BILL NUMBER: AB 382	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 25, 2009

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 amended, 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   risk factors
 when classifying the inmate.
   This bill would add the sexual orientation and gender identity of
the inmate or ward  , as specified,  to the list of 
characteristics   risk factors  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.    (a) The Legislature finds and declares
that inmates and wards of the Department of Corrections and
Rehabilitation may be at a heightened risk of sexual violence and
abuse based on certain risk factors, including being young, being
lesbian, gay, bisexual, or transgender, not having served a prior
term of commitment, or having a history of mental illness.  

   (b) It is the intent of the Legislature in the enacting this act
to ensure that the Department of Corrections and Rehabilitation (1)
recognizes that wards or inmates may be at increased risk based on
these factors, and (2) provides vulnerable inmates or wards who are
determined to be at risk with heightened protection in classification
and housing decisions, without automatically subjecting them to
highly restrictive or isolated settings or denying them access to
programs and services. 
   SECTION 1.   SEC. 2.   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   Self-reported safety concerns
related to the sexual  orientation and gender identity of the
inmate or ward.
   (3) Whether the offender is a violent or nonviolent offender.
   (4) Whether the inmate or ward has served a prior term of
commitment.
   (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. 
   (c) The Department of Corrections and Rehabilitation shall not
require any inmate or ward to disclose or report his or her sexual
orientation or gender identity at any time, and a disclosure or
report shall not be discredited solely because it was not provided at
an earlier point in time.  
   (d) The Department of Corrections and Rehabilitation is prohibited
from disciplining or otherwise punishing an inmate or ward if the
inmate or ward fails to disclose or report his or her sexual
orientation or gender identity during all or part of his or her term
of commitment.  
   (e) Nothing in this section shall be construed to require or
justify expansion or construction of Department of Corrections and
Rehabilitation facilities.