California Assembly Bill AB633 Amended / Bill

 BILL NUMBER: AB 633AMENDED BILL TEXT AMENDED IN SENATE AUGUST 2, 2010 AMENDED IN SENATE MAY 20, 2010 AMENDED IN ASSEMBLY JANUARY 4, 2010 INTRODUCED BY Assembly Member Ammiano FEBRUARY 25, 2009 An act to amend Section 2636 of the Penal Code, relating to the Department of Corrections and Rehabilitation. LEGISLATIVE COUNSEL'S DIGEST AB 633, as amended, 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 and housing inmates. This bill  would instead require the department to classify inmates and wards in order to prevent violence and  would revise the risk factors, as specified, for assessing inmates or wards for risk of  sexual  victimization or risk of being  sexually  abusive, providing different factors based on whether the inmate or ward is being assessed for risk of  sexual  victimization or of  sexual  abusive behavior, and based on whether the inmate or ward is in a facility for male or female inmates. The bill would also provide directions to the department related to those risk factors and the placement of inmates and wards. The bill would prohibit the department from requiring an inmate or ward to disclose or report his or her sexual orientation or gender identity and from disciplining or punishing an inmate or ward for failing to disclose or report his or her sexual orientation or gender identity, as provided. The bill would prohibit the above provisions from being construed to require or justify expansion or construction of department facilities. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares that the National Prison Rape Elimination Commission has reported that inmates and wards of correctional facilities are at a heightened risk of sexual violence and abuse based on certain risk factors, including having a mental or physical disability, being young, having a slight physical build, having a sexual orientation other than heterosexual, being gender nonconforming, for example, having transgender identity or an intersex condition, not having served a prior term of commitment, having a nonviolent history, having a history of sexual victimization, or having a prior conviction for a sexual offense. (b) It is the intent of the Legislature in enacting this act to ensure that the Department of Corrections and Rehabilitation recognizes that wards or inmates may be at increased risk based on these factors, and provides vulnerable inmates or wards who are 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: (a) The department's 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  abusive toward others. Relevant considerations include: (1) For assessing inmates or wards in men's or boys' facilities or units for risk of  sexual  victimization: mental or physical disability, mental illness, young age, slight physical build, first incarceration in prison  or jail , nonviolent offense history, prior convictions for sex offenses  against an adult or child, sexual orientation of gay or bisexual, gender nonconformance, for example, transgender identity or intersex condition, prior sexual   ,   prior  victimization, and the inmate's or ward's  own perception of vulnerability.   stated safety concerns and stated sexual orientation and gender nonconformance.  (2) For assessing inmates or wards in men's or boys' facilities or units for risk of being  sexually  abusive: prior acts of  sexual  abuse and prior convictions for violent offenses. (3) For assessing inmates or wards in women's or girls' facilities or units for risk of  sexual  victimization: mental or physical disability, mental illness, prior  sexual  victimization, and the inmate's or ward's  own perception of vulnerability   stated safety concerns  . (4) For assessing inmates or wards in women's or girls' facilities or units for risk of being  sexually  abusive: prior acts of  sexual  abuse. (b) The department shall ensure that staff members intervene when an inmate or ward appears to be the target of  sexual  harassment or intimidation. (c) The department 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 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) In accordance with the department's classification scoring system, the risk factors listed in subdivision (a) shall be considered with the goal of keeping separate those inmates and wards at high risk of being  sexually  victimized from those at high risk of being  sexually  abusive. Inmates and wards at high risk for  sexual  victimization may be placed in segregated housing only as a last resort and then only until an alternative means of separation from likely  sexual  abusers can be arranged. The department shall make reasonable efforts to ensure that risk of  sexual  victimization based on the risk factors listed in subdivision (a) does not limit access to classification, housing, programs, education, and work opportunities, unless it is clinically indicated. Lesbian, gay, bisexual, transgender, or other gender-nonconforming inmates or wards shall not be placed in particular facilities, units, or wings solely on the basis of sexual orientation, genital status, or gender identity. (f) Nothing in this section shall be construed to require or justify expansion or construction of department facilities.