BILL ANALYSIS Ó SENATE COMMITTEE ON PUBLIC SAFETY Senator Loni Hancock, Chair A 2011-2012 Regular Session B 1 1 2 AB 1122 (John A. Pérez) 2 As Amended June 16, 2011 Hearing date: June 28, 2011 Welfare and Institutions Code AA:mc TATTOO REMOVAL HISTORY Source: Author Prior Legislation: SB 1700 (Hayden) - Chapter 842, Statutes of 1998 SB 526 (Hayden) - Chapter 907, Statutes of 1997 Support: California Attorneys for Criminal Justice; California Coalition for Women Prisoners; California Public Defenders Association; Advancement Project; California Catholic Conference; Office of the California Attorney General; Chief Probation Officers of California; Los Angeles County District Attorney Opposition:None known Assembly Floor Vote: Ayes 78 - Noes 0 KEY ISSUE SHOULD A "CALIFORNIA VOLUNTARY TATTOO REMOVAL PROGRAM" BE ESTABLISHED IN CalEMA, AS SPECIFIED? (More) AB 1122 (John A. Pérez) PageB PURPOSE The purpose of this bill is to enact the California Voluntary Tattoo Removal Program in CalEMA, as specified. Current statute requires the Division of Juvenile Facilities (as successor to the Department of the Youth Authority) to "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. (Welfare and Institutions Code ("WIC") § 1915.) Existing law requires that the medical devices 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. (Id.) Existing law requires that candidates for tattoo removal under this section "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. A female (More) AB 1122 (John A. Pérez) PageC 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 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." (Id.) Existing law requires that community groups recommended pursuant to this subdivision 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, as specified. (Id.) Current law requires that community groups that participate in this program and the operators of the sites of the tattoo removal devices solicit the pro bono services of licensed health care providers to participate in the program in order to increase the number of individuals served. (Id.) Current law states that 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 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, the Department of the Youth Authority shall report these findings to the Legislature." (Id.) Current law states the further intent of the Legislature to (More) AB 1122 (John A. Pérez) PageD "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." (Id.) This bill would establish the "California Voluntary Tattoo Removal Program," with the following features: This bill would provide that, to the extent that funds are available for this purpose, the California Emergency Management Agency shall administer the program. This bill would require that 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." This bill would require CalEMA to "award grants in a competitive manner and on a geographically diverse basis, serving both northern and southern California." This bill would provide that the Division of Juvenile Facilities (DJJ) of the Department of Corrections and Rehabilitation (CDCR), county probation departments, community-based organizations, and relevant service providers may apply for the grants authorized by its provisions. This bill would require that tattoo removals "be performed by licensed clinicians who, to the extent feasible, provide their services at a discounted rate, or free of charge." This bill would require that grantees under this program "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." (More) AB 1122 (John A. Pérez) PageE This bill would provide that qualified individuals "who have gang-related or other tattoos that may be considered unprofessional and are visible in a professional work environment, . . . 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. This bill would provide that 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. This bill would permit grantees to "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." RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION For the last several years, severe overcrowding in California's prisons has been the focus of evolving and expensive litigation. As these cases have progressed, prison conditions have continued to be assailed, and the scrutiny of the federal courts over California's prisons has intensified. On June 30, 2005, in a class action lawsuit filed four years (More) AB 1122 (John A. Pérez) PageF earlier, the United States District Court for the Northern District of California established a Receivership to take control of the delivery of medical services to all California state prisoners confined by the California Department of Corrections and Rehabilitation ("CDCR"). In December of 2006, plaintiffs in two federal lawsuits against CDCR sought a court-ordered limit on the prison population pursuant to the federal Prison Litigation Reform Act. On January 12, 2010, a three-judge federal panel issued an order requiring California to reduce its inmate population to 137.5 percent of design capacity -- a reduction at that time of roughly 40,000 inmates -- within two years. The court stayed implementation of its ruling pending the state's appeal to the U.S. Supreme Court. On May 23, 2011, the United