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).] AB 1122 Page 2 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 AB 1122 Page 3 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. AB 1122 Page 4 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