BILL ANALYSIS �
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THIRD READING
Bill No: AJR 17
Author: Solorio (D), et al.
Amended: As introduced
Vote: 21
ASSEMBLY FLOOR : Read and adopted, 9/6/11
SUBJECT : Law enforcement: federal funding
SOURCE : Author
DIGEST : This resolution urges the President of the
United States and Congress to increase funding for various
law enforcement and crime prevention programs and to fully
reimburse states for the cost of incarcerating undocumented
criminals.
ANALYSIS : 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
CONTINUED
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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:
Entered the United States without inspection at
any time or place other than as designated by the
AG;
Was the subject of exclusion or deportation
proceedings at the time he or she was taken into
custody by the state; or,
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.
1. 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.
1. 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
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determined by the AG.
2. Provides for the arrest and detention of an alien
pending a decision on whether the alien is to be
removed from the United States.
3. 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.
4. 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.
5. 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.
6. Creates an exception for removal of nonviolent
offenders prior to completion of a sentence of
imprisonment if, in the 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.
7. 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
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States, shall be fined, imprisoned for not more than
two years or both.
This resolution declares all of the following:
1.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;
2.The United States Department of Justice, through the
Federal Bureau of Justice Assistance, which is a
component of the Office of Justice Programs, administers
various law enforcement program initiatives;
3.The Federal Bureau of Justice Assistance provides support
for law enforcement, courts, corrections, treatment,
victim services, technology, and prevention initiatives
that strengthen the nation's criminal justice system;
4.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;
5.Various law enforcement program initiatives such as the
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;
6.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;
7.SCAAP was created in 1994 for the purpose of reimbursing
states for the costs of incarcerating undocumented
criminals;
8.Federal law provides that SCAAP provide federal payments
to states and localities that incur costs for
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incarcerating undocumented criminals:
There are almost 17,000 self-reported illegal
immigrants in the California prison system;
In the 2009-10 fiscal year, the cost per
incarcerated individual in California was $52,363
each year;
In the 2009-10 fiscal year, it cost the State
of California over $885 million to house these
undocumented criminals; and,
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.
1. 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,
2. 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.
This resolution urges Congress and the President to ensure
that California receives reimbursement for every dollar
spent to incarcerate illegal immigrants within the
California prison system.
This resolution 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.
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
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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."
FISCAL EFFECT : Fiscal Com.: No
RJG:nl 9/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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