BILL ANALYSIS
AB 382
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Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 382 (Ammiano) - As Introduced: February 23, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the CA Department of Corrections and
Rehabilitation (CDCR), when determining inmate and ward
classification and housing, to add sexual orientation and gender
identity to the existing list of risk factors they must "take
into account" that may lead to inmates or wards being sexually
victimized. (Current law references age, violent tendencies,
prior terms, and mental health.)
FISCAL EFFECT
Minor administrative costs to add additional factors to
classification and housing determination procedures. These costs
would be offset by indeterminable future savings to the extent
victimization is reduced and leads to decreased litigation and
recidivism, as well as medical (HIV and hepatitis in particular)
and mental health care savings.
COMMENTS
1)Rationale . The author notes that CDCR has no explicit policy
to ensure the safety of Lesbian, Gay, bi-sexual and
transgender (LGBT) inmates. He states, "According to a recent
study from the CDCR, 67% of LGBT inmates report being sexually
assaulted by another inmate, a rate 15 times higher than the
overall prison population.
The author wishes to codify what CDCR maintains is essentially
current practice.
2)Support . According to Equality California, "One of the most
AB 382
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important tools available to corrections officials to prevent
sexual assault is the use of appropriate prisoner
classification and housing protocols. While anyone can be a
victim of sexual violence behind bars, typical victims are
young, non-violent, or first time offenders. LGBT prisoners
or those perceived to be LGBT are also exceptionally
vulnerable to violence."
3)Prior Legislation : AB 550 (Goldberg), Statutes of 2005,
established the Sexual Abuse in Detention Elimination Act,
requiring the CDCR to adopt policies, practices, and protocols
to protect inmates from sexual abuse. This bill amends this
act.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081