Contributed by Agent Michael Ferrera and Agent Mark Bennett
Special Investigations Division, Investigative Services Bureau
Ph: 561-822-1853 or 561-822-1781

This program was developed to address the inequity in the prosecution of men and women arrested for solicitation for prostitution. In addressing street prostitution, the City of West Palm Beach Police Department developed the Prostitution Relocation and Enforcement Program (P.R.E.P.). While the women defendants were offered jail time and high bonds, the men arrested during the "john" reverses were allowed to plea out. They would receive a small fine, and in some cases, have adjudication withheld. Jail time was rarely imposed.

The purpose of the plea offer is to standardize sentencing in these cases, and to educate the defendant as to the consequences of soliciting prostitutes. Consequences include contracting STD's (sexually transmitted diseases), HIV, and hepatitis, as well as the possibility of being a robbery victim. The impact of prostitution on the community is also discussed, as well as showing the prostitute as a victim. The real possibility also exists of being arrested in a police sting. For many men, getting arrested for soliciting a street prostitute has even more consequences. Think of the the heavy impact this can have on their wives and children.

Working with the State Attorney, Gun Club Road office, a plea offer was developed to correct this inequity. Referred to as the "john" or P.I.P.E. plea, the Defendant is informed of this plea offer at the time of arrest. While being processed at the West Palm Beach Police Department, the P.R.E.P. coordinator discusses the plea offer, and puts a copy of it with his property.

The program involves officers from the Community Services Division, Criminal Apprehension Team, and the traffic division. When the "john" is arrested, the traffic officer issues appropriate citations. The vehicle is impounded, and taken to the police station, where the contents of the vehicle is inventoried. The vehicle is then towed to the impound facility contracted with the City. The car is held until an administrative fee of $500 is paid to the City. A release is given to the owner, and he also has to pay the tow company charges for towing and storage. The $500 fee can be contested, by requesting a hearing before a special master.

The arrestee is then transported to the West Palm Beach Police Department for processing. This includes arrest paperwork, and a data sheet, which includes personal information and a digital photo. The arrestees are then transported to the Palm Beach County jail, where a cash bond is required to be released. If bond can't be made, the arrestee is held overnight for first appearance. At first appearance, the Defendant is offered the standard P.I.P.E. plea agreement. He can accept the plea agreement, or, plea not guilty. If a not guilty plea is entered, a court date is set. If the Defendant accepts the P.I.P.E. plea, he is sentenced to sixty days in jail, but is released on his own recognizance to complete the conditions set in the plea. One of the conditions is the P.I.P.E. school. Upon completion, the adjudication is withheld.

In addition to the school, the plea agreement includes a visit to the Health Department for STD, HIV, and hepatitis testing. The Defendant pays all fees, including a fee for the school. If the Defendant completes the above requirements, is not arrested for any new offense, and stays out of the area he was arrested in, the sixty day sentence is mitigated to time served. The defendant's adjudication is withheld. This is intended to act as a deterrent, since a second arrest can be upgraded to a first degree misdemeanor, which carries up to a year in jail.