BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1122|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1122
          Author:   John A. Pérez (D)
          Amended:  8/31/11 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/28/11
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg
           
          SENATE APPROPRIATIONS COMMITTEE  :  9-0, 8/25/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg
           
          ASSEMBLY FLOOR  :  78-0, 5/19/11(Consent) - See last page for 
            vote


           SUBJECT  :    Tattoo removal

           SOURCE  :     Author


           DIGEST  :    This bill enacts, until January 1, 2017, the 
          California Voluntary Tattoo Removal Program in California 
          Emergency Management Agency, as specified, and provides 
          that it be funded with federal and private monies.

           ANALYSIS  :    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 
                                                           CONTINUED





                                                               AB 1122
                                                                Page 
          2

          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 ÝWIC"] Section 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 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.)

                                                           CONTINUED





                                                               AB 1122
                                                                Page 
          3


          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 
          "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 establishes the "California Voluntary Tattoo 
          Removal Program," with the following features:

          1. To the extent that funds are appropriated for this 
             purpose, the California Emergency Management Agency 
             (CalEMA) may administer the program.


                                                           CONTINUED





                                                               AB 1122
                                                                Page 
          4

          2. Requires 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 (CDCR) or county probation departments, 
             who are on parole or probation, or who are in a 
             community-based organization serving at-risk youth."

          3. Requires CalEMA to "award grants in a competitive manner 
             and on a geographically diverse basis, serving both 
             northern and southern California."

          4. The Division of Juvenile Facilities of the CDCR, county 
             probation departments, community-based organizations, 
             and relevant service providers may apply for the grants 
             authorized by its provisions.

          5. Funds appropriated to implement this program shall be 
             limited to federal funds.

          This bill requires 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 requires that grantees under this program "serve 
          individuals who have gang related tattoos that are visible 
          in a professional environment and who are recommended for 
          the program by CDCR representatives, parole agents, county 
          probation officers, community-based organizations, or 
          service providers."

          This bill provides that qualified individuals "who have 
          gang-related 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.

                                                           CONTINUED





                                                               AB 1122
                                                                Page 
          5


          4. Are participating in a community or public service 
             activity.

          This bill provides that use "of funding by grantees shall 
          be limited to," the following:

          1. The removal of gang related tattoos.

          2. Maintenance or repair of tattoo removal medical devices.

          3. Contracting with licensed private providers to offer the 
             tattoo removal service.

          This bill permits grantees to "also seek additional federal 
          or private funding to execute the provisions of this 
          section, and use those funds to supplement funding received 
          through the program."

          The provisions of this bill sunset on January 1, 2017.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/31/11)

          Advancement Project
          California Attorneys for Criminal Justice
          California Catholic Conference
          California Coalition for Women Prisoners
          California Public Defenders Association
          Chief Probation Officers of California
          Los Angeles County District Attorney
          Office of the California Attorney General

           ARGUMENTS IN SUPPORT  :    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 partners to operate 
            the tattoo removal program.


                                                           CONTINUED





                                                               AB 1122
                                                                Page 
          6

            "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."


           ASSEMBLY FLOOR  :  78-0, 5/19/11
          AYES:  Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED:  Alejo, Gorell


          RJG:kc  8/31/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****












                                                           CONTINUED