BILL ANALYSIS
AB 633
Page 1
ASSEMBLY THIRD READING
AB 633 (Ammiano)
As Amended January 4, 2010
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 14-2
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|Ayes:|Ammiano, Hagman, |Ayes:|De Leon, Ammiano, |
| |Furutani, Gilmore, Hill, | |Bradford, Charles |
| |Huffman, Skinner | |Calderon, Coto, Davis, |
| | | |Fuentes, Hall, Harkey, |
| | | |John A. Perez, Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Nielsen |
| | | | |
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SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to consider self-reported safety concerns
related to sexual orientation and gender identity when
classifying inmates or wards in order to prevent sexual
victimization. Specifically, this bill :
1)Requires the CDCR to consider self-reported safety concerns
related to sexual orientation and gender identity when
classifying inmates or wards in order to prevent sexual
victimization.
2)Provides that CDCR shall not require any inmate or ward to
disclose or report or disclose his or her sexual orientation
or gender at any time, and a disclosure or report shall not be
discredited solely because it was not provided at an earlier
point in time.
3)States that the CDCR is prohibited form 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 or
commitment.
4)Clarifies that nothing in this section shall be construed as
AB 633
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to require or justify expansion of CDCR facilities.
EXISTING LAW :
1)Establishes the Prison Rape Elimination Act to establish a
zero-tolerance standard for the incidence of prison rape in
prisons in the United States; develop and implement national
standards for the detection, prevention, reduction, and
punishment of prison rape; increase the available data and
information on the incidence of prison rape; increase the
accountability of prison officials who fail to detect,
prevent, reduce, and punish prison rape; protect the Eighth
Amendment rights of federal, state, and local prisoners;
increase the efficiency and effectiveness of Federal
expenditures; and reduce the costs that prison rape imposes on
interstate commerce.
2)Provides that the CDCR shall review informational handbooks
regarding sexual abuse in detention by outside organizations,
and upon approving the content thereof, handbooks provided by
one or more outside organizations shall be made available to
inmates and wards.
3)Requires the CDCR inmate classification and housing assignment
procedures to take into account risk factors that can lead to
inmates and wards becoming the target of sexual victimization
or of being sexually aggressive toward others. Relevant
considerations include: age, whether the offender is a
violent or non-violent offender, and whether the inmate has a
history of mental illness.
4)Requires that CDCR ensure that staff members intervene when an
inmate or ward appears to be the target of sexual harassment
or intimidation.
5)Provides that CDCR must ensure its protocols for responding to
sexual abuse include specified requirements regarding
protecting the inmate or ward making the allegation of sexual
abuse.
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6)Requires that thoughtful, confidential standards of physical
and mental health care shall be implemented to reduce the
impact of sexual abuse on inmates and wards in the CDCR.
7)Requires the CDCR to ensure that specified procedures are
performed in the investigation and prosecution of sexual abuse
incidents.
8)Requires the CDCR to keep statistics on the sexual abuse of
inmates and wards. Sexual incidents shall not be classified
as "other" not simply included in a broader category of
general assaults. Statistics shall include whether the abuse
perpetrated by a staff member or other inmate, the results of
the investigation and any resolution of the complaint by CDCR
officials and prosecution authorities. The data shall be made
available to the Office of the Sexual Abuse Elimination
Ombudsperson.
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 : According to the author, "According to the author,
recent attention has focused on the mounting crisis of
overcrowding and violence in California prisons. The condition
of these facilities has been the subject of both litigation and
special hearings of the California Legislature, including a
December 2008 informational meeting on issues facing lesbian,
gay, bisexual, or transgender (LGBT) inmates in California
prisons.
"The landmark case of Farrell v. Allen, which was brought under
state law as a taxpayer action to stop inhumane and illegal
conditions of confinement, spurred a comprehensive plan to
improve California's prison system. Pursuant to a consent
decree approved by a judge in November 2004, state officials
have agreed to remedy serious ongoing problems in the state's
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correctional facilities, including developing a system to
separate vulnerable prisoners from dangerous ones and a plan to
reduce violence.
"Sexual violence against prisoners who are LGBT is a recurring
problem that must be addressed by any reforms. 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.
"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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003609