BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 633 (Ammiano) Hearing Date: 08/12/2010 Amended: As Proposed to be Amended Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety 5-0 _________________________________________________________________ ____ BILL SUMMARY: AB 633 would amend existing law to require the inmate classification and housing assignment procedures of the Department of Corrections and Rehabilitation (CDCR) to take into account risk factors that can lead to inmates and wards becoming the target of victimization or of being "abusive" toward others, and amend the current relevant factors to be considered in this regard, as specified. This bill would provide that inmates and wards at high risk for victimization may be placed in segregated housing "only as a last resort," as specified. This bill would prohibit CDCR from requiring any inmate or ward to disclose or report his or her sexual orientation or gender identity at any time, as specified. This bill would prohibit CDCR from disciplining or otherwise punishing an inmate or ward for failing to disclose or report his or her sexual orientation or gender identity during all or part of his or her term of commitment. This bill provides that the new requirements not be construed to require or justify expansion or construction of department facilities. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund New CDCR policies Minor and absorbable workload General _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. As Proposed to be Amended. AB 633 modifies various inmate classification and housing assignment procedures, largely requiring CDCR to "consider" certain victimization risk factors in deciding an inmate's housing placement. Many of the considerations required by this bill are already part of current practice, and would codify existing CDCR activities. Taking additional risk factors into consideration does not generally present a new cost that is more than minor and absorbable within existing resources. One provision of this bill, however, would restrict CDCR's use of administrative segregation housing and necessitate an overhaul of CDCR's victim protection procedures. This bill states that, "Inmates and wards at high risk for 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." Currently, placing an inmate who is being victimized in segregated housing (at least temporarily) is CDCR's first response to the situation. The requirement that the current practice only be used as a last resort, and then only until an alternative can be arranged, would require CDCR to overhaul its procedures to provide both long-term alternatives and a short term approach that is fundamentally different from its current approach. Implementing this requirement (including staff training) would incur substantial new workload for the department at a time when it continues to sustain large unallocated budget reductions. Page 2 AB 633 (Ammiano) The author's proposed amendments would remove the requirements on CDCR to limit its use of segregated housing as an option for separating victimized inmates from abusers.