BILL NUMBER: AB 1208	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 27, 2009

   An act to add Section 2912.5 to the Penal Code, relating to alien
inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1208, as introduced, Logue. Illegal alien inmates.
   Existing law requires the Board of Parole Hearings to encourage
eligible foreign born inmates to apply for return to his or her
nation of citizenship as provided in federal treaties.
   This bill would provide that except as otherwise provided by law,
if a nonviolent, illegal alien inmate agrees to waive his or her
right to appeal his or her conviction and agrees not to contest a
final order of removal, the inmate may qualify for immediate
deportation, provided however, that any waiver expressly provides
that the inmate agrees to be subject to the jurisdiction of the
Department of Corrections and Rehabilitation and that if the inmate
returns to California without authorization, the inmate shall be
subject to incarceration for the remainder of any sentence previously
imposed.
   The bill would also express the intent of the Legislature that the
Department of Corrections and Rehabilitation enter into a
cooperative agreement with federal Immigration and Customs
Enforcement (ICE) to create the California - ICE Partnership for
Rapid REPAT, where "REPAT" is the Rapid Removal of Eligible Parolees
Accepted for Transfer. The bill would express the further intent of
the Legislature that the department work with ICE to obtain inmate
citizenship records, identify illegal aliens in the prison system,
and expedite deportation of all illegal alien inmates convicted of
nonviolent offenses.
   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.  It is the intent of the Legislature that the Department
of Corrections and Rehabilitation enter into a cooperative agreement
with federal Immigration and Customs Enforcement (ICE) to create the
California - ICE Partnership for Rapid REPAT, where "REPAT" is the
Rapid Removal of Eligible Parolees Accepted for Transfer. It is also
the intent of the Legislature that the department work with ICE to
obtain inmate citizenship records, identify illegal aliens in the
prison system, and expedite deportation of all illegal alien inmates
convicted of nonviolent offenses.
  SEC. 2.  Section 2912.5 is added to the Penal Code, to read:
   2912.5.  Except as otherwise provided by law, if a nonviolent,
illegal alien inmate agrees to waive his or her right to appeal his
or her conviction and agrees not to contest a final order of removal,
the inmate may qualify for immediate deportation, provided however,
that any waiver expressly provides that the inmate agrees to be
subject to the jurisdiction of the Department of Corrections and
Rehabilitation and that if the inmate returns to California without
authorization, the inmate shall be subject to incarceration for the
remainder of any sentence previously imposed.