BILL ANALYSIS �
AJR 17
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ASSEMBLY THIRD READING
AJR 17 (Solorio)
As Amended August 30, 2011
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Hill, Mitchell, | | |
| |Skinner | | |
| | | | |
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SUMMARY : Urges Congress and the President of the United States
to increase funding for various law enforcement and crime
prevention programs and to fully reimburse states for the cost
of incarcerating undocumented criminals. Specifically, this
resolution :
1)Declares all of the following:
a) The Federal Government provides leadership and services
in funding administration and criminal justice policy
developments to support the State of California to achieve
safer communities;
b) The United States Department of Justice, through the
federal Bureau of Justice Assistance (BJA), which is a
component of the Office of Justice Programs, administers
various law enforcement program initiatives;
c) BJA provides support for law enforcement, courts,
corrections, treatment, victim services, technology, and
prevention initiatives that strengthen the nation's
criminal justice system;
d) Most of the responsibility for crime control and
prevention falls to law enforcement officers in states,
cities, and neighborhoods and the Federal Government can be
effective in these areas only to the extent that it can
enter into partnerships with these officers in the State of
California;
e) Various law enforcement program initiatives such as the
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federal Bulletproof Vest Partnership Program, the Southwest
Border Prosecution Initiative, and the State Criminal Alien
Assistance Program (SCAAP) are carried out in partnership
with local law enforcement officers;
f) The State of California recognizes that these programs
have resulted in major innovations in crime prevention,
including drug courts, gang prevention strategies, and
prisoner reentry programs;
g) SCAAP was created in 1994 for the purpose of reimbursing
states for the costs of incarcerating undocumented
criminals;
h) Federal law provides that SCAAP provide federal payments
to states and localities that incur costs for incarcerating
undocumented criminals:
i) There are almost 17,000 self-reported illegal
immigrants in the California prison system;
ii) In the 2009-10 fiscal year, the cost per
incarcerated individual in California was $52,363 each
year;
iii) In the 2009-10 fiscal year, it cost the State of
California over $885 million to house these undocumented
criminals; and,
iv) In the 2009-10 fiscal year, the State of California
was reimbursed from SCAAP in an amount equal to only
$0.11 for every $1 spent to house undocumented criminals.
i) Budget cuts for public funding for law enforcement
programs at both the national and state level may have a
devastating effect on the viability of crime prevention
programs; and,
j) At a time when adverse economic conditions may lead to
increased crime, it is important that the Federal
Government increase funding to support law enforcement
officers who risk their lives daily to keep Americans safe.
2)Urges Congress and the President to ensure that California
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receives reimbursement for every dollar spent to incarcerate
illegal immigrants within the California prison system.
3)Requires the Speaker of the Assembly to 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.
EXISTING LAW :
1)Defines the term "alien" as "any person not a citizen or
national of the United States."
2)Specifies that the Attorney General (AG) may not remove an
alien who is sentenced to imprisonment until the alien is
released from imprisonment. Directs that parole, supervised
release, probation, or the possibility of arrest or further
imprisonment is not a reason to defer removal.
3)States that no cause or claim may be asserted under 8 U.S.C.
Section 1231(a)(4) against an official of the United States or
of a state to compel the release, removal, or consideration
for release or removal of an alien.
4)States that for purposes of this subsection, "undocumented
criminal alien" is defined as an alien who:
a) Has been convicted of a felony or two or more
misdemeanors:
i) Entered the United States without inspection at any
time or place other than as designated by the AG;
ii) Was the subject of exclusion or deportation
proceedings at the time he or she was taken into custody
by the state; or,
iii) Was admitted as a nonimmigrant and, at the time he
or she was taken into custody by the state, has failed to
maintain the nonimmigrant status in which the alien was
admitted, or to which it was changed, as specified, or to
comply with the conditions of such a status.
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5)Declares that if the chief executive officer of a state, or a
political subdivision of the state, exercising authority with
respect to the incarceration of an undocumented criminal
alien, submits a written request to the AG, the AG shall, as
determined by the AG:
a) Enter into a contractual arrangement that provides for
compensation to the state or political subdivision with
respect to incarceration of the undocumented criminal
alien; or,
b) Take the undocumented criminal alien into the custody of
the Federal Government and incarcerate the alien.
6)Directs that the compensation to be provided, as specified,
shall be the average cost of the incarceration of a prisoner
in the relevant state, as determined by the AG.
7)Provides for the arrest and detention of an alien pending a
decision on whether the alien is to be removed from the United
States.
8)States that the AG shall take into custody specified
inadmissible and deportable aliens who have committed
specified crimes, when the alien is released, without regard
to whether the alien is released on parole, supervised release
or probation, and without regard to whether the alien may be
arrested or imprisoned again for the same offense.
9)Allows the AG to release criminal aliens from custody only
under specific circumstances, and states that a decision to
release such an alien shall take place in accordance with a
procedure that considers the severity of the offense committed
by the alien.
10)Declares that the AG's discretionary judgment regarding
custody of criminal aliens shall not be subject to review.
Provides that no court may set aside an action or decision by
the AG regarding the detention or release of an alien or the
grant, revocation, or denial of bond or parole.
11)Creates an exception for removal of nonviolent offenders
prior to completion of a sentence of imprisonment if, in the
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case of an alien in the custody of a state or political
subdivision of a state, the chief state official exercising
authority with respect to the incarceration of the alien
determines that the alien is confined for a non-violent
offense (with specified exceptions), that the removal is in
the best interest of the state, and submits a written request
to the AG that such alien be removed.
12) Provides that an alien who has been denied admission to
the United States, excluded, deported or removed, or who
has departed the United States while an order of exclusion,
deportation or removal is outstanding, and thereafter
enters or attempts to enter the United States, or except as
specified, is found in the United States, shall be fined,
imprisoned for not more than two years or both.
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal
by the Legislative Counsel.
COMMENTS : According to the author, this resolution "AJR 17 is a
simple resolution that asks Congress and the President to
increase funding for law enforcement and crime prevention
programs. The Bureau of Justice Assistance, within the United
States Department of Justice, administers various law
enforcement initiatives that are carried out in partnership with
our local law enforcement officers. California engages in a
number of federal public safety programs, such as the
Bulletproof Vest Partnership Program, the Prescription Drug
Monitoring Program, and the Project Safe Neighborhood Program.
This bill calls on the Federal Government to increase funding
for these important crime prevention programs and to support law
enforcement officers throughout the state. AJR 17 recognizes
that continued support for these law enforcement programs will
help fund a broad range of activities that prevent and control
crime, based on our state's own needs and priorities."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0002770
AJR 17
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