Bill Text: CA AB1919 | 2013-2014 | Regular Session | Amended
Bill Title: California Immigrant Integration Task Force.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-07 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB1919 Detail]
Download: California-2013-AB1919-Amended.html
BILL NUMBER: AB 1919 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 7, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 19, 2014
An act to add Section 1210.17 to the Penal Code, relating
to inmates. 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 1919, as amended, V. Manuel Pérez. Inmates:
assessment. California Immigrant Integration Task
Force.
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.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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.
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.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(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.
(b) Over 17 percent of undocumented heads of household are
homeowners.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
SEC. 2. Chapter 13.9 (commencing with Section
8899.6) is added to Division 1 of Title 2 of the
Government Code , to read:
CHAPTER 13.9. CALIFORNIA IMMIGRANT INTEGRATION TASK FORCE
8899.6. (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.
8899.7. (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.
8899.8. This chapter shall remain in effect only until January 1,
2017, and as of that date is repealed.
SEC. 3. 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:
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.
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.
