BILL NUMBER: AB 1122 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2011
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 add
Section 1916 to the Welfare and Institutions Code, relating to
juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1122, as amended, John A. Pérez. Juvenile offenders: tattoo
removal.
Existing law establishes a pilot program requiring the Division of
Juvenile Facilities of the Department of Corrections and
Rehabilitation to purchase 2 medical laser devices for the removal of
tattoos, as specified, from eligible participants who are at-risk
youth, exoffenders, and current or former gang members, as specified.
This bill would additionally establish the California Voluntary
Tattoo Removal Program. The bill would provide that, to the extent
funds are available, the California Emergency Management Agency
administer the program. The bill would require that the program be
designed to serve individuals between 14 and 24 years of age, who are
in the custody of the Department of Corrections and Rehabilitation
or county probation departments, who are on parole or probation, or
who are in a community-based organization serving at-risk youth,
through a competitive grant process, as specified. The bill would
describe who may apply for grants, and specify the criteria for
program participants. The bill would state findings and declarations
of the Legislature in this regard.
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 1916 is added to the
Welfare and Institutions Code , to read:
1916. (a) The Legislature finds and declares the following:
(1) Exoffenders and former gang members seeking to restart their
lives and successfully reintegrate into mainstream society or the
professional workplace are often precluded from doing so because of
their visible tattoos.
(2) It is the intent of the Legislature that the establishment of
the California Voluntary Tattoo Removal Program aid these individuals
in their quest to rehabilitate their lives and get back on the right
track.
(b) (1) The California Voluntary Tattoo Removal Program is hereby
established.
(2) To the extent that funds are available for this purpose, the
California Emergency Management Agency shall administer the program.
(3) The program shall be designed to serve individuals between 14
and 24 years of age, who are in the custody of the Department of
Corrections and Rehabilitation or county probation departments, who
are on parole or probation, or who are in a community-based
organization serving at-risk youth.
(c) (1) The agency shall award grants in a competitive manner and
on a geographically diverse basis, serving both northern and southern
California.
(2) The Division of Juvenile Facilities of the Department of
Corrections and Rehabilitation, county probation departments,
community-based organizations, and relevant service providers may
apply for the grants authorized by this section.
(d) (1) Tattoo removals shall be performed by licensed clinicians
who, to the extent feasible, provide their services at a discounted
rate, or free of charge.
(2) Grantees shall serve individuals who have tattoos that are
visible in a professional environment and who are recommended for the
program by Department of Corrections and Rehabilitation
representatives, parole agents, county probation officers,
community-based organizations, or service providers.
(e) Individuals who have gang-related or other tattoos that may be
considered unprofessional and are visible in a professional work
environment, who meet the criteria of paragraph (3) of subdivision
(b), and who meet any of the following criteria may be eligible for
participation in the program:
(1) Are actively pursuing secondary or postsecondary education.
(2) Are seeking employment or participating in workforce training
programs.
(3) Are scheduled for an upcoming job interview or job placement.
(4) Are participating in a community or public service activity.
(f) Use of funding by grantees may include, but shall not be
limited to, the following:
(1) Maintenance or repair of tattoo removal medical devices.
(2) Contracting with licensed private providers to offer the
tattoo removal service.
(3) Any necessary costs associated with operating a tattoo removal
program.
(g) Grantees may also seek state, federal, or private funding to
execute the provisions of this section, and use those funds to
supplement funding received through the program.
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 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, 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 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, 2012, the 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.