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
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            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