BILL NUMBER: AB 39	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Benoit, Blakeslee, Cook, Emmerson,
Garcia, Houston, Jeffries, La Malfa, Maze, Sharon Runner, Villines,
and Walters

                        DECEMBER 4, 2006

   An act to add Section 5028.5 to the Penal Code, relating to
undocumented criminal aliens.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 39, as introduced, Benoit. Undocumented criminal aliens: costs
of incarceration.
   Existing federal law requires the federal government to compensate
a state for the costs of incarcerating undocumented criminal illegal
aliens, or to take the undocumented criminal alien into federal
custody, as specified.
   This bill would require the Secretary of the Department of
Corrections and Rehabilitation to demand in writing that the United
States Attorney General take federal custody of any undocumented
criminal alien incarcerated in California's correctional system and,
if the federal government does not comply with the demand, then the
secretary shall annually bill the federal government for the costs of
incarcerating undocumented criminal aliens.
   This bill would also require the California Attorney General to
utilize all available legal resources to obtain reimbursement from
the federal government or have the federal government take the
incarcerated undocumented criminal aliens into federal custody if the
state is not reimbursed or the undocumented criminal aliens are not
taken into federal custody after the demand or bill is presented.
   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.  Section 5028.5 is added to the Penal Code, to read:
   5028.5.  (a) The Secretary of the Department of Corrections and
Rehabilitation shall demand, in writing, that the United States
Attorney General take into federal custody any undocumented criminal
alien incarcerated within California's correctional system.
   (b) In the event the federal government does not take any
undocumented criminal alien into federal custody after a demand is
made pursuant to subdivision (a), the secretary shall annually bill
the federal government, in writing, for the full cost of
incarcerating any undocumented criminal alien.
   (c) In the event that the federal government does not make the
payment demanded in subdivision (b), and the federal government does
not take an incarcerated undocumented criminal alien into the custody
of the federal government and incarcerate the alien, then the
California Attorney General shall utilize all available legal
resources to obtain compliance with the written bill and demand
contained in this section.