BILL ANALYSIS
AB 382
Page 1
ASSEMBLY THIRD READING
AB 382 (Ammiano)
As Introduced February 23, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 12-3
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Ammiano, Charles |
| |Furutani, Gilmore, Hill, | |Calderon, Davis, Fuentes, |
| |Ma, Skinner | |Hall, Harkey, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, |
| | | |Torlakson |
| | | | |
|-----+--------------------------+-----+---------------------------|
| | |Nays:|Nielsen, Duvall, Miller |
| | | | |
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SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to consider sexual orientation and gender
identity when classifying inmates in order to prevent sexual
violence.
EXISTING LAW :
1)Establishes the Prison Rape Elimination Act to establish a
zero-tolerance standard for the incidence of prison rape in
prisons in the United States; develops and implements national
standards for the detection, prevention, reduction, and
punishment of prison rape; increases the available data and
information on the incidence of prison rape; increases the
accountability of prison officials who fail to detect,
prevent, reduce, and punish prison rape; protects the Eighth
Amendment rights of federal, state, and local prisoners;
increases the efficiency and effectiveness of Federal
expenditures; and, reduces the costs that prison rape imposes
on interstate commerce.
2)Provides the CDCR inmate classification and housing assignment
procedures shall take into account risk factors that can lead
to inmates and wards becoming the target of sexual
AB 382
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victimization or of being sexually aggressive toward others.
Relevant considerations include: age, whether the offender is
a violent or non-violent offender, and whether the inmate has
a history of mental illness.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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 : According to the author, "Recent attention has
focused on the mounting crisis of overcrowding and violence in
California prisons. The condition of these facilities has been
the subject of both litigation and special hearings of the
California Legislature, including a December 2008 informational
meeting on issues facing lesbian, gay, bisexual, or transgender
(LGBT) inmates in California prisons.
"The landmark case of Farrell v. Allen, which was brought under
state law as a taxpayer action to stop inhumane and illegal
conditions of confinement, spurred a comprehensive plan to
improve California's prison system. Pursuant to a consent
decree approved by a judge in November 2004, state officials
have agreed to remedy serious ongoing problems in the state's
correctional facilities, including developing a system to
separate vulnerable prisoners from dangerous ones and a plan to
reduce violence.
"Sexual violence against prisoners who are LGBT is a recurring
problem that must be addressed by any reforms. 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.
"One of the most 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."
AB 382
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Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Larry Yee / PUB. S. / (916) 319-3744
FN: 0000425