Amended in Senate August 7, 2014

Amended in Assembly April 2, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1919

Introduced by Assembly Member V. Manuel Pérez

February 19, 2014

An act to add begin delete Section 1210.17 to the Penal Code, relating to inmates. end delete begin insert and repeal Chapter 13.9 (commencing with Section 8899.6) of Division 1 of Title 2 of the Government Code, relating to state government, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1919, as amended, V. Manuel Pérez. begin delete Inmates: assessment. end delete begin insert California Immigrant Integration Task Force. end insert

begin insert

Existing law establishes various programs to assist immigrants living within the state, including, but not limited to, the Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants, the Immigrant Workforce Preparation Act, and the Naturalization Services Program.

end insert begin insert

This bill would, until January 1, 2017, establish the California Immigrant Integration Task Force to report, on or before November 4, 2016, recommendations to the Governor and the Legislature on, among other things, protocols and collaboration among governmental agencies, community organizations, educational institutions, and the private sector to assist in the integration of immigrants into California communities. The bill would require the task force to be composed of representatives of certain state entities, immigrant rights advocacy groups, faith-based organizations, and various industries, including, but not limited to, labor, public safety, education, and healthcare, as specified.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

Existing law generally requires felons to be incarcerated in state prison or county jails and generally requires those inmates to be supervised by the Department of Corrections and Rehabilitation or county probation agencies upon release. Existing law authorizes a variety of programs for inmates who are on postrelease supervision, including parole, postrelease community supervision, and mandatory supervision.

end delete begin delete

This bill would encourage all actors in the criminal justice system to use an evidence-based risk and needs assessment, as defined, to help make determinations at all stages of the judicial process, as prescribed.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The Legislature hereby finds and declares all of
the following: end insert

begin insert

(a) California is home to more than 10 million immigrants,
which is one-fourth of the nation’s immigrant population. Roughly
1.5 million, or over 13 percent of, California children live with at
least one undocumented immigrant parent. Over 80 percent of
these children are citizens.

end insert begin insert

(b) Over 17 percent of undocumented heads of household are
homeowners.

end insert begin insert

(c) Eighteen percent of all small business owners in the United
States are immigrants, employing an estimated 4.7 million people
in 2007, and generating more than $776 billion annually.

end insert begin insert

(d) The purchasing power of Latinos and Asians, many of whom
are immigrants, is projected to reach $1.5 trillion and $775 billion,
respectively, by 2015. The rise of immigration to the United States
since 1990 has increased, and will continue to increase, the
earnings of Americans who have some education beyond a high
school degree.

end insert begin insert

(e) Despite comprising 16 percent of the resident population
holding a bachelor’s degree or higher, immigrants represent 33
percent of engineers, 27 percent of mathematicians, statisticians,
and computer scientists, and 24 percent of physical scientists. In
2011, foreign-born inventors contributed to more than 75 percent
of patents issued to the top 10 patent-producing universities.

end insert begin insert

(f) The Children’s Health Insurance Program (CHIP),
Supplemental Nutrition Assistance Program (SNAP), Temporary
Assistance for Needy Families (TANF), and child-care subsidies
are all available to citizen children with undocumented parents.
Children who access these public services have been associated
with better cognitive skills and better health in the first years of
life.

end insert begin insert

(g) Children of undocumented parents face greater barriers to
accessing social services and programs and tend to have more
negative social, economic, and health outcomes. These children
often forgo social services and programs for which they are eligible
because they are afraid of revealing their parent’s status.
Additionally, undocumented parents may not enroll their eligible
children in public services and programs because of a lack of
information and linguistic barriers.

end insert begin insert

(h) In response to the protracted policy debate on federal
immigration reform, states and local governments have
implemented policy reforms within their own jurisdictions. For
example, many city councils have passed “sanctuary city”
resolutions which restrict the use of municipal moneys and
resources for cooperation with the enforcement of federal
immigration laws. Some state and local governments have also
established immigrant integration offices. For example, the County
of Santa Clara has an Immigrant Relations and Integration
Services office and the County of Los Angeles has a cross-sector
Council on Immigrant Integration. Additionally, two states, Illinois
and New York, established offices for immigrant integration.

end insert begin insert

(i) All California residents would benefit from the establishment
of the California Immigrant Integration Task Force composed of
representatives from government, business, labor, public safety,
education, community organizations, and immigrant rights
advocacy groups to combine their expertise to report on how these
various sectors can better coordinate their efforts to integrate
immigrants into our communities through improved access to
available services, resources, and opportunities.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 13.9 (commencing with Section 8899.6) is
added to Division 1 of Title 2 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 13.9. end insert California Immigrant Integration Task
Force

 

begin insert 8899.6. end insert   

(a) (1) The California Immigrant Integration Task
Force is hereby established in state government.

(2) For purposes of this chapter, “task force” shall refer to
California Immigrant Integration Task Force.

(b) On or before June 1, 2015, the Governor shall appoint to
the task force representatives from all of the following:

(1) State entities that regulate sectors of the California economy
that use a significant immigrant workforce or that administer
programs that serve California’s immigrant population.

