Bill Text: CA AB382 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Department of Corrections and Rehabilitation: inmates

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB382 Detail]

Download: California-2009-AB382-Enrolled.html

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BILL NUMBER: AB 382	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JUNE 25, 2009

INTRODUCED BY   Assembly Member Ammiano
   (Coauthor: Assembly Member Block)
   (Coauthor: Senator Romero)

                        FEBRUARY 23, 2009

   An act to amend Section 2636 of the Penal Code, relating to the
Department of Corrections and Rehabilitation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 382, Ammiano. Department of Corrections and Rehabilitation:
inmates and wards: classification.
   Existing law requires the Department of Corrections and
Rehabilitation to classify inmates and wards in order to prevent
inmate and ward sexual violence and to promote inmate and ward
safety, as specified. Existing law also requires the department to
consider specified risk factors when classifying the inmate.
   This bill would add the sexual orientation and gender identity of
the inmate or ward, as specified, to the list of risk factors to be
considered.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares that inmates and
wards of the Department of Corrections and Rehabilitation may be at
a heightened risk of sexual violence and abuse based on certain risk
factors, including being young, being lesbian, gay, bisexual, or
transgender, not having served a prior term of commitment, or having
a history of mental illness.
   (b) It is the intent of the Legislature in enacting this act to
ensure that the Department of Corrections and Rehabilitation (1)
recognizes that wards or inmates may be at increased risk based on
these factors, and (2) provides vulnerable inmates or wards who are
determined to be at risk with heightened protection in classification
and housing decisions, without automatically subjecting them to
highly restrictive or isolated settings or denying them access to
programs and services.
  SEC. 2.  Section 2636 of the Penal Code is amended to read:
   2636.  For the purposes of this section, all references to
classification of wards shall take effect upon the adoption of a
classification system for wards developed by the Department of
Corrections and Rehabilitation in compliance with Farrell v. Allen,
Alameda County Superior Court Case No. RG 03079344.
   The following practices shall be instituted to prevent sexual
violence and promote inmate and ward safety in the Department of
Corrections and Rehabilitation:
   (a) The Department of Corrections and Rehabilitation inmate
classification and housing assignment procedures shall take into
account risk factors that can lead to inmates and wards becoming the
target of sexual victimization or of being sexually aggressive toward
others. Relevant considerations include:
   (1) Age of the inmate or ward.
   (2) Self-reported safety concerns related to the sexual
orientation and gender identity of the inmate or ward.
   (3) Whether the offender is a violent or nonviolent offender.
   (4) Whether the inmate or ward has served a prior term of
commitment.
   (5) Whether the inmate or ward has a history of mental illness.
   (b) The Department of Corrections and Rehabilitation shall ensure
that staff members intervene when an inmate or ward appears to be the
target of sexual harassment or intimidation.
   (c) The Department of Corrections and Rehabilitation shall not
require any inmate or ward to disclose or report his or her sexual
orientation or gender identity at any time, and a disclosure or
report shall not be discredited solely because it was not provided at
an earlier point in time.
   (d) The Department of Corrections and Rehabilitation is prohibited
from disciplining or otherwise punishing an inmate or ward if the
inmate or ward fails to disclose or report his or her sexual
orientation or gender identity during all or part of his or her term
of commitment.
   (e) Nothing in this section shall be construed to require or
justify expansion or construction of Department of Corrections and
Rehabilitation facilities.