BILL ANALYSIS Ó
AB 1122
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Date of Hearing: May 3, 2011
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1122 (John A. Perez) - As Introduced: February 18, 2011
SUMMARY : Establishes the California Tattoo Removal Program.
Specifically, this bill :
1)Expands the law relating to male candidates who are eligible
for tattoo removal to include those who have tattoos that
would be visible in a professional work environment.
2)Expands the law relating to community organizations'
discretion to require a candidate to complete 20 hours of
public service work to include in the alternative 20 hours of
community service, in order to participate in the tattoo
removal program.
3)Requires California Department of Corrections and
Rehabilitation (CDCR), Division of Juvenile Facilities (DJF)
to report to the Legislature, by March 1, 2012, findings by
community groups that participate in the program and operators
of each site, the number of tattoo removals performed by each
device and the success of the program in assisting individuals
to join the work force.
EXISTING LAW :
1)Required CDCR, DJF to purchase, after a competitive bidding
process, two medical devices that utilize a laser to remove a
tattoo from a person's skin. DFJ shall determine, through a
competitive bidding process, the placement of the two medical
devices pursuant to specified guidelines. ÝWelfare and
Institutions Code (WIC) Section 1915(a).]
2)States that one of the medical devices shall be located within
Los Angeles County and the other shall be located in one of
the following counties: Alameda, San Francisco, San Matera,
Santa Clara, and Santa Cruz. ÝWIC Section 1915(a)(1).]
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3)Provides that possible sites for the medical devices may
include: a licensed health facility, a licensed health clinic,
an educational institution, or a probation office. Allows
CDCR, DJF to enter into an agreement with a health facility to
use the medical device when it is not needed for tattoo
removal if the health facility provides the tattoo removal
services pursuant to this section free of charge. ÝWIC
Section 1915(a)(2).]
4)States that the medical devices shall remain the property of
the state of California and shall be used in conjunction with
the tattoo removal program for the functional life of the
medical devices. ÝWIC Section 1915(a)(3).]
5)Requires that a male candidate for tattoo removal have a
tattoo on his lower arm, hand, neck or head, and that a female
candidate for tattoo removal have a tattoo that would be
visible in a professional work environment. Candidates under
the age of 18 must have parental consent to have a tattoo
removed under the program. Priority shall be given to
candidates who have a job offer that is contingent upon
removal of the tattoo. Gives discretion to the organization
that screens the candidate to require the candidate to
complete 20 hours of supervised public service work in order
to participate in the program. ÝWIC Section 1915(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The California
Tattoo Removal Program has played a vital role in
re-integrating juvenile offenders back into society. Despite
the fact that adequate funding has not been available since
2003, the program continues to serve a modest number of
juvenile offenders.
"The act of removing a tattoo enables an individual leave a
troubled past behind them, while also eliminating what are
considered superficial yet powerful symbols that prove as an
obstacle to employment and becoming productive members of
society. Simply put - the program is pivotal in helping move
individuals out of the gang life into the professional life.
"AB 1122 revises the current statute by placing the tattoo
AB 1122
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removal program within the Department of Juvenile Justice as
opposed to the now defunct California Youth Authority to
reflect the reality of how the program functions to date.
"The bill would also expand the provisions relating to male
candidates who are eligible for tattoo removal to include
those who have tattoos that would be visible in a professional
work environment in an effort to ensure we don't exclude youth
offenders who may have tattoos on their legs seeking
employment with professions where shorts are a part of the
uniform.
"The bill would also extend, until March 1, 2012, the period of
time for CDCR's Division of Juvenile Facilities to report to
the Legislature.
"In the current economic climate, we must be innovative in the
approaches we employ to create job opportunities and remove
unnecessary barriers to employment. Since the tattoo removal
program has been instrumental in both aforementioned regards,
it is important we explore the possibility of preserving the
program in some fashion. AB 1122 functions as a vehicle for
this purpose."
2)Background : According to the background provided by the
author, "Current law provides the California Youth Authority
with the authority to operate the tattoo removal program when
in fact the program is being operated by the Department of
Juvenile Justice. Statute must be changed to reflect this
reality.
"Current provisions for males relating to eligibility for the
tattoo removal program includes only the head, neck, and arms.
The proposal would make their requirements consistent with
that of females by adding 'any place visible in a work
environment' to ensure we do not unintentionally exclude
candidates as they may have visible tattoos on their legs as
well for example."
3)Argument in Support : According to California Attorneys for
Criminal Justice , "Young people may have gang related tattoos
that would exacerbate any stigmatization they may already
experience, due to their status as an ex-offender. Currently
in DJJ facilities, male candidates are eligible to have their
tattoos removed from their neck, head, hand, and lower arm.
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Female candidates are eligible to have tattoos removed from
any body part that may be visible in a professional work
environment. This bill would enable male candidates to also
have tattoos that may be visible in a professional work
environment removed, opening the door to the professional
world. AB 1122 (Perez) would instill hope for a better life
in the hearts of ex-juvenile offenders by helping ease their
integration into a professional work environment."
4)Prior Legislation :
a) SB 526 (Hayden), Chapter 907, Statutes of 1997,
authorized the Department of the Youth Authority to
purchase two medical devices that utilize a laser to remove
a tattoo from a person's skin and to place one in Los
Angeles County and one within any of specified San
Francisco Bay area counties, selected as specified.
b) SB 1700 (Hayden), Chapter 842, Statutes of 1998,
authorized the Department of the Youth Authority to
purchase four medical devices that utilize a laser to
remove a tattoo from a person's skin.
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorneys for Criminal Justice
California Catholic Conference, Inc.
California Coalition for Women Prisoners
California Public Defenders Association
Legal Services for Prisoners with Children
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744