0                $0

LOWER KITTITAS COUNTY DISTRICT COURT      Kittitas                 1           $0                $0

MARYSVILLE MUNICIPAL COURT                Snohomish                4           $0                $0

MOUNT VERNON MUNICIPAL COURT              Skagit                   1           $0                $0

OKANOGAN COUNTY DISTRICT COURT            Okanogan                 1           $0                $0

OLYMPIA MUNICIPAL COURT                   Thurston                 2           $0                $0

PASCO MUNICIPAL COURT                     Franklin                 0           $0         $99.60

PIERCE COUNTY SUPERIOR COURT              Pierce                  13       $7,000      $14,946.81

PUYALLUP MUNICIPAL COURT                  Pierce                   2         $120                $0




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                   15
                                                                    Fees          Fees
Court                                   County        Convictions   assessed      collected

RENTON MUNICIPAL COURT                  King                    2           $0                $0

SAN JUAN COUNTY DISTRICT COURT          San Juan                0           $0            $50

SEATTLE MUNICIPAL COURT                 King                    3           $0                $0

SEATAC MUNICIPAL COURT                  King                    3       $20,116     $17,504.06

SKAGIT COUNTY SUPERIOR COURT            Skagit                  1           $0                $0

SNOHOMISH COUNTY DISTRICT COURT         Snohomish               1           $0                $0

SNOHOMISH COUNTY SOUTH DISTRICT COURT   Snohomish               2           $0                $0

SNOHOMISH COUNTY SUPERIOR COURT         Snohomish               2           $0                $0

SPOKANE COUNTY DISTRICT COURT           Spokane                 1           $0         $98.45

SPOKANE COUNTY SUPERIOR COURT           Spokane                 8           $0                $0

STEVENS COUNTY DISTRICT COURT           Stevens                 1           $0                $0

SUMNER MUNICIPAL COURT                  Pierce                  1           $0                $0

SUNNYSIDE MUNICIPAL COURT               Yakima                  1           $0            $25

TACOMA MUNICIPAL COURT                  Pierce                  1           $0                $0

THURSTON COUNTY DISTRICT COURT          Thurston                1           $0                $0

WALLA WALLA COUNTY SUPERIOR COURT       Walla Walla             1           $0                $0

WHATCOM COUNTY DISTRICT COURT           Whatcom                 0         $103                $0

YAKIMA COUNTY DISTRICT COURT            Yakima                  2           $0                $0

YAKIMA COUNTY SUPERIOR COURT            Yakima                  2           $0                $0

YAKIMA MUNICIPAL COURT                  Yakima                  5        $1,650        $3,000

TOTAL                                   63 courts             166    $91,962.51   $124,983.15




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                16
Appendix C: King County's approach
King County has the most 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) in the state. 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 altered 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 the past practice of arresting
and prosecuting people in prostitution did not make 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
illegal interactions — the sex buyers, promoters and traffickers.

Sex trafficking is a crime that disproportionately targets vulnerable youth across Washington, 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 for youth
coerced into the sex trade is between 13 and 15. 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. Of those youth
referred, 20% were between 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 the self-destructive behaviors of buyers and curb sex trafficking.

Since 2014, 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 arrested and prosecuted through pioneering
approaches that are recognized around the country. Following conviction, sex buyers in King County must
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 fees for the buyer
education program and 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 work. Because research
indicates that 13% of calls to solicit sex originate from local businesses, and a peak time to solicit sex online is

 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                    17
2 p.m., employers have played an important role in educating employees and preventing illegal activity through
the workplace.

Figures 5 and 6 illustrate how King County's arrests and convictions, respectively, compare to the numbers in
the rest of the state.

Figure 5: Arrests for patronization and prostitution crimes — state fiscal year 2022
 60                                   55

 50

 40

 30
                                                                                          24

 20
                                                                           12
 10
                        2
  0
                     King County Arrests                                   Remainder of WA
                      Prostitution         Patronizing, Permitting or Promoting Prostitution


Figure 6: Patronization and prostitution convictions — state fiscal year 2022

 35
                                      31
 30

 25

 20
                                                                                          15
 15

 10

  5
                        1
                                                                            0
  0
                   King County Convictions                                 Remainder of WA
                      Prostitution         Patronizing, Permitting or Promoting Prostitution




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                               18


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