BILL NUMBER: SJR 12	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN SENATE  JUNE 30, 2009
	AMENDED IN SENATE  JUNE 22, 2009

INTRODUCED BY   Senators Benoit, Aanestad, Ashburn, Cogdill, Cox,
Dutton, Harman, Hollingsworth, Huff, Maldonado, Runner, Strickland,
Walters, and Wyland
   (Coauthor: Senator Ducheny)
   (Coauthors: Assembly Members Blumenfield, Conway, Cook, Gaines,
Jeffries, Knight, Niello, and Silva)

                        JUNE 1, 2009

   Relative to  criminal aliens   undocumented
criminals  .



	LEGISLATIVE COUNSEL'S DIGEST


   SJR 12, as amended, Benoit.  Criminal aliens. 
 Undocumented criminals. 
   This measure would urge Congress and the President to restore
funding for the State Criminal Alien Assistance Program.
   Fiscal committee: no.



   WHEREAS, The federal government has a legal and moral obligation
to keep our borders secure and, if it does not, it should pay the
state the full cost of incarcerating undocumented  criminal
aliens   criminals  ; and
   WHEREAS, Federal law states that when a chief executive officer of
a state submits a written request to the United States Attorney
General for reimbursement the Attorney General will either enter into
a contractual arrangement that provides for compensation to the
state to incarcerate the undocumented  criminal alien
  criminals  or take the undocumented 
criminal alien   criminals  into the custody of the
federal government (8 U.S.C. Sec. 1231); and
   WHEREAS, The State Criminal Alien Assistance Program was created
in 1994 for the purpose of reimbursing states for the costs of
incarcerating undocumented  criminal aliens  
criminals  ; and
   WHEREAS, Federal law provides that the State Criminal Alien
Assistance Program provide federal payments to states and localities
that incur costs for incarcerating undocumented  criminal
aliens   criminals  ; and
   WHEREAS, Twelve percent of California's current prison population
is composed of undocumented  criminal aliens  
criminals  , with each inmate costing the state $48,536 each
year; and
   WHEREAS, In fiscal year 2008-09, it cost the State of California
over $970 million to house these undocumented  criminal
aliens   criminals  ; and
   WHEREAS, In fiscal year 2008-09 the State of California was
reimbursed only $111 million from the State Criminal Alien Assistance
Program, making up only 11 percent of the total cost to house these
undocumented  criminal aliens   criminals 
; and
   WHEREAS, The President of United States recently announced his
intention to eliminate funding for the State Criminal Alien
Assistance Program in fiscal year 2010; now, therefore, be it
   Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature respectfully urges Congress
and the President to restore funding for the State Criminal Alien
Assistance Program; and be it further
   Resolved, That the Legislature urges Congress and the President to
adequately fund the State Criminal Alien Assistance Program to fully
reimburse states for the full cost of incarcerating undocumented
 criminal aliens   criminals  ; and be it
further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the President and Vice President of the United States,
to the Speaker of the House of Representatives, to the Majority
Leader of the Senate, and to each Senator and Representative from
California in the Congress of the United States.