BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 1956 (Portantino) - Juvenile offenders: tattoo removal.
          
          Amended: June 26, 2012          Policy Vote: Public Safety 7-0
          Urgency: No                     Mandate: No
          Hearing Date: August 6, 2012                           
          Consultant: Jolie Onodera       
          
          This bill does not meet the criteria for referral to the 
          Suspense File.
          
          
          Bill Summary: AB 1956 would expand the California Voluntary 
          Tattoo Removal Program to serve individuals between 14 and 24 
          years of age who were tattooed for identification in human 
          trafficking or prostitution, as specified.

          Fiscal Impact: 
           Potential increase in federal grant funding to the extent the 
            U.S. Department of Justice grants additional federal funds for 
            the expansion of tattoo removal to individuals tattooed for 
            identification in human trafficking or prostitution. To the 
            extent no additional grant funds are provided above the 
            existing $250,000 grant but eligibility is expanded to the new 
            population, there could be a decrease in the number of 
            gang-related tattoo removals. 
           Minor ongoing costs of $25,000 (General Fund) to the Board of 
            State and Community Corrections (BSCC) for administration of 
            existing and prospective federal grant funding to the expanded 
            population served under the California Voluntary Tattoo 
            Removal Program. 

          Background: Existing law establishes the California Voluntary 
          Tattoo Removal Program, effective until January 1, 2017, which 
          serves 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, through a competitive grant process. 

          Grant funds appropriated for the program are limited to federal 
          funds. Additionally, grantees are required to serve individuals 
          who have gang-related tattoos that are visible in a professional 
          environment and who meet any of the following specified 
          criteria: 1) are actively pursuing secondary or postsecondary 






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          education, 2) are seeking employment or participating in a 
          workforce training program, 3) are scheduled for an upcoming job 
          interview or job placement, or, 4) are participating in a 
          community or public service activity.

          Under existing law, the Division of Juvenile Facilities of the 
          CDCR was required to purchase two 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.

          Proposed Law: This bill would expand the California Tattoo 
          Removal Program to serve individuals between 14 and 24 years of 
          age who were tattooed for identification in human trafficking or 
          prostitution.

          The bill would also express the intent of the Legislature to 
          encourage the BSCC to extend, if available, federal Edward Byrne 
          Memorial Justice Assistance Grant (JAG) funding authorized prior 
          to the enactment of this measure for tattoo removal programs 
          serving individuals from 14 and 24 years of age, inclusive, who 
          were tattooed for identification in trafficking or prostitution.

          Related Legislation: AB 1122 (J. Perez) Chapter 661/2011 
          established the California Voluntary Tattoo Removal Program, 
          designed to serve individuals between 14 and 24 years of age, 
          through a competitive federal grant process, as specified. 

          SB 1021 (Committee on Budget) Chapter 41/2012 the Public Safety 
          budget trailer bill, among other things, shifted administration 
          of the California Voluntary Tattoo Removal Program from the 
          CalEMA to the BSCC.

          Staff Comments: The California Voluntary Tattoo Removal Program 
          was previously administered by the California Emergency 
          Management Agency (CalEMA) until the BSCC assumed responsibility 
          for administration of the program on July 1, 2012, pursuant to 
          SB 1021 (Committee on Budget and Fiscal Review) Chapter 41/2012. 
          The CalEMA received $250,000 in federal Byrne JAG funds in 
          2011-12 for the program, and two community-based organizations 
          received a total of $228,000 in Byrne JAG funds for tattoo 
          removal of 620 tattoos from 100 individuals. 

          Under existing federal Byrne JAG fund parameters and guidelines, 
          trafficking victims are not eligible for tattoo removal. As a 
          result, in order for federal funds to be utilized for the 






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          expanded population proposed in this bill, the federal 
          government would be required to expand program eligibility. To 
          the extent BSCC efforts to secure expanded eligibility for 
          tattoo removal for those tattooed for identification in human 
          trafficking or prostitution are successful in increasing federal 
          grant funding, the state and community-based organizations could 
          receive increased federal grant funds. Should program 
          eligibility be expanded but federal grant funding remain 
          unchanged, there could be a possibility that fewer current and 
          former gang members would be served under the program to 
          accommodate the population of tattooed trafficking and 
          prostitution victims.

          The BSCC would incur additional workload associated with the 
          provisions of this bill. In light of the many responsibilities 
          recently assumed by the BSCC as of July 1, 2012, the potential 
          workload involved to work with the U.S. DOJ to expand program 
          eligibility to this new population and apply and secure 
          additional and/or alternative federal grant funding would likely 
          not be absorbable. Estimated costs would be approximately 
          $25,000 (General Fund) for administration of the existing and 
          prospective federal grant funding to the expanded population 
          served under the California Voluntary Tattoo Removal Program.

          Recommended Amendments: In order to avoid overriding the changes 
          made pursuant to the recently enacted Public Safety budget 
          trailer bill, staff recommends amending the bill to reflect the 
          proposed changes to WIC section 1916 as amended by Chapter 
          41/2012.