BILL NUMBER: AB 633	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2010
	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 and housing inmates.

   This bill  would instead require the department to classify
inmates and wards in order to prevent violence and  would 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 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 correctional facilities are at a heightened risk of
sexual violence and abuse based on certain risk factors, including
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
victimization, 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
recognizes that wards or inmates may be at increased risk based on
these factors, and provides vulnerable inmates or wards who are 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:
   (a) The 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  abusive toward
others. Relevant considerations include:
   (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   ,   prior
 victimization, and the inmate's or ward's  own
perception of vulnerability.   stated safety concerns
and stated sexual orientation and gender nonconformance. 
   (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   stated safety concerns
 .
   (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 shall ensure that staff members intervene when
an inmate or ward appears to be the target of  sexual
 harassment or intimidation.
   (c) The 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 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.
   (f) Nothing in this section shall be construed to require or
justify expansion or construction of department facilities.