BILL NUMBER: AB 1208	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

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 amended, 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   their nations  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.  An inmate agreeing to the waiver
would also be required to promise not to enter the state illegally.
Violation of this promise would be punishable by imprisonment in the
state prison for 10 years.  
   By creating a new crime, this bill would impose a state-mandated
local program. 
   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 
 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. 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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   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.   (a)    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. 
   (b)  Every inmate agreeing to the waiver provided in subdivision
(a) shall also sign a written statement promising not to enter the
state illegally. Entering the state in violation of this promise is a
felony punishable by imprisonment in the state prison for 10 years.

   SEC. 2.   No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.