BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 633| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 633 Author: Ammiano (D) Amended: 8/20/10 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 AB 633 Page 2 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. Senate Floor Amendments of 8/20/10 address housing and programming for inmates deemed at high risk for victimization. NOTE: This language tracks, almost verbatim, the recommended standards published by the bipartisan National Prison Rape Elimination Commission, created by Congress as part of the Prison Rape Elimination Act of 2003. 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. AB 633 Page 3 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. 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: AB 633 Page 4 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 commitment. 3. In accordance with CDCR's classification scoring system, the risk factors listed in subdivision (a) shall be considered when housing inmates and wards, in order to promote a safe and secure environment. Inmates and wards deemed at high risk for victimization shall not automatically be placed in segregated housing and may be placed in segregated housing only until an alternative means of separation from likely abusers can be arranged. CDCR shall make reasonable efforts to ensure that risk of victimization based on the risk factors listed in subdivision (a) does not limit access to classification, housing, programs, education, and work opportunities, unless it is clinically indicated. 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. AB 633 Page 5 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) (Unable to reverify) Equality California (co-source) National Center for Lesbian Rights (co-source) 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) (Unable to reverify) 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 AB 633 Page 6 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. "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, AB 633 Page 7 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 8/23/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****