States Supreme Court upheld the decision of the three-judge panel in its entirety, giving California two years from the date of its ruling to reduce its prison population to 137.5 percent of design capacity, subject to the right of the state to seek modifications in appropriate circumstances.In response to the unresolved prison capacity crisis, in early 2007 the Senate Committee on Public Safety began holding legislative proposals which could further exacerbate prison overcrowding through new or expanded felony prosecutions. This bill does not appear to aggravate the prison overcrowding crisis described above. COMMENTS 1. Stated Need for This Bill The author states: AB 526 and SB 1700 (Hayden) Senate Bills 526 and 1700 (Hayden) of the 1997 and 1998 Legislative Sessions, required the then California Youth Authority to . . . purchase a number of laser tattoo removal machines and work in collaboration with community (More) AB 1122 (John A. Pérez) PageG partners to operate the tattoo removal program. Despite the program's success and community demand for the program, due to the state experiencing a fiscal crisis, funding was pulled and most devices were donated to local partners. Although tattoo removal programs exist sporadically throughout California, a number of entities have disbanded the program, while others have scaled back their programs and would benefit from additional resources in order to serve more individuals. 2. What This Bill Would Do This bill would establish a tattoo removal program in CalEMA to the extent funds are available for individuals between 14 and 24 years of age in the custody of CDCR or county probation, who are on parole or probation, or who are in a community-based organization serving at-risk youth. 3. CDCR - Division of Juvenile Facilities (formerly CYA) CDCR indicates that its juvenile facilities offer tattoo removal for youth housed in DJJ as follows: The Northern California Youth Correctional Center (complex) which includes Chad and O.H. Close located in Stockton has a machine. A contract doctor comes to the facility. The complex also covers the youth at Preston in Ione and the Pine Grove Youth Conservation Camp; The Southern Youth Correctional Reception Center and Clinic located in Norwalk has a volunteer group that comes in and performs this service - this facility does not have a machine; The Ventura Youth Correctional Facility located in Camarillo has a machine and has an in-house physician and nurse practitioner that performs this service; DJJ Parole helps facilitate this service for DJJ parolees through community providers. (More) AB 1122 (John A. Pérez) PageH The CDCR website contains the following statement concerning the DJJ tattoo removal project which in April of 2003 donated its machines to agencies that had been performing tattoo removal under the program: (More) Earlier this year, the CYA formally transferred ownership of the laser tattoo removal machines to five community programs that have been using them since the machines were installed in 1998. A sixth machine was placed at El Paso de Robles Youth Correctional Facility. The machines were put into place by CYA, in accordance with Senate Bill 526 (Hayden) in 1997 and Senate Bill 1700 (Hayden). Since that time, thousands of tattoos have been removed from individuals, including CYA parolees, who wanted to sever gang ties and/or enhance their employment and educational opportunities. Although CYA no longer owns the machines, the CYA will continue to make referrals as necessary. Recipient agencies of these machines include the Hollywood/Sunset Free Clinic; Orange County Probation Department; Family Health Centers of San Diego; Alameda County Public Health Department and the Dominican Hospital of Santa Cruz. Kelly Perdue, Parole Agent II and Delinquency Prevention Specialist noted that since 1998, some 2,676 tattoos have been completely removed from clients, many of whom came from, or were referred by, CYA institutions and parole offices. Considering tattoo removal can often require a dozen or more visits to the laser tattoo removal equipment, these machines were used frequently. The CYA was recognized by the Hollywood/Sunset Free Clinic Board of Directors May 1, 2003, and received a community service award for its generous service to Los Angeles County. Perdue accepted the award on behalf of the CYA. The continuum of care is so important, especially with these kids, Perdue said, recalling his comments to the (More) AB 1122 (John A. Pérez) PageJ attendees at the awards event. These kids are targeted by these tattoos, when others can see them on their necks and hands. Potential employers recognize it as problematic for them as well ... they just don't want problems. Theresa Padua, Executive Director for the Hollywood Free Clinic, noted that access to that machine in her community has allowed many former gang members to transition to professional jobs without ink that betrays a gang related past. I could not possibly put it into words, it has been so invaluable, Padua said. We have given thousands of treatments, and the clients are so grateful that they are able to start new lives.<1> *************** --------------------------- <1> http://www.cdcr.ca.gov/News/TatMachines.html.