BILL ANALYSIS
AB 633
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 633 (Ammiano)
As Amended August 20, 2010
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |59-9 |(January 27, |SENATE: |26-9 |(August 25, |
| | |2010) | | |2010) |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Revises the risk factors when assessing inmates and
wards for risk of sexual victimization or risk of abuse.
The Senate amendments revise the risk factors when assessing
inmates and wards for risk of victimization or risk of abuse,
and provided directions to California Department of Corrections
and Rehabilitation (CDCR) related to those risk factors and the
placement of inmates and wards. The amendments specifically:
1)Provide that for assessing inmates or wards in men's or boy's
facilities or units for risk of victimization relevant
considerations shall include mental or physical disability;
mental illness; young age; slight physical build; first
incarceration in prison or jail; nonviolent offense history;
prior convictions of sex offenses; prior victimization; and
the inmate's or ward's stated safety concerns, stated sexual
orientation, and gender nonconformance.
2)Provide that for assessing inmates or wards in men's or boy's
facilities or units for risk of abuse relevant considerations
shall include prior acts of abuse and prior convictions for
violent offenses.
3)State that for assessing inmates or wards in women's or girl's
facilities or units for risk of victimization relevant
considerations shall include mental or physical disability,
mental illness, prior victimization, and the inmate's or
ward's stated safety concerns.
4)State that for assessing inmates or wards in women's or girl's
facilities or units for risk of being sexually abusive
relevant considerations shall include: prior acts of sexual
abuse.
AB 633
Page 2
5)Provide that in accordance with the inmate or ward
classification scoring system, specified risk factors shall be
considered when housing inmates and ward, 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.
6)Requires CDCR to make reasonable effort to ensure that risk of
victimization based on the specified risk factor does not
limit access to classification, housing, programs, education,
and work opportunities, unless it is clinically indicated.
7)Clarify that nothing in this section shall be construed as to
require or justify expansion of CDCR facilities.
AS PASSED BY THE ASSEMBLY , this bill required CDCR to consider
self-reported safety concerns related to sexual orientation and
gender identity when classifying inmates or wards in order to
prevent sexual victimization. Specifically, this bill :
1)Required the CDCR to consider self-reported safety concerns
related to sexual orientation and gender identity when
classifying inmates or wards in order to prevent sexual
victimization.
2)Provided that CDCR shall not require any inmate or ward to
disclose or report or disclose his or her sexual orientation
or gender at any time, and a disclosure or report shall not be
discredited solely because it was not provided at an earlier
point in time.
3)Stated that the CDCR is prohibited form disciplining or
otherwise punishing an inmate or ward if the inmate or ward
fails to disclose or report his or her sexual orientation or
gender identity during all or part of his or her term or
commitment.
4)Clarified that nothing in this section shall be construed as
to require or justify expansion of CDCR facilities.
FISCAL EFFECT : According to the Senate Appropriations
Committee, new CDCR policies/procedures. Potentially
AB 633
Page 3
substantial development. General and implementation costs.
COMMENTS : According to the author, "According to the author,
recent attention has focused on the mounting crisis of
overcrowding and violence in California prisons. The condition
of these facilities has been the subject of both litigation and
special hearings of the California Legislature, including a
December 2008 informational meeting on issues facing lesbian,
gay, bisexual, or transgender (LGBT) inmates in California
prisons.
"The landmark case of Farrell v. Allen, which was brought under
state law as a taxpayer action to stop inhumane and illegal
conditions of confinement, spurred a comprehensive plan to
improve California's prison system. Pursuant to a consent
decree approved by a judge in November 2004, state officials
have agreed to remedy serious ongoing problems in the state's
correctional facilities, including developing a system to
separate vulnerable prisoners from dangerous ones and a plan to
reduce violence.
"Sexual violence against prisoners who are LGBT is a recurring
problem that must be addressed by any reforms. According to a
recent study from the CDCR, 67% of LGBT inmates report being
sexually assaulted by another inmate, a rate 15 times higher
than the overall prison population.
"One of the most important tools available to corrections
officials to prevent sexual assault is the use of appropriate
prisoner classification and housing protocols. While anyone can
be a victim of sexual violence behind bars, typical victims are
young, non-violent, or first time offenders. LGBT prisoners or
those perceived to be LGBT are also exceptionally vulnerable to
violence."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744 FN: 0006626