BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1956|
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THIRD READING
Bill No: AB 1956
Author: Portantino (D), et al.
Amended: 8/8/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/19/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/6/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 73-0, 5/10/12 - See last page for vote
SUBJECT : Juvenile offenders: tattoo removal
SOURCE : Author
DIGEST : This bill expands, until January 1, 2017, the
California Voluntary Tattoo Removal Program to serve
individuals, between 14 and 24, who were tattooed for
identification in human trafficking or prostitution, as
specified.
ANALYSIS : Current statute requires the Division of
Juvenile Facilities (Department) (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.
CONTINUED
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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) 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, ex-offenders, ex-convicts, or
current and former gang members.
2. Possess an established record of providing
community-based services for at least one year, as
specified. (Id.)
Existing 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.)
Existing 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.)
Existing 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 expands these provisions to include community
groups which serve victims of trafficking and prostitution,
and to include within these provisions individuals with
tattoos received for identification in trafficking and
prostitution, as specified.
This bill also includes legislative intent language stating
that it is the intent of the Legislature to encourage the
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Board of State and Community corrections to extend, if
available, federal Edward Byrne Memorial Justice Assistance
Grant funding authorized prior to the enactment of this
bill for tattoo removal programs under Sections 1915 and
1916 of the Welfare and Institutions Code include programs
serving individuals from 14 to 24 years of age, inclusive,
who were tattooed for identification in trafficking or
prostitution.
The provisions of this bill sunset on January 1, 2017.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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.
SUPPORT : (Verified 8/8/12)
California Attorneys for Criminal Justice
California Catholic Conference
California Correctional Peace Officers Association
California Probation, Parole and Correctional Association
California Public Defenders Association
California State PTA
California State Sheriffs' Association
Chief Probation Officers of California
Coalition to Abolish Slavery & Trafficking
Crime Victims Action Alliance
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Crime Victims United of California
Homeboy Industries
Junior Leagues of California
Los Angeles County District Attorney's Office
National Association of Social Workers, California Chapter
Peace Officers Research Association of California
Polaris Project
ARGUMENTS IN SUPPORT : The author states, "Section 1915
and 1916 (of the Welfare and Institutions Code) limits the
voluntary tattoo removal program to ex-gang members. This
bill will allow individuals who were tattooed for the
purpose of trafficking or prostitution to be eligible for
free tattoo removal."
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
RJG:d 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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