BILL NUMBER: AB 2422	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2008

INTRODUCED BY   Assembly Member Huff
    (   Coauthors:   Assembly Members 
 DeVore,   Garrick,   Maze,   and
Silva   ) 

                        FEBRUARY 21, 2008

   An act to amend Section 5025 to the Penal Code, relating to
corrections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2422, as amended, Huff. Corrections: undocumented felons.
   Existing law specifies that  the  Department of
Corrections and Rehabilitation shall implement and maintain
procedures to identify, within 90 days of assuming custody, inmates
serving terms in state prison who are undocumented felons subject to
deportation. Existing law requires the department to report specified
information concerning these inmates annually to the Legislature.
   This bill would require the department to implement and maintain
procedures to identify inmates serving terms in state prison or wards
of the Division of Juvenile Facilities who are undocumented felons
subject to deportation. The bill would further require the department
to refer to United States Immigration and Customs Enforcement the
name and location of any inmate or ward who  has committed a
violent felony or a gang-related felony, as specified, and who 
may be an undocumented alien and may be subject to deportation.
   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 5025 of the Penal Code, as amended by Section 5
of Chapter 565 of the Statutes of 1994, is amended to read:
   5025.  (a) The Department of Corrections and Rehabilitation shall
implement and maintain procedures to identify inmates serving terms
in state prison or wards of the Division of Juvenile Facilities who
are undocumented aliens subject to deportation. This identification
procedure shall be completed, as to each inmate, within 90 days of
the Department of Corrections having taken custody of the inmate or
ward. The Department of Corrections and Rehabilitation shall refer to
United States Immigration and Customs Enforcement the name and
location of any inmate or ward who  has committed a violent
felony, as described in subdivision (c) of Section 667.5, or a
gang-related felony, as described in Section 186.22, and who 
may be an undocumented alien and who may be subject to deportation.
   (b) The procedures implemented by the department, pursuant to
subdivision (a), shall include, but not be limited to, the following
criteria for determining the country of citizenship of any person
serving a term in state prison:
   (1) Country of citizenship.
   (2) Place of birth.
   (3) Inmate's statements.
   (4) Prior parole records.
   (5) Prior arrest records.
   (6) Probation Officer's Report (POR).
   (7) Information from the Department of Justice's Criminal
Identification and Information Unit.
   (8) Other legal documents.
   (c) The Department of Corrections shall report annually to the
Legislature the number of persons identified as undocumented aliens
pursuant to subdivision (a). The reports shall contain the number of
persons referred, the race, national origin, and national ancestry of
persons referred, the offense or offenses for which the person was
committed to state prison or the Division of Juvenile Justice
Facilities, and the disposition of the referral, if known.