BILL ANALYSIS �
AB 1956
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1956 (Portantino and Halderman)
As Amended August 8, 2012
Majority vote
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|ASSEMBLY: |73-0 |(May 10, 2012) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Expands 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 and are in the custody of the California 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.
The Senate amendments :
1)Clarify the intent of the Legislature to encourage the Board
of State and Community Corrections to extend previously
authorized federal funding only if the funding is available.
2)Make technical changes to reflect amendments to existing law
enacted by the 2012-13 budget.
EXISTING LAW :
1)Required CDCR, Division of Juvenile Facilities (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.
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.
3)Provides that possible sites for the medical devices may
include: a licensed health facility, a licensed health
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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.
4)Requires candidates for tattoo removal to 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.
5)Established the California Voluntary Tattoo Removal Program,
which serves individuals, between 14 and 24 years of age, who
have gang related tattoos and are in the custody of CDCR or
county probation departments, who are on parole or probation,
or who are in a community-based organization serving at-risk
youth. To the extent that funds are appropriated for this
purpose, the California Emergency Management Agency (CalEMA)
may administer the program.
6)Mandates CalEMA to award grants under the California Voluntary
Tattoo Removal Program in a competitive manner and on a
geographically diverse basis, serving both northern and
southern California.
7)Limits funds appropriated for purposes of the California
Voluntary Tattoo Removal Program to federal funds.
8)Requires grantees of a California Voluntary Tattoo Removal
Program grant to serve individuals who have gang-related
tattoos that are visible in a professional environment and who
are recommended for the program by CDCR representatives,
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parole agents, county probation officers, community-based
organizations, or service providers.
9)Provides that individuals who have gang-related tattoos that
may be considered unprofessional and are visible in a
professional work environment who meet any of the following
criteria may be eligible for participation in the California
Voluntary Tattoo Removal Program:
a) Are actively pursuing secondary or postsecondary
education;
b) Are seeking employment or participating in workforce
training programs;
c) Are scheduled for an upcoming job interview or job
placement; and
d) Are participating in a community or public service
activity.
10)Limits the use of the California Voluntary Tattoo Removal
Program grant funding to the following:
a) The removal of gang-related tattoos;
b) Maintenance or repair of tattoo removal medical devices;
and
c) Contracting with licensed private providers to offer the
tattoo removal service.
11)Sets a sunset date of January 1, 2017, on the California
Voluntary Tattoo Removal Program.
AS PASSED BY THE ASSEMBLY , this bill expanded 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 and are in the custody of the
California 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.
FISCAL EFFECT : According to the Senate Appropriations
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Committee:
1)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.
2)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.
COMMENTS : According to the author, "Not only does this practice
have a permanent physical mark, but the long term psychological
effect of being marked as a pimp's property is lasting. The
physical and psychological abuse these individuals suffer should
not be a lifelong reminder for these people. Assisting these
victims with tattoo removal will help them gain employment and
break the psychological effect of the tattoo to successfully
leave the life of exploitation. This is a unique opportunity
for the legislature to help these individuals. According to CAL
EMA, this program is funded through a Justice Assistance Grant
that is set aside for gang and human trafficking costs and
programs."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004735