BILL NUMBER: AB 382	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 23, 2009

   An act to amend Section 2636 of the Penal Code, relating to the
Department of Corrections and Rehabilitation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 382, as introduced, Ammiano. Department of Corrections and
Rehabilitation: inmates and wards: classification.
   Existing law requires the Department of Corrections and
Rehabilitation to classify inmates and wards in order to prevent
inmate and ward sexual violence and to promote inmate and ward
safety, as specified. Existing law also requires the department to
consider certain specified characteristics of the inmate or ward when
classifying the inmate.
   This bill would add the sexual orientation and gender identity of
the inmate or ward to the list of characteristics to be considered.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2636 of the Penal Code is amended to read:
   2636.  For the purposes of this section, all references to
classification of wards shall take effect upon the adoption of a
classification system for wards developed by the Department of
Corrections and Rehabilitation in compliance with Farrell v. Allen,
Alameda County Superior Court Case No. RG 03079344.
   The following practices shall be instituted to prevent sexual
violence and promote inmate and ward safety in the Department of
Corrections and Rehabilitation:
   (a) The Department of Corrections and Rehabilitation inmate
classification and housing assignment procedures shall take into
account risk factors that can lead to inmates and wards becoming the
target of sexual victimization or of being sexually aggressive toward
others. Relevant considerations include:
   (1) Age of the inmate or ward. 
   (2) Sexual orientation and gender identity of the inmate or ward.
 
   (2) 
    (3)  Whether the offender is a violent or nonviolent
offender. 
   (3) 
    (4)  Whether the inmate or ward has served a prior term
of commitment. 
   (4) 
    (5)  Whether the inmate or ward has a history of mental
illness.
   (b) The Department of Corrections and Rehabilitation shall ensure
that staff members intervene when an inmate or ward appears to be the
target of sexual harassment or intimidation.