BILL NUMBER: AB 1122 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members John A. Pérez and Ammiano
(Coauthors: Assembly Members Beall, Bradford, and Ma)
FEBRUARY 18, 2011
An act to amend Section 1915 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1122, as introduced, John A. Pérez. Juvenile offenders: tattoo
removal.
Existing law provides for the detention and confinement of
youthful offenders by the Department Corrections and Rehabilitation,
Division of Juvenile Facilities, and requires the department to
purchase 2 medical devices that utilize a laser to remove a tattoo
from a person's skin. Existing law requires that a male candidate for
tattoo removal have a tattoo on his lower arm, hand, neck, or head,
while a female candidate for tattoo removal have a tattoo that would
be visible in a professional work environment. Existing law requires
that, after 2 years of operation, community groups that participate
in this program and the operators of each site report to the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities on the number of tattoo removals performed by each device
and the success of the program in assisting individuals to join the
work force. Existing law further requires that by March 1, 2000, the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities report these findings to the Legislature.
This bill would provide that these provisions constitute the
California Tattoo Removal Program. The bill would also expand the
provisions relating to male candidates who are eligible for tattoo
removal to include those who have tattoos that would be visible in a
professional work environment. The bill would also extend, until
March 1, 2012, the period of time for the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, to make the
above-described report to the Legislature, and would make related
technical changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1915 of the Welfare and Institutions Code is
amended to read:
1915. (a) The California Tattoo Removal Program is hereby
created in the Department of Corrections and Rehabilitation, Division
of Juvenile Facilities. The Department of the Youth
Authority Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, shall
purchase, after a competitive bidding process, two medical devices
that utilize a laser to remove a tattoo from a person's skin. The
department shall determine, through a competitive bidding process,
the placement of the two medical devices pursuant to the following
guidelines:
(1) One of the medical devices shall be located within Los Angeles
County and the other shall be located within one of the following
counties: Alameda, San Francisco, San Mateo, Santa Clara, and Santa
Cruz.
(2) Possible sites may include: a licensed health facility, a
licensed health clinic, an educational institution, or a probation
office. The department may enter into an agreement with a licensed
health facility to permit the health facility to use the medical
device when it is not needed for tattoo removal pursuant to this
section if the health facility provides tattoo removal services
pursuant to this section free of charge.
(3) The medical devices shall remain the property of the state.
However, they shall be used in conjunction with the tattoo removal
program pursuant to this section for the functional life of the
medical devices.
(b) Candidates for tattoo removal shall be screened by community
groups working collaboratively with the operators of the sites of the
tattoo removal devices. A male candidate for tattoo removal shall
have a tattoo on his lower arm, hand, neck, or
head , or any place that would be visible in a professional
environment . A female candidate for tattoo removal shall have
a tattoo that would be visible in a professional work environment. To
be eligible for participation, the presence of the tattoo must be
deemed to present either a threat to the personal safety of, or an
obstacle to the employability of, the candidate. Priority shall be
given to candidates who have a job offer that is contingent upon
removal of the tattoo. At the discretion of the organization that
screens a candidate, a candidate for this tattoo removal may be
required to complete 20 hours of supervised public service work
or community service in order to participate in this program.
Parental consent shall be required before the tattoo of any person
under 18 years of age is removed.
Community groups recommended pursuant to this subdivision shall
meet the following criteria:
(1) Serve at-risk youth, exoffenders, exconvicts, or current and
former gang members.
(2) Possess an established record of providing community-based
services for at least one year to the persons described in paragraph
(1).
(c) Community groups that participate in this program and the
operators of the sites of the tattoo removal devices shall solicit
the pro bono services of licensed health care providers to
participate in the program in order to increase the number of
individuals served.
(d) It is the intent of the Legislature that at least 200 tattoo
removals shall be performed at each tattoo removal site in its first
year of operation. After two years of operation, community groups
that participate in this program and the operators of each site shall
report to the Department of the Youth Authority
Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, on the number of tattoo removals performed
by each device and the success of the program in assisting
individuals to join the work force. By March 1, 2000
2012 , the Department of the Youth
Authority Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall report
these findings to the Legislature.
(e) It is the intent of the Legislature to expand these pilot
programs as rapidly as possible to other areas of the state where
there is gang violence and where there are active community-based
gang violence prevention programs.