BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 633|
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THIRD READING
Bill No: AB 633
Author: Ammiano (D)
Amended: 8/17/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/15/10
AYES: Leno, Hancock, Huff, Steinberg, Wright
NO VOTE RECORDED: Cogdill, Cedillo
SENATE APPROPRIATIONS COMMITTEE : 7-4, 8/12/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Walters, Wyland
ASSEMBLY FLOOR : 59-9, 1/27/10 - See last page for vote
SUBJECT : Corrections: classification of inmates and
wards
SOURCE : Equality California
National Center for Lesbian Rights
Transgender Law Center
DIGEST : This bill amends 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 provides that inmates and wards at high risk for
CONTINUED
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victimization may be placed in segregated housing "only as
a last resort," as specified. This bill prohibits CDCR
from requiring any inmate or ward to disclose or report
his/her sexual orientation or gender identity at any time,
as specified. This bill prohibits CDCR from disciplining
or otherwise punishing an inmate or ward for failing to
disclose or report his/her sexual orientation or gender
identity during all or part of his/her term of commitment.
This bill provides that the new requirements not be
construed to require or justify expansion or construction
of CDCR facilities.
ANALYSIS : Existing law requires CDCR to classify inmates
and wards in order to prevent inmate and ward sexual
violence and to promote inmate and ward safety, as
specified. Existing law also requires CDCR to consider
specified risk factors when classifying and housing
inmates.
This bill makes the following legislative findings and
declarations:
1. The National Prison Rape Elimination Commission has
reported that inmates and wards of correctional
facilities are at a heightened risk of sexual violence
and abuse based on certain risk factors, including
having a mental or physical disability, being young,
having a slight physical build, having a sexual
orientation other than heterosexual, being gender
nonconforming, for example, having transgender identity
or an intersex condition, not having served a prior term
of commitment, having a nonviolent history, having a
history of sexual victimization, or having a prior
conviction for a sexual offense.
2. It is the intent of the Legislature in enacting this act
to ensure that CDCR recognizes that wards or inmates may
be at increased risk based on these factors, and
provides vulnerable inmates or wards who are at risk
with heightened protection in classification and housing
decisions, without automatically subjecting them to
highly restrictive or isolated settings or denying them
access to programs and services.
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This bill amends current law to require CDCR's inmate
classification and housing assignment procedures to take
into account risk factors that can lead to inmates and
wards becoming the target of violence or of being abusive
toward others, in place of the term "sexually aggressive,"
and amends the current relevant factors to be considered in
this regard by CDCR to include the following:
1. For assessing inmates or wards in men's or boys'
facilities or units for risk of victimization: mental
or physical disability, mental illness, young age,
slight physical build, first incarceration in prison,
nonviolent offense history, prior convictions for sex
offenses, prior victimization, and the inmate's or
ward's stated safety concerns and stated sexual
orientation and gender nonconformance.
2. For assessing inmates or wards in men's or boys'
facilities or units for risk of being abusive: prior
acts of abuse and prior convictions for violent
offenses.
3. For assessing inmates or wards in women's or girls'
facilities or units for risk of victimization: mental
or physical disability, mental illness, prior
victimization, and the inmate's or ward's own stated
safety concerns.
4. For assessing inmates or wards in women's or girls'
facilities or units for risk of being abusive: prior
acts of sexual abuse.
This bill provides:
1. CDCR shall not require any inmate or ward to disclose or
report his/her sexual orientation or gender identity at
any time, and a disclosure or report shall not be
discredited solely because it was not provided at an
earlier point in time.
2. CDCR is prohibited from disciplining or otherwise
punishing an inmate or ward if the inmate or ward fails
to disclose or report his/her sexual orientation or
gender identity during all or part of his/her term of
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commitment.
3. In accordance with CDCR's classification scoring system,
the risk factors listed above shall be considered with
the goal of keeping separate those inmates and wards at
high risk of being victimized from those at high risk of
being abusive.
This bill states that it shall not be construed to require
or justify expansion or construction of CDCR facilities.
Prior legislation . AB 550 (Goldberg), Chapter 303,
Statutes of 2005. AB 382 (Ammiano), which addressed inmate
classification to prevent prison rape, passed the Senate on
September 3, 2009, with a vote of 24-14, but was vetoed.
The Governor's veto message reads: "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."
AB 633 adds several classification factors that were not
included in AB 382.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
New CDCR policies Minor and absorbable
workload General
SUPPORT : (Verified 8/17/10)
Equality California (co-source)
National Center for Lesbian Rights (co-source)
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Transgender Law Center (co-source)
American Civil Liberties Union
California Commission on the Status of Women
California Public Defenders Association
Inland Counties Stonewall Democrats
Legal Services for Prisoners with Children
Service Employees International Union
Taxpayers for Improving Public Safety
OPPOSITION : (Verified 8/17/10)
California Correctional Supervisors Organization
ARGUMENTS IN SUPPORT : According to the author:
"Existing law (Section 2636 of the Penal Code) requires
the Department of Corrections and Rehabilitation to
classify inmates and wards in order to prevent inmate and
ward sexual violence and to promote inmate and ward
safety. Existing law also requires the department to
consider specified risk factors when classifying and
housing inmates.
"The National Prison Rape Elimination Commission has
reported that inmates and wards of correctional
facilities are at a heightened risk of sexual violence
and abuse based on certain risk factors, including having
a mental or physical disability, being young, having a
slight physical build, having a sexual orientation other
than heterosexual, being gender nonconforming, for
example, having transgender identity or an intersex
condition, not having served a prior term of commitment,
having a nonviolent history, having a history of sexual
victimization, or having a prior conviction for a sexual
offense.
"This bill would ensure that the Department of
Corrections and Rehabilitation recognizes that wards or
inmates may be at increased risk based on these factors,
and provides vulnerable inmates or wards who are at risk
with heightened protection in classification and housing
decisions, without automatically subjecting them to
highly restrictive or isolated settings or denying them
access to programs and services.
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"The bill would also prohibit the department from
requiring an inmate or ward to disclose or report his or
her sexual orientation or gender identity and from
disciplining or punishing an inmate or ward for failing
to disclose or report his or her sexual orientation or
gender identity."
ARGUMENTS IN OPPOSITION : The California Correctional
Supervisors Organization "opposes AB 633 as amended, which
would require the Department of Corrections and
Rehabilitation to take into consideration the sexual
identity or orientation when classifying an inmate or ward.
Under current CDCR policies all such factors are currently
considered when classifying inmates or wards. This measure
while scaled down from its introduction continues to raise
concerns with our membership and thus our opposition
remains."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Chesbro, Conway, Coto, Davis, De La
Torre, DeVore, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gilmore, Hagman, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, Nestande, Niello, John A. Perez, Portantino,
Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torres, Torrico, Tran, Villines,
Yamada
NOES: Anderson, Bill Berryhill, Tom Berryhill, Fuller,
Gaines, Knight, Logue, Nielsen, Silva
NO VOTE RECORDED: Carter, Cook, De Leon, Emmerson,
Garrick, Hall, Miller, V. Manuel Perez, Torlakson, Bass
RJG:mw 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SUPPORT/OPPOSITION: NONE RECEIVED
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