BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1122
                                                                  Page  1

          Date of Hearing:  May 3, 2011
          Counsel:        Stella Choe


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

             AB 1122 (John A. Perez) - As Introduced:  February 18, 2011 
           
           
           SUMMARY  :  Establishes the California Tattoo Removal Program.  
          Specifically,  this bill  :  

          1)Expands the law 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.

          2)Expands the law relating to community organizations' 
            discretion to require a candidate to complete 20 hours of 
            public service work to include in the alternative 20 hours of 
            community service, in order to participate in the tattoo 
            removal program.

          3)Requires California Department of Corrections and 
            Rehabilitation (CDCR), Division of Juvenile Facilities (DJF) 
            to report to the Legislature, by March 1, 2012, findings by 
            community groups that participate in the program and operators 
            of each site, 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  :

          1)Required CDCR, DJF to purchase, after a competitive bidding 
            process, two medical devices that utilize a laser to remove a 
            tattoo from a person's skin.  DFJ shall determine, through a 
            competitive bidding process, the placement of the two medical 
            devices pursuant to specified guidelines.  ÝWelfare and 
            Institutions Code (WIC) Section 1915(a).]

          2)States that one of the medical devices shall be located within 
            Los Angeles County and the other shall be located in one of 
            the following counties: Alameda, San Francisco, San Matera, 
            Santa Clara, and Santa Cruz.  ÝWIC Section 1915(a)(1).]









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          3)Provides that possible sites for the medical devices may 
            include: a licensed health facility, a licensed health clinic, 
            an educational institution, or a probation office. Allows 
            CDCR, DJF to enter into an agreement with a health facility to 
            use the medical device when it is not needed for tattoo 
            removal if the health facility provides the tattoo removal 
            services pursuant to this section free of charge.  ÝWIC 
            Section 1915(a)(2).]

          4)States that the medical devices shall remain the property of 
            the state of California and shall be used in conjunction with 
            the tattoo removal program for the functional life of the 
            medical devices.  ÝWIC Section 1915(a)(3).]

          5)Requires that a male candidate for tattoo removal have a 
            tattoo on his lower arm, hand, neck or head, and that a female 
            candidate for tattoo removal have a tattoo that would be 
            visible in a professional work environment.  Candidates under 
            the age of 18 must have parental consent to have a tattoo 
            removed under the program.  Priority shall be given to 
            candidates who have a job offer that is contingent upon 
            removal of the tattoo.  Gives discretion to the organization 
            that screens the candidate to require the candidate to 
            complete 20 hours of supervised public service work in order 
            to participate in the program.  ÝWIC Section 1915(b).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :

           1)Author's Statement  :  According to the author, "The California 
            Tattoo Removal Program has played a vital role in 
            re-integrating juvenile offenders back into society.  Despite 
            the fact that adequate funding has not been available since 
            2003, the program continues to serve a modest number of 
            juvenile offenders. 

          "The act of removing a tattoo enables an individual leave a 
            troubled past behind them, while also eliminating what are 
            considered superficial yet powerful symbols that prove as an 
            obstacle to employment and becoming productive members of 
            society.  Simply put - the program is pivotal in helping move 
            individuals out of the gang life into the professional life.

          "AB 1122 revises the current statute by placing the tattoo 








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            removal program within the Department of Juvenile Justice as 
            opposed to the now defunct California Youth Authority to 
            reflect the reality of how the program functions to date.

          "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 in an effort to ensure we don't exclude youth 
            offenders who may have tattoos on their legs seeking 
            employment with professions where shorts are a part of the 
            uniform.

          "The bill would also extend, until March 1, 2012, the period of 
            time for CDCR's Division of Juvenile Facilities to report to 
            the Legislature.

          "In the current economic climate, we must be innovative in the 
            approaches we employ to create job opportunities and remove 
            unnecessary barriers to employment.  Since the tattoo removal 
            program has been instrumental in both aforementioned regards, 
            it is important we explore the possibility of preserving the 
            program in some fashion.  AB 1122 functions as a vehicle for 
            this purpose."

           2)Background  :  According to the background provided by the 
            author, "Current law provides the California Youth Authority 
            with the authority to operate the tattoo removal program when 
            in fact the program is being operated by the Department of 
            Juvenile Justice.  Statute must be changed to reflect this 
            reality.

          "Current provisions for males relating to eligibility for the 
            tattoo removal program includes only the head, neck, and arms. 
             The proposal would make their requirements consistent with 
            that of females by adding 'any place visible in a work 
            environment' to ensure we do not unintentionally exclude 
            candidates as they may have visible tattoos on their legs as 
            well for example."

           3)Argument in Support  :  According to  California Attorneys for 
            Criminal Justice  , "Young people may have gang related tattoos 
            that would exacerbate any stigmatization they may already 
            experience, due to their status as an ex-offender.  Currently 
            in DJJ facilities, male candidates are eligible to have their 
            tattoos removed from their neck, head, hand, and lower arm.  








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            Female candidates are eligible to have tattoos removed from 
            any body part that may be visible in a professional work 
            environment.  This bill would enable male candidates to also 
            have tattoos that may be visible in a professional work 
            environment removed, opening the door to the professional 
            world.  AB 1122 (Perez) would instill hope for a better life 
            in the hearts of ex-juvenile offenders by helping ease their 
            integration into a professional work environment."

           4)Prior Legislation  :

             a)   SB 526 (Hayden), Chapter 907, Statutes of 1997, 
               authorized the Department of the Youth Authority to 
               purchase two medical devices that utilize a laser to remove 
               a tattoo from a person's skin and to place one in Los 
               Angeles County and one within any of specified San 
               Francisco Bay area counties, selected as specified.

             b)   SB 1700 (Hayden), Chapter 842, Statutes of 1998, 
               authorized the Department of the Youth Authority to 
               purchase four medical devices that utilize a laser to 
               remove a tattoo from a person's skin.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Attorneys for Criminal Justice
          California Catholic Conference, Inc.
          California Coalition for Women Prisoners
          California Public Defenders Association
          Legal Services for Prisoners with Children

           Opposition 
           
          None

           
          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744