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.