BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1122|
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THIRD READING
Bill No: AB 1122
Author: John A. Pérez (D)
Amended: 8/31/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/28/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
ASSEMBLY FLOOR : 78-0, 5/19/11(Consent) - See last page for
vote
SUBJECT : Tattoo removal
SOURCE : Author
DIGEST : This bill enacts, until January 1, 2017, the
California Voluntary Tattoo Removal Program in California
Emergency Management Agency, as specified, and provides
that it be funded with federal and private monies.
ANALYSIS : 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
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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 ÝWIC"] Section 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 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.)
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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
"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 establishes the "California Voluntary Tattoo
Removal Program," with the following features:
1. To the extent that funds are appropriated for this
purpose, the California Emergency Management Agency
(CalEMA) may administer the program.
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2. Requires 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 (CDCR) or county probation departments,
who are on parole or probation, or who are in a
community-based organization serving at-risk youth."
3. Requires CalEMA to "award grants in a competitive manner
and on a geographically diverse basis, serving both
northern and southern California."
4. The Division of Juvenile Facilities of the CDCR, county
probation departments, community-based organizations,
and relevant service providers may apply for the grants
authorized by its provisions.
5. Funds appropriated to implement this program shall be
limited to federal funds.
This bill requires 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 requires that grantees under this program "serve
individuals who have gang related tattoos that are visible
in a professional environment and who are recommended for
the program by CDCR representatives, parole agents, county
probation officers, community-based organizations, or
service providers."
This bill provides that qualified individuals "who have
gang-related 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.
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4. Are participating in a community or public service
activity.
This bill provides that use "of funding by grantees shall
be limited to," the following:
1. The removal of gang related tattoos.
2. Maintenance or repair of tattoo removal medical devices.
3. Contracting with licensed private providers to offer the
tattoo removal service.
This bill permits grantees to "also seek additional federal
or private funding to execute the provisions of this
section, and use those funds to supplement funding received
through the program."
The provisions of this bill sunset on January 1, 2017.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/31/11)
Advancement Project
California Attorneys for Criminal Justice
California Catholic Conference
California Coalition for Women Prisoners
California Public Defenders Association
Chief Probation Officers of California
Los Angeles County District Attorney
Office of the California Attorney General
ARGUMENTS IN SUPPORT : 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 partners to operate
the tattoo removal program.
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"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."
ASSEMBLY FLOOR : 78-0, 5/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Gorell
RJG:kc 8/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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