Call me cynical, but I was unsurprised to learn that Arizona has some of the harshest laws targeting prostitutes in the country β a first offense carries a mandatory minimum sentence of 15 days in jail, and by the fourth arrest, the charge is upped to a felony and the jail time becomes days.
For Tucson, these state-mandated minimum sentences for sex workers carry a heavy local price tag. These diversion programs offer those arrested an alternative to court: Complete six months of group counseling, supported by housing and employment assistance, and the charges will be dropped.
Outstanding warrants or prior convictions make one ineligible for the deal. For one thing, the arrested women and men are not allowed to consult a lawyer before making their decision about whether to participate in diversion. Program proponents have argued that, because charges have not yet been filed, the arrested and handcuffed sex workers are not entitled to legal counsel.
But when people have to decide between charges and diversion without even being allowed to ask a lawyer about how serious the threat of charges might be, I think we can agree that there is a problem. During this time, prostitution arrests are ramped up, and in Tucson, police officers will even directly book an appointment with a prostitute.
It compounds the problems that the diversion programs are supposed to be mitigating β mainly that our prostitution laws are harsh and unfair, on the one hand, and the high cost of enforcing the mandatory minimums, on the other. Because not every sex worker picked up in these sting operations will qualify for diversion, and even fewer will complete the program, the programs are counterproductive in the end.
