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 AB 1956 (Portantino) Page 1 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 AB 1956 (Portantino) Page 2 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.