Bill Text: CA SB434 | 2011-2012 | Regular Session | Amended

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Bill Title: Undocumented criminal immigrants: costs of

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB434 Detail]

Download: California-2011-SB434-Amended.html

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BILL NUMBER: SB 434	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Anderson

                        FEBRUARY 16, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 434, as amended, Anderson.  Water: delivery and
storage.   Undocumented criminal immigrants: 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
immigrants, or to take the undocumented criminal immigrant 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
immigrants. The bill would require the Attorney General to utilize
all available legal resources to obtain reimbursement 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 immigrant
inmates in all state and local correctional institutions in the state
and to publish the data on its Internet Web site, as specified. The
data would be required to be annually updated and published. 

   Existing law states that the general welfare requires that the
water resources of the state be put to beneficial use to the fullest
extent of which they are capable.  
   This bill would state the intent of the Legislature to enact
legislation to enhance delivery of public water resources and
storage. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  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
immigrant incarcerated within California's correctional system.
   (2) 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 immigrant 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, 2012, and
thereafter updated and published annually on or before July 1 of each
year.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to enhance delivery of public water resources
and storage.