BILL NUMBER: AB 1956	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2012
	AMENDED IN ASSEMBLY  MAY 2, 2012
	AMENDED IN ASSEMBLY  MARCH 22, 2012

INTRODUCED BY   Assembly Members Portantino and Halderman
   (Coauthors: Assembly Members Alejo, Blumenfield, and Donnelly)

                        FEBRUARY 23, 2012

   An act to amend Sections 1915 and 1916 of the Welfare and
Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1956, as amended, Portantino. Juvenile offenders: tattoo
removal.
   The Youth Authority Act provides for the detention and confinement
of youthful offenders by the Division of Juvenile Facilities of the
Department of Corrections and Rehabilitation. Existing law
establishes a pilot program requiring the Division of Juvenile
Facilities to purchase 2 medical laser devices for the removal of
tattoos, as specified, from eligible participants who are at-risk
youth, ex-offenders, and current or former gang members, as
specified. Existing law further establishes the California Voluntary
Tattoo Removal Program, which serves individuals between 14 and 24
years of age, inclusive, 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, through a competitive grant
process, as specified.
   This bill would expand these tattoo removal programs to serve
individuals who were tattooed for identification in trafficking or
prostitution and 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 specified community-based
organization. The bill would also express the intent of the
Legislature to encourage the Board of State and Community Corrections
to extend current federal funding  , if available,  to
 serve   programs serving  individuals from
14 and 24 years of age, inclusive, who were tattooed for
identification in trafficking or prostitution.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1915 of the Welfare and Institutions Code is
amended to read:
   1915.  (a) The Department of  the Youth Authority
  Corrections and Rehabilitation, Division of Juvenile
Facilities  shall 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.
   (3) The medical devices shall 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.
   (b) Candidates for tattoo removal 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.
   Community groups recommended pursuant to this subdivision shall
meet the following criteria:
   (1) Serve at-risk youth, ex-offenders, ex-convicts, current and
former gang members, or victims of trafficking and prostitution.
   (2) Possess an established record of providing community-based
services for at least one year to the persons described in paragraph
(1).
   (c) Community groups that participate in this program and the
operators of the sites of the tattoo removal devices shall solicit
the pro bono services of licensed health care providers to
participate in the program in order to increase the number of
individuals served.
   (d) 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 
 Corrections and Rehabilitation, Division of Juvenile Facilities
 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   Corrections and Rehabilitation, Div 
 ision of Juvenile Facilities  shall report these findings
to the Legislature.
   (e) It is the 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.
  SEC. 2.  Section 1916 of the Welfare and Institutions Code is
amended to read:
   1916.  (a) The California Voluntary Tattoo Removal Program is
hereby established.
   (b) To the extent that funds are appropriated for this purpose,
the California Emergency Management Agency may administer the
program.
   (c) 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.
   (d) The agency shall award grants in a competitive manner and on a
geographically diverse basis, serving both northern and southern
California.
   (e) The Division of Juvenile Facilities of the Department of
Corrections and Rehabilitation, county probation departments,
community-based organizations, and relevant service providers may
apply for the grants authorized by this section.
   (f) Funds appropriated for purposes of this section shall be
limited to federal funds.
   (g) Tattoo removals shall be performed by licensed clinicians who,
to the extent feasible, provide their services at a discounted rate,
or free of charge.
   (h) Grantees shall serve individuals who have gang-related tattoos
or tattoos received for identification in trafficking and
prostitution 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.
   (i) Individuals who have gang-related tattoos or tattoos received
for identification in trafficking and prostitution that may be
considered unprofessional and are visible in a professional work
environment, who meet the criteria of subdivision (c), 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.
   (j) Use of funding by grantees shall be limited to the following:
   (1) The removal of gang-related tattoos or tattoos received for
identification in trafficking and prostitution.
   (2) Maintenance or repair of tattoo removal medical devices.
   (3) Contracting with licensed private providers to offer the
tattoo removal service.
   (k) Grantees may 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.
   (l) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
  SEC. 3.  It is the intent of the Legislature to encourage the Board
of State and Community Corrections to extend  , if available,
 federal Edward Byrne Memorial Justice Assistance Grant funding
 to   authorized prior to the enactment of this
m  easure for  tattoo removal programs under Sections
1915 and 1916 of the Welfare and Institutions Code to  serve
  include programs serving  individuals from 14 to
24 years of age, inclusive, who were tattooed for identification in
trafficking or prostitution.