BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1956 (Portantino) - Juvenile offenders: tattoo removal.
Amended: June 26, 2012 Policy Vote: Public Safety 7-0
Urgency: No Mandate: No
Hearing Date: August 6, 2012
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1956 would expand the California Voluntary
Tattoo Removal Program to serve individuals between 14 and 24
years of age who were tattooed for identification in human
trafficking or prostitution, as specified.
Fiscal Impact:
Potential increase in federal grant funding to the extent the
U.S. Department of Justice grants additional federal funds for
the expansion of tattoo removal to individuals tattooed for
identification in human trafficking or prostitution. To the
extent no additional grant funds are provided above the
existing $250,000 grant but eligibility is expanded to the new
population, there could be a decrease in the number of
gang-related tattoo removals.
Minor ongoing costs of $25,000 (General Fund) to the Board of
State and Community Corrections (BSCC) for administration of
existing and prospective federal grant funding to the expanded
population served under the California Voluntary Tattoo
Removal Program.
Background: Existing law establishes the California Voluntary
Tattoo Removal Program, effective until January 1, 2017, which
serves 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, through a competitive grant process.
Grant funds appropriated for the program are limited to federal
funds. Additionally, grantees are required to serve individuals
who have gang-related tattoos that are visible in a professional
environment and who meet any of the following specified
criteria: 1) are actively pursuing secondary or postsecondary
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education, 2) are seeking employment or participating in a
workforce training program, 3) are scheduled for an upcoming job
interview or job placement, or, 4) are participating in a
community or public service activity.
Under existing law, the Division of Juvenile Facilities of the
CDCR was required to purchase two medical laser devices for the
removal of tattoos, as specified, from eligible participants who
are at-risk youth, ex-offenders, and current or former gang
members, as specified.
Proposed Law: This bill would expand the California Tattoo
Removal Program to serve individuals between 14 and 24 years of
age who were tattooed for identification in human trafficking or
prostitution.
The bill would also express the intent of the Legislature to
encourage the BSCC to extend, if available, federal Edward Byrne
Memorial Justice Assistance Grant (JAG) funding authorized prior
to the enactment of this measure for tattoo removal programs
serving individuals from 14 and 24 years of age, inclusive, who
were tattooed for identification in trafficking or prostitution.
Related Legislation: AB 1122 (J. Perez) Chapter 661/2011
established the California Voluntary Tattoo Removal Program,
designed to serve individuals between 14 and 24 years of age,
through a competitive federal grant process, as specified.
SB 1021 (Committee on Budget) Chapter 41/2012 the Public Safety
budget trailer bill, among other things, shifted administration
of the California Voluntary Tattoo Removal Program from the
CalEMA to the BSCC.
Staff Comments: The California Voluntary Tattoo Removal Program
was previously administered by the California Emergency
Management Agency (CalEMA) until the BSCC assumed responsibility
for administration of the program on July 1, 2012, pursuant to
SB 1021 (Committee on Budget and Fiscal Review) Chapter 41/2012.
The CalEMA received $250,000 in federal Byrne JAG funds in
2011-12 for the program, and two community-based organizations
received a total of $228,000 in Byrne JAG funds for tattoo
removal of 620 tattoos from 100 individuals.
Under existing federal Byrne JAG fund parameters and guidelines,
trafficking victims are not eligible for tattoo removal. As a
result, in order for federal funds to be utilized for the
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expanded population proposed in this bill, the federal
government would be required to expand program eligibility. To
the extent BSCC efforts to secure expanded eligibility for
tattoo removal for those tattooed for identification in human
trafficking or prostitution are successful in increasing federal
grant funding, the state and community-based organizations could
receive increased federal grant funds. Should program
eligibility be expanded but federal grant funding remain
unchanged, there could be a possibility that fewer current and
former gang members would be served under the program to
accommodate the population of tattooed trafficking and
prostitution victims.
The BSCC would incur additional workload associated with the
provisions of this bill. In light of the many responsibilities
recently assumed by the BSCC as of July 1, 2012, the potential
workload involved to work with the U.S. DOJ to expand program
eligibility to this new population and apply and secure
additional and/or alternative federal grant funding would likely
not be absorbable. Estimated costs would be approximately
$25,000 (General Fund) for administration of the existing and
prospective federal grant funding to the expanded population
served under the California Voluntary Tattoo Removal Program.
Recommended Amendments: In order to avoid overriding the changes
made pursuant to the recently enacted Public Safety budget
trailer bill, staff recommends amending the bill to reflect the
proposed changes to WIC section 1916 as amended by Chapter
41/2012.