(2) State entities that perform record clearance requests for
federal naturalization processes.

(3) State entities that consult with the United States Department
of Homeland Security and the United States Department of Justice
in determining the legal roles and responsibilities of federal and
state agencies in implementing immigration laws and policies.

(4) Businesses that are owned by, employ, or serve immigrants.

(5) Labor organizations that serve and represent immigrant
workers.

(6) Public safety entities, including, but not limited to,
emergency services and law enforcement.

(7) Education institutions, including, but not limited to, school
districts, community colleges, colleges, and universities.

(8) Health care organizations, including, but not limited to,
hospitals, clinics, and insurance agencies that serve immigrant
populations.

(9) Faith-based organizations that include immigrant
populations.

(10) Immigrant rights advocacy groups.

(11) Any additional stakeholder groups that the Governor
identifies as relevant to the purposes of this chapter.

(c) Members of the task force shall not be compensated, but
shall be reimbursed for necessary expenses to attend meetings.

(d) The Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3) and the
California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1) shall apply to the task force.

(e) (1) On or before July 1, 2015, the task force shall convene
its first meeting.

(2) Members of the task force shall select a chair at the first
meeting.

(f) The task force shall transmit the report required by Section
8899.7 to the Legislature in compliance with Section 9795.

begin insert 8899.7. end insert   

(a) On or before November 4, 2016, the task force
shall transmit a report on how to better integrate immigrants into
California communities and economy to the Governor and
Legislature that includes all of the following:

(1) Recommendations on how state and local governmental
entities can collaborate with the federal government to improve
border security, reduce and eliminate drug trafficking and human
smuggling along the California-Mexico border, and pursue drug
cartels with ties to California-based gangs.

(2) Evaluation of the potential to minimize the flow of
undocumented Latin American workers to California by stimulating
economic development in their countries of origin through the
establishment of public-private partnerships between state entities
and Latin America-based companies and financing strategies
between the North American Development Bank and the California
Infrastructure and Economic Development Bank.

(3) Identification of advocacy strategies to expand the Deferred
Action for Childhood Arrivals (DACA) program to include workers
in California industries experiencing a labor shortage,
undocumented parents of children enrolled in DACA, and other
groups of undocumented individuals in California that the task
force recommends.

(4) Recommendations on how the state can assist the federal
government decrease the backlog of legal immigration visas for
families and businesses and increase the issuance of professional
visas.

(5) Review of E-Verify and other immigration enforcement
programs.

(6) Evaluation of collaborative efforts undertaken by
community-based organizations, higher education institutions,
and professional associations to increase employment and
professional development opportunities for legal immigrants
residing within California.

(7) Assessment of programs that encourage English language
acquisition, civic participation, and naturalization.

(8) Analysis of how faith-based organizations, community
groups, and schools assist in integrating both documented and
undocumented immigrants into California communities.

(9) Recommendations on how the state can collaborate with
academic and research institutions to generate studies highlighting
the economic and social contributions of immigrants.

begin insert 8899.8. end insert   

This chapter shall remain in effect only until January
1, 2017, and as of that date is repealed.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to address the recent influx of tens of thousands of
immigrant children from Central America to the United States, it
is necessary that this act take effect immediately.

end insert

begin delete

SECTION 1.  

Section 1210.17 is added to the Penal Code, immediately following Section 1210.16, to read:

1210.17.  

(a) The Legislature finds and declares all of the
following:

(1) According to research by the Washington State Institute for
Public Policy, combining supervision based on the risk level of an
individual in the criminal justice system with evidence-based
programming to address the specific needs of that individual yields
the greatest reduction in recidivism rates.

(2) According to a 2010 study, entitled “The Role of Offender
Risk Assessment: A Policy Maker Guide,” the mismatch of higher
supervision and inappropriate services can actually increase the
recidivism rate of a low-risk individual, thereby decreasing public
safety and wasting valuable funding.

(3) Evidence-based risk and needs assessments are an important
tool that can provide decisionmakers with data to help predict an
individual’s likelihood of committing a crime and engaging in
harmful behavior, such as substance abuse, and can help determine
which interventions or services will have the most impact on the
individual.

(4) Evidence-based risk and needs assessments can be used at
many different times in the criminal justice process, including in
determining who should be detained while awaiting trial, on
probation, before release from incarceration, and while on
postrelease supervision, such as parole, postrelease community
supervision, or mandatory supervision.

(b) For purposes of this section, “risk and needs assessment”
means a set of measures and questions that are used to measure
the risk of an individual to commit another offense, miss future
court appearances or other appointments, engage in substance
abuse, and determine what unmet needs the individual has.

(c) All actors in the criminal justice system, including police
officers, probation officers, sheriffs deputies, and other law
enforcement personnel, are encouraged to use an evidence-based
risk and needs assessment to help make determinations at all stages
of the judicial process, including in making the determination of
who should be detained while awaiting trial, and determining
supervision level and service referrals while on probation, before
release from incarceration, and while on postrelease supervision,
such as parole, postrelease community supervision, or mandatory
supervision.

end delete