BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 633
                                                                  Page  1

          Date of Hearing:   January 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 633 (Ammiano) - As Amended:  January 4, 2010 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:              No

           SUMMARY  

          This bill requires the CA Department of Corrections and  
          Rehabilitation (CDCR), when determining inmate and ward  
          classification and housing, to add self-reported safety concerns  
          related to 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.) This bill also:

          1)Specifies CDCR may not require an inmate to disclose sexual  
            orientation or gender identity. 

          2)States that nothing in this section shall be construed as to  
            require or justify expansion of CDCR facilities.   

           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 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  








                                                                  AB 633
                                                                  Page  2

            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  
            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)Similar Legislation Vetoed.  The governor's veto of AB 382  
            (Ammiano, 2009) stated: "This bill would add, among other  
            provisions, the sexual orientation and gender identity of an  
            inmate or ward to the list of risk factors considered as part  
            of the California Department of Corrections and  
            Rehabilitation's (CDCR) inmate and ward classification and  
            housing assignment procedures. This bill is unnecessary  
            because CDCR already considers these factors when determining  
            where to house inmates. 

           4)Related 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