BILL ANALYSIS                                                                                                                                                                                                    Ó







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              A
                             2011-2012 Regular Session               B

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          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?




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                                                    AB 1122 (John A. Pérez)
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                                       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 




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                                                    AB 1122 (John A. Pérez)
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          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 




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                                                    AB 1122 (John A. Pérez)
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          "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."





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                                                    AB 1122 (John A. Pérez)
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           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 




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                                                    AB 1122 (John A. Pérez)
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          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 




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                                                    AB 1122 (John A. Pérez)
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               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.




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                                                    AB 1122 (John A. Pérez)
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          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:







































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               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 




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                                                    AB 1122 (John A. Pérez)
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               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>


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          <1>   http://www.cdcr.ca.gov/News/TatMachines.html.