BILL NUMBER: SB 1608	CHAPTERED  09/30/04

	CHAPTER  924
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE SENATE  AUGUST 26, 2004
	PASSED THE ASSEMBLY  AUGUST 24, 2004
	AMENDED IN ASSEMBLY  AUGUST 23, 2004
	AMENDED IN ASSEMBLY  AUGUST 9, 2004
	AMENDED IN SENATE  MAY 24, 2004
	AMENDED IN SENATE  MARCH 30, 2004

INTRODUCED BY   Senator Karnette
   (Coauthors:  Senators Romero and Vasconcellos)

                        FEBRUARY 20, 2004

   An act to amend Sections 2912 and 5028 of the Penal Code, relating
to corrections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1608, Karnette.  Corrections:  prisoners:  foreign nationals.
   Existing law requires that upon entry of any person who is an
undocumented alien subject to deportation into a facility operated by
the Department of Corrections, and at least every year thereafter,
the Director of Corrections inform the person of his or her right to
be transferred to his or her country of origin to serve the remainder
of his or her prison term.
   This bill would delete the annual notification requirement, would
expand these provisions to include all foreign nationals, and would
provide the person the option to serve the remainder of his or her
term in his or her current or former nation of citizenship.  The bill
would also impose additional notification requirements, upon the
request of a foreign consulate, as specified, on the director,
including notifying consulates or embassies pursuant to the 1963
Vienna Convention on Consular Relations Treaty of the names and
locations of all inmates in the department's custody that have
self-identified that nation as his or her place of birth.
   This bill would make other technical conforming changes.


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


  SECTION 1.  Section 2912 of the Penal Code is amended to read:
   2912.  (a) Under its Foreign Prisoner Transfer Program, the Board
of Prison Terms shall devise a method of notifying each foreign born
inmate in a prison or reception center operated by the Department of
Corrections that he or she may be eligible to serve his or her term
of imprisonment in his or her nation of citizenship as provided in
federal treaties.
   (b) (1) The Board of Prison Terms shall actively encourage each
eligible  foreign born inmate to apply for return to his or her
nation of citizenship as provided in federal treaties and shall
provide quarterly reports outlining its efforts under this section to
the Chairperson of the Joint Legislative Budget Committee and the
chairperson of each fiscal committee of the Legislature.
   (2) The Board of Prison Terms shall adopt the model program
developed by the State of Texas for encouraging participation in the
federal repatriation program where appropriate.
  SEC. 2.  Section 5028 of the Penal Code is amended to read:
   5028.  (a) Upon the entry of any person who is currently or was
previously a foreign national into a facility operated by the
Department of Corrections, the Director of Corrections shall inform
the person that he or she may apply to be transferred to serve the
remainder of his or her prison term in his or her current or former
nation of citizenship.  The director shall inform the person that he
or she may contact his or her consulate and shall ensure that if
notification is requested by the inmate, that the  inmate's nearest
consulate or embassy is notified without delay of his or her
incarceration.
   (b) Upon the request of a foreign consulate representing a nation
that requires mandatory notification under Article 36 of the Vienna
Convention on Consular Relations Treaty listed in subdivision (d) of
Section 834c, the Department of Corrections shall provide the foreign
consulate with a list of the names and locations of all inmates in
its custody that have self-identified that nation as his or her place
of birth.
   (c) The Department of Corrections shall implement and maintain
procedures to process applications for the transfer of prisoners to
their current or former nations of citizenship under subdivision (a)
and shall forward all applications to the Governor or his or her
designee for appropriate action.