BILL NUMBER: SB 125	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2009

INTRODUCED BY   Senator Benoit
    (   Coauthors:   Senators   Cox,
  Harman,   Huff,   and Runner  
) 
    (   Coauthors:   Assembly Members 
 Tom Berryhill,   DeVore,   Galgiani, 
 Harkey,   Jeffries,   Knight,  
Logue,   Niello,   Silva,   and Smyth
  ) 

                        FEBRUARY 4, 2009

   An act to add Section 5028.5 to the Penal Code, relating to
undocumented criminal aliens.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 125, 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 annually bill the federal
government for the costs of incarcerating undocumented criminal
aliens  within California's correctional system  . The bill
would require the Attorney General to utilize all available legal
resources to obtain  reimbursement   compliance
with payment of the written bill  if the federal government
fails to make payment.
   This bill would also require the 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 updated 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) (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 that   If  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, 2011, and
thereafter updated and published annually on or before July 1 of each
year.