We like the idea of sending men caught trying to pick up prostitutes to a class designed to show them the dark side of the criminal enterprises they’re supporting.
The hope is that they’ll be so taken aback by what they learn, they won’t solicit sex from a prostitute again.
Senate Bill 85, which is making its way through the state legislature, aims to give municipal courts the ability to set up these so-called “john schools.”
And up to this point, we’re on board with the concept, which has proven successful in many other cities.
But we part ways with the sponsors of the legislation when it comes to the extraordinarily high fines they would attach to charges related to soliciting or patronizing a prostitute.
The measure would add a fine of $5,000 to $10,000 to the crimes, which in Colorado are petty offenses. On the scale of offenses, it ranks below misdemeanors.
The fine would be on top of the cost of “john school.” If the defendant failed to finish the class, add on $2,000 to $5,000.
The costs are too punitive.
We are not defending the men — and they are almost exclusively men — whose cash fuels a sordid underworld in which young girls are often coerced into prostitution. But there must be some fairness and scale involved in setting fines.
Yes, they should pay the cost of “john school.”
And, yes, a fine is appropriate. Current guidelines for municipal courts allow a fine of up to $1,000 and up to a year in jail, which seems appropriate to us.
Furthermore, it is unclear whether a $5,000 to $10,000 fine could even be imposed in a municipal court. George Boyle, a municipal court judge from Arvada, has voiced doubts about whether it would be possible under current law.
Senate President Brandon Shaffer tells us he settled on the big fines because he wanted a “significant deterrent” that would “punish these guys.” The money would go into a pot to be distributed for enforcement and treatment programs.
Given the state’s fiscal problems, Shaffer said it wouldn’t be realistic to elevate prostitution crimes to where state incarceration would be possible. It costs some $30,000 a year to put someone in prison, Shaffer pointed out.
By that logic, why not just attach huge fines to a range of crimes in the hopes it would dissuade criminals from wrongdoing?
Because it wouldn’t work, that’s why.
Some of those who would hire a prostitute for a few hundred bucks won’t have $5,000 or $10,000 to pay the fines. And we think this kind of crime is one that some men will commit despite the monetary penalty.
We’re also concerned that large fines might convince the accused to fight charges instead of going into the reform program, which intends to change behavior. However, the underlying “john school” idea is worth trying.
We hope the bill sponsors will modify the measure to bring the proposed fines into line with Colorado’s classification of prostitution-related crimes.
