ALBANY, N.Y. — Some Albany legislators say criminalizing sex work between consenting adults only empowers sex traffickers and it's time for a change. A package of bills called the Stop Violence in the Sex Trades Act has been introduced in both the Assembly and Senate.
The first statewide bill of its kind in the country, it would decriminalize trade in sex between consenting adults. Nina Luo is a member of Decrim New York, a coalition of more that 30 organizations spanning the LGBTQ, racial justice, harm-reduction and immigrants' rights communities. She pointed out that many marginalized people are shut out of the formal economy by discrimination and turn to the sex trade to survive.
"Whether it's to pay bills or to feed their families or to pay for gender-affirming health care,” Luo said. “So, we don't want to criminalize their form of survival, and that's why we're decriminalizing both the sale and purchase of sex."
Opponents of decriminalization say it would promote sex trafficking, pimping and organized crime. But supporters emphasize that the bill, if passed, would leave laws against human trafficking, rape, assault, sexual exploitation of minors and sexual harassment in place.
Luo added criminalizing sex trade has forced those who engage in sex work into an underground, illegal environment that puts them at extreme risk.
"People who do harm to people who trade sex know that if sex workers try to report crimes, police are going to lock them up,” she said. “That's what happens today."
Jessica Ramos, chair of the state Senate Labor Committee, said the legislation would help create safe workplaces by empowering sex workers to report violence.
Decriminalization differs from legalizing and regulating sex work. Luo noted that Nevada has legalized sex work, as have Germany and the city of Amsterdam. But the sex workers themselves receive few of the benefits.
"The licenses to own brothels are so expensive that only brothel owners can afford them, and so that empowers people who manage and own brothels rather than sex workers working by themselves or with other sex workers,” she said.
With the legislative session ending on June 19, there is little chance the bill will pass this year, but Luo said introducing it now will encourage public discussion and education for its reintroduction in the coming year.
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A package to improve public safety is moving ahead in the California state Legislature - with a floor vote in the State Assembly on the first bill expected this week.
Assembly Bill 2215 puts into statute that police officers have the discretion to send people arrested for low-level offenses directly to supportive services.
Anthony DiMartino - government affairs director with the nonprofit Californians for Safety and Justice - said sometimes public safety is best served when people avoid arrest and instead get therapy, addiction support or help getting a job.
"We're also hoping to raise awareness that this is something officers can do, and then also encourage partnerships more with officers to look at what's in their community," said DiMartino, "as alternatives to jail booking."
A second bill would increase transparency and accountability on money sent to the counties as part of the Public Safety Realignment.
A third bill would require police officers, prosecuting attorneys and investigators to identify themselves any time they're interviewing a family member of someone killed or severely injured by police.
DiMartino said they also support AB 2499, which would ensure that survivors of violent crime and their family members can take unpaid time off work to address safety concerns and heal.
"We're hoping to broaden the scope a bit," said DiMartino, "and make it more clear that family members of victims are able to also tap into unpaid leave to support their family member that has been a victim."
A fifth bill would make it easier for justice-involved people and crime victims to speak freely during restorative justice programs - by making the communications inadmissible in other legal proceedings.
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Missouri went through with its first execution of the year, as Brian Dorsey was put to death last night, just after 6 p.m. CT.
The U.S. Supreme Court on Tuesday declined to stop Dorsey's execution. He was convicted of murdering his cousin Sarah Bonnie and her husband Ben nearly 20 years ago.
The advocacy group Missourians to Abolish the Death Penalty launched several recent campaigns on Dorsey's behalf to spare his life.
Jenni Gerhauser, a cousin to both Dorsey and Sarah Bonnie, expressed belief in his redemption.
"Brian is more than the worst moment of his life," Gerhauser stressed. "There is so much more to him."
Gerhauser fondly remembered him as fun and charming from their visits during holidays. Dorsey's current lawyers said he was in a drug-induced psychosis when he killed the Bonnies in 2006 and his attorneys at the time had been offered money, preventing them from fighting the death penalty with his guilty plea deal.
Gov. Mike Parson confirmed Monday the state would move forward with Dorsey's death sentence, rejecting a separate request for clemency. More than 70 current and former corrections officers had urged the governor to commute Dorsey's sentence, arguing he had been rehabilitated.
Claudia Boyce, also a cousin in the family, said it should not be a decision for the state to make.
"You know, that's supposed to be God's decision, not ours," Boyce contended.
Dorsey received a lethal injection Tuesday evening. Lethal injection became an option for people on Missouri's death row in 1987, alongside lethal gas.
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Amid overcrowding and unsafe conditions in West Virginia jails, state lawmakers introduced bills that would allow judges to take a 'second look' at an individual's original sentence.
If a court determines they no longer pose a threat to the community, the person could be released, placed on supervision, or receive a shortened sentence.
Sara Whitaker - criminal legal policy analyst with the West Virginia Center on Budget and Policy - said West Virginia is one of the few states that has seen its prison population balloon over the past decade, despite declining crime.
She noted that as of last month, more than 500 people in the state were in jail awaiting transfer to a prison.
"As a result, eight out of 10 of the regional jails in the state were beyond capacity," said Whitaker, "with hundreds of people assigned to sleeping on the floor."
The bills failed to advance this session, but Whitaker said advocates are hopeful lawmakers will consider them next year.
The state's jails remain among the deadliest in the country, with at least 91 people losing their lives while incarcerated in the past few years.
According to the West Virginia Center on Budget and Policy, jail bills cost counties $45 million in 2022.
Nationwide, long sentences have led to growth in the number of older people behind bars.
Whitaker pointed out that 'Second Look' legislation could help the state avoid turning its prisons into nursing homes, and said the number of elderly people in prison has tripled in the past two decades.
"In 2019, West Virginia had to open a dementia unit in one of its prisons," said Whitaker. "There are hospice units across multiple prisons. And experts predict that this is just only going to get worse."
Whitaker added that 'Second Look' policies also offer a way to correct past racial injustice in the criminal legal system.
Black people incarcerated in West Virginia are four times more likely than white people to be serving a life sentence with the possibility of parole, and five times as likely to be serving a life-without-parole sentence.
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