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
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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.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
New CDCR policies Minor and
absorbable workload General
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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.