BILL ANALYSIS AB 382 Page 1 Date of Hearing: April 22, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 382 (Ammiano) - As Introduced: February 23, 2009 Policy Committee: Public SafetyVote: 7-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires the CA Department of Corrections and Rehabilitation (CDCR), when determining inmate and ward classification and housing, to add sexual orientation and gender identity to the existing list of risk factors they must "take into account" that may lead to inmates or wards being sexually victimized. (Current law references age, violent tendencies, prior terms, and mental health.) FISCAL EFFECT Minor administrative costs to add additional factors to classification and housing determination procedures. These costs would be offset by indeterminable future savings to the extent victimization is reduced and leads to decreased litigation and recidivism, as well as medical (HIV and hepatitis in particular) and mental health care savings. COMMENTS 1)Rationale . The author notes that CDCR has no explicit policy to ensure the safety of Lesbian, Gay, bi-sexual and transgender (LGBT) inmates. He states, "According to a recent study from the CDCR, 67% of LGBT inmates report being sexually assaulted by another inmate, a rate 15 times higher than the overall prison population. The author wishes to codify what CDCR maintains is essentially current practice. 2)Support . According to Equality California, "One of the most AB 382 Page 2 important tools available to corrections officials to prevent sexual assault is the use of appropriate prisoner classification and housing protocols. While anyone can be a victim of sexual violence behind bars, typical victims are young, non-violent, or first time offenders. LGBT prisoners or those perceived to be LGBT are also exceptionally vulnerable to violence." 3)Prior Legislation : AB 550 (Goldberg), Statutes of 2005, established the Sexual Abuse in Detention Elimination Act, requiring the CDCR to adopt policies, practices, and protocols to protect inmates from sexual abuse. This bill amends this act. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081