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