BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2011-2012 Regular Session B
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AB 1122 (John A. Pérez) 2
As Amended June 16, 2011
Hearing date: June 28, 2011
Welfare and Institutions Code
AA:mc
TATTOO REMOVAL
HISTORY
Source: Author
Prior Legislation: SB 1700 (Hayden) - Chapter 842, Statutes of
1998
SB 526 (Hayden) - Chapter 907, Statutes of 1997
Support: California Attorneys for Criminal Justice; California
Coalition for Women Prisoners; California Public
Defenders Association; Advancement Project; California
Catholic Conference; Office of the California Attorney
General; Chief Probation Officers of California; Los
Angeles County District Attorney
Opposition:None known
Assembly Floor Vote: Ayes 78 - Noes 0
KEY ISSUE
SHOULD A "CALIFORNIA VOLUNTARY TATTOO REMOVAL PROGRAM" BE
ESTABLISHED IN CalEMA, AS SPECIFIED?
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PURPOSE
The purpose of this bill is to enact the California Voluntary
Tattoo Removal Program in CalEMA, as specified.
Current statute requires the Division of Juvenile Facilities (as
successor to the Department of the Youth Authority) to
"purchase, after a competitive bidding process, two medical
devices that utilize a laser to remove a tattoo from a person's
skin. The department shall determine, through a competitive
bidding process, the placement of the two medical devices
pursuant to the following guidelines:
(1) One of the medical devices shall be located within
Los Angeles County and the other shall be located
within one of the following counties: Alameda, San
Francisco, San Mateo, Santa Clara, and Santa Cruz.
(2) Possible sites may include: a licensed health
facility, a licensed health clinic, an educational
institution, or a probation office. The department
may enter into an agreement with a licensed health
facility to permit the health facility to use the
medical device when it is not needed for tattoo
removal pursuant to this section if the health
facility provides tattoo removal services pursuant to
this section free of charge. (Welfare and
Institutions Code ("WIC") § 1915.)
Existing law requires that the medical devices remain the
property of the state. However, they shall be used in
conjunction with the tattoo removal program pursuant to this
section for the functional life of the medical devices. (Id.)
Existing law requires that candidates for tattoo removal under
this section "shall be screened by community groups working
collaboratively with the operators of the sites of the tattoo
removal devices. A male candidate for tattoo removal shall have
a tattoo on his lower arm, hand, neck, or head. A female
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candidate for tattoo removal shall have a tattoo that would be
visible in a professional work environment. To be eligible for
participation, the presence of the tattoo must be deemed to
present either a threat to the personal safety of, or an
obstacle to the employability of, the candidate. Priority shall
be given to candidates who have a job offer that is contingent
upon removal of the tattoo. At the discretion of the
organization that screens a candidate, a candidate for this
tattoo removal may be required to complete 20 hours of
supervised public service work in order to participate in this
program. Parental consent shall be required before the tattoo
of any person under 18 years of age is removed." (Id.)
Existing law requires that community groups recommended pursuant
to this subdivision meet the following criteria:
(1) Serve at-risk youth, exoffenders, exconvicts, or
current and former gang members.
(2) Possess an established record of providing
community-based services for at least one year, as
specified. (Id.)
Current law requires that community groups that participate in
this program and the operators of the sites of the tattoo
removal devices solicit the pro bono services of licensed health
care providers to participate in the program in order to
increase the number of individuals served. (Id.)
Current law states that it "is the intent of the Legislature
that at least 200 tattoo removals shall be performed at each
tattoo removal site in its first year of operation. After two
years of operation, community groups that participate in this
program and the operators of each site shall
report to the Department of the Youth Authority on the number of
tattoo removals performed by each device and the success of the
program in assisting individuals to join the work force. By
March 1, 2000, the Department of the Youth Authority shall
report these findings to the Legislature." (Id.)
Current law states the further intent of the Legislature to
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"expand these pilot programs as rapidly as possible to other
areas of the state where there is gang violence and where there
are active community-based gang violence prevention programs."
(Id.)
This bill would establish the "California Voluntary Tattoo
Removal Program," with the following features:
This bill would provide that, to the extent that funds are
available for this purpose, the California Emergency Management
Agency shall administer the program.
This bill would require that the "program shall be designed to
serve individuals between 14 and 24 years of age, who are in the
custody of the Department of Corrections and Rehabilitation or
county probation departments, who are on parole or probation, or
who are in a community-based organization serving at-risk
youth."
This bill would require CalEMA to "award grants in a competitive
manner and on a geographically diverse basis, serving both
northern and southern California."
This bill would provide that the Division of Juvenile Facilities
(DJJ) of the Department of Corrections and Rehabilitation
(CDCR), county probation departments, community-based
organizations, and relevant service providers may apply for the
grants authorized by its provisions.
This bill would require that tattoo removals "be performed by
licensed clinicians who, to the extent feasible, provide their
services at a discounted rate, or free of charge."
This bill would require that grantees under this program "serve
individuals who have tattoos that are visible in a professional
environment and who are recommended for the program by
Department of Corrections and Rehabilitation representatives,
parole agents, county probation officers, community-based
organizations, or service providers."
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This bill would provide that qualified individuals "who have
gang-related or other tattoos that may be considered
unprofessional and are visible in a professional work
environment, . . . and who meet any of the following criteria
may be eligible for participation in the program:
(1) Are actively pursuing secondary or postsecondary
education.
(2) Are seeking employment or participating in
workforce training programs.
(3) Are scheduled for an upcoming job interview or job
placement.
(4) Are participating in a community or public service
activity.
