BILL NUMBER: AB 633 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2010
PASSED THE ASSEMBLY AUGUST 26, 2010
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE AUGUST 17, 2010
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, 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
victimization or risk of being abusive, providing different factors
based on whether the inmate or ward is being assessed for risk of
victimization or of 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.
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 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 victimization or of being
abusive toward others. Relevant considerations include:
(1) For assessing inmates or wards in men's or boys' facilities or
units for risk of victimization: mental or physical disability,
mental illness, young age, slight physical build, first incarceration
in prison, nonviolent offense history, prior convictions for sex
offenses, prior victimization, and the inmate's or ward's 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 abusive: prior acts of abuse and prior
convictions for violent offenses.
(3) For assessing inmates or wards in women's or girls' facilities
or units for risk of victimization: mental or physical disability,
mental illness, prior victimization, and the inmate's or ward's
stated safety concerns.
(4) For assessing inmates or wards in women's or girls' facilities
or units for risk of being abusive: prior acts of abuse.
(b) The department shall ensure that staff members intervene when
an inmate or ward appears to be the target of 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 when housing inmates and wards, in order to promote a safe
and secure environment. Inmates and wards deemed at high risk for
victimization shall not automatically be placed in segregated housing
and may be placed in segregated housing only until an alternative
means of separation from likely abusers can be arranged. The
department shall make reasonable efforts to ensure that risk of
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.
(f) Nothing in this section shall be construed to require or
justify expansion or construction of department facilities.