BILL NUMBER: AB 633	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 25, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 633, 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 specified risk factors when classifying  the inmate
  and housing inmates  .
   This bill would  add the sexual orientation and gender
identity of the inmate or ward, as specified, to the list of risk
factors to be considered, and would provide related directions to the
department   revise the risk factors, as specified, for
  assessing inmates or wards for risk of sexual
victimization or risk of being sexually abusive, providing different
factors based on whether the inmate or ward is being assessed for
risk of sexual victimization or of sexual abusive behavior, and based
on whether the inmate or ward is in a facility for male or female
inmates. The bill would also provide directions to the department
related to those risk factors and the placement of inmates and wards.
The bill would prohibit the department from requiring an inmate or
ward to disclose or report his or her sexual orientation or gender
identity and from disciplining or punishing an inmate or ward for
failing to disclose or report his or her sexual orientation or gender
identity, as provided  .
   The bill would prohibit  this section   the
above provisions  from being construed to require or justify
expansion or construction of department facilities.
   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  the
National Prison Rape Elimination Commission has reported that 
inmates and wards of the Department of Corrections and
Rehabilitation may be   correctional facilities are
 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.  
having a mental or physical disability, being young, having a slight
physical build, having a sexual orientation other than heterosexual,
being gender nonconforming, for example, having transgender identity
or an intersex condition, not having served a prior term of
commitment, having a nonviolent history, having a history of sexual
victimizati   on, or having a prior conviction for a sexual
offense. 
   (b) It is the intent of the Legislature in 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.
  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  
department  :
   (a) The  Department of Corrections and Rehabilitation
  department's  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   abusive
 toward others. Relevant considerations include: 
   (1) Age of the inmate or ward.  
   (2) 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.
 
   (1) For assessing inmates or wards in men's or boys' facilities or
units for risk of sexual victimization: mental or physical
disability, mental illness, young age, slight physical build, first
incarceration in prison or jail, nonviolent offense history, prior
convictions for sex offenses against an adult or child, sexual
orientation of gay or bisexual, gender nonconformance, for example,
transgender identity or intersex condition, prior sexual
victimization, and the inmate's or ward's own perception of
vulnerability.  
   (2) For assessing inmates or wards in men's or boys' facilities or
units for risk of being sexually abusive: prior acts of sexual abuse
and prior convictions for violent offenses.  
   (3) For assessing inmates or wards in women's or girls' facilities
or units for risk of sexual victimization: mental or physical
disability, mental illness, prior sexual victimization, and the
inmate's or ward's own perception of vulnerability.  
   (4) For assessing inmates or wards in women's or girls' facilities
or units for risk of being sexually abusive: prior acts of sexual
abuse. 
   (b) The  Department of Corrections and Rehabilitation
  department  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
  department  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
  department  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) In accordance with the department's classification scoring
system, the risk factors listed in subdivision (a) shall be
considered with the goal of keeping separate those inmates and wards
at high risk of being sexually victimized from those at high risk of
being sexually abusive. Inmates and wards at high risk for sexual
victimization may be placed in segregated housing only as a last
resort and then only until an alternative means of separation from
likely sexual abusers can be arranged. The department shall make
reasonable efforts to ensure that risk of sexual victimization based
on the risk factors listed in subdivision (a) does not limit access
to classification, housing, programs, education, and work
opportunities, unless it is clinically indicated. Lesbian, gay,
bisexual, transgender, or other gender-nonconforming inmates or wards
shall not be placed in particular facilities, units, or wings solely
on the basis of sexual orientation, genital status, or gender
identity.  
   (e) 
    (f)  Nothing in this section shall be construed to
require or justify expansion or construction of  Department
of Corrections and Rehabilitation   department 
facilities.
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