This bill would provide that use "of funding by grantees may
include, but shall not be limited to, the following:
(1) Maintenance or repair of tattoo removal medical
devices.
(2) Contracting with licensed private providers to
offer the tattoo removal service.
(3) Any necessary costs associated with operating a
tattoo removal program.
This bill would permit grantees to "also seek state, federal, or
private funding to execute the provisions of this section, and
use those funds to supplement funding received through the
program."
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation.
As these cases have progressed, prison conditions have
continued to be assailed, and the scrutiny of the federal courts
over California's prisons has intensified.
On June 30, 2005, in a class action lawsuit filed four years
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earlier, the United States District Court for the Northern
District of California established a Receivership to take
control of the delivery of medical services to all California
state prisoners confined by the California Department of
Corrections and Rehabilitation ("CDCR"). In December of 2006,
plaintiffs in two federal lawsuits against CDCR sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
three-judge federal panel issued an order requiring California
to reduce its inmate population to 137.5 percent of design
capacity -- a reduction at that time of roughly 40,000 inmates
-- within two years. The court stayed implementation of its
ruling pending the state's appeal to the U.S. Supreme Court.
On May 23, 2011, the United States Supreme Court upheld the
decision of the three-judge panel in its entirety, giving
California two years from the date of its ruling to reduce its
prison population to 137.5 percent of design capacity, subject
to the right of the state to seek modifications in appropriate
circumstances.
In response to the unresolved prison capacity crisis, in early
2007 the Senate Committee on Public Safety began holding
legislative proposals which could further exacerbate prison
overcrowding through new or expanded felony prosecutions.
This bill does not appear to aggravate the prison overcrowding
crisis described above.
COMMENTS
1. Stated Need for This Bill
The author states:
AB 526 and SB 1700 (Hayden) Senate Bills 526 and 1700
(Hayden) of the 1997 and 1998 Legislative Sessions,
required the then California Youth Authority to
. . . purchase a number of laser tattoo removal
machines and work in collaboration with community
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partners to operate the tattoo removal program.
Despite the program's success and community demand for
the program, due to the state experiencing a fiscal
crisis, funding was pulled and most devices were
donated to local partners. Although tattoo removal
programs exist sporadically throughout California, a
number of entities have disbanded the program, while
others have scaled back their programs and would
benefit from additional resources in order to serve
more individuals.
2. What This Bill Would Do
This bill would establish a tattoo removal program in CalEMA to
the extent funds are available for individuals between 14 and 24
years of age in the custody of CDCR or county probation, who are
on parole or probation, or who are in a community-based
organization serving at-risk youth.
3. CDCR - Division of Juvenile Facilities (formerly CYA)
CDCR indicates that its juvenile facilities offer tattoo removal
for youth housed in DJJ as follows:
The Northern California Youth Correctional Center
(complex) which includes Chad and O.H. Close located
in Stockton has a machine. A contract doctor comes to
the facility. The complex also covers the youth at
Preston in Ione and the Pine Grove Youth Conservation
Camp;
The Southern Youth Correctional Reception Center
and Clinic located in Norwalk has a volunteer group
that comes in and performs this service - this
facility does not have a machine;
The Ventura Youth Correctional Facility located in
Camarillo has a machine and has an in-house physician
and nurse practitioner that performs this service;
DJJ Parole helps facilitate this service for DJJ
parolees through community providers.
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The CDCR website contains the following statement concerning the
DJJ tattoo removal project which in April of 2003 donated its
machines to agencies that had been performing tattoo removal
under the program:
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Earlier this year, the CYA formally transferred
ownership of the laser tattoo removal machines to five
community programs that have been using them since the
machines were installed in 1998. A sixth machine was
placed at El Paso de Robles Youth Correctional
Facility. The machines were put into place by CYA, in
accordance with Senate Bill 526 (Hayden) in 1997 and
Senate Bill 1700 (Hayden).
Since that time, thousands of tattoos have been
removed from individuals, including CYA parolees, who
wanted to sever gang ties and/or enhance their
employment and educational opportunities.
Although CYA no longer owns the machines, the CYA will
continue to make referrals as necessary. Recipient
agencies of these machines include the
Hollywood/Sunset Free Clinic; Orange County Probation
Department; Family Health Centers of San Diego;
Alameda County Public Health Department and the
Dominican Hospital of Santa Cruz.
Kelly Perdue, Parole Agent II and Delinquency
Prevention Specialist noted that since 1998, some
2,676 tattoos have been completely removed from
clients, many of whom came from, or were referred by,
CYA institutions and parole offices. Considering
tattoo removal can often require a dozen or more
visits to the laser tattoo removal equipment, these
machines were used frequently.
The CYA was recognized by the Hollywood/Sunset Free
Clinic Board of Directors May 1, 2003, and received a
community service award for its generous service to
Los Angeles County. Perdue accepted the award on
behalf of the CYA.
The continuum of care is so important, especially with
these kids, Perdue said, recalling his comments to the
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attendees at the awards event. These kids are
targeted by these tattoos, when others can see them on
their necks and hands. Potential employers recognize
it as problematic for them as well ... they just don't
want problems.
Theresa Padua, Executive Director for the Hollywood
Free Clinic, noted that access to that machine in her
community has allowed many former gang members to
transition to professional jobs without ink that
betrays a gang related past.
I could not possibly put it into words, it has been so
invaluable, Padua said. We have given thousands of
treatments, and the clients are so grateful that they
are able to start new lives.<1>
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<1> http://www.cdcr.ca.gov/News/TatMachines.html.