BILL NUMBER: AB 39	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 7, 2008

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 amended, Benoit. Undocumented criminal aliens: costs of
incarceration  : collection of data  .
   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.  The bill would require the Attorney General to utilize
all available legal resources to obtain   reimbursement if
the federal government fails to make payment. 
   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.   Department of Justice to collect
data on the total number of and percentage of undocumented alien
inmates in all state and local correctional institutions  
in the state   and to publish the data on its Internet Web-
  site. The data would be required to be annually update
  d   and published  .
   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. 
    5028.5.   (a) (1) The Secretary of the Department of
Corrections and Rehabilitation shall annually bill the federal
government, in writing, for the full cost of incarcerating any
undocumented criminal alien incarcerated within California's
correctional system.
   (2) In the event the federal government does not make the payment
demanded in paragraph (1), the Attorney General shall utilize all
available legal resources to obtain compliance with payment of the
written bill.
   (b) The Department of Justice shall collect data on the total
number of and percentage of undocumented alien inmates in all state
and local correctional institutions in the state and publish this
data on the Internet Web site of the department. This data shall be
initially collected and published on or before July 1, 2009, and
thereafter updated and published annually on or before July 1 of each
year.