Bill Text: CA ACR140 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Undocumented foreign nationals: incarceration:

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-07-06 - Chaptered by Secretary of State - Res. Chapter 49, Statutes of 2010. [ACR140 Detail]

Download: California-2009-ACR140-Chaptered.html

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BILL NUMBER: ACR 140	CHAPTERED
	BILL TEXT

	RESOLUTION CHAPTER  49
	FILED WITH SECRETARY OF STATE  JULY 6, 2010
	ADOPTED IN SENATE  JUNE 28, 2010
	ADOPTED IN ASSEMBLY  MAY 13, 2010
	AMENDED IN ASSEMBLY  MAY 10, 2010

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 25, 2010

   Relative to incarceration.


	LEGISLATIVE COUNSEL'S DIGEST


   ACR 140, Adams. Undocumented foreign nationals: incarceration:
reimbursement.
   This measure would urge the Governor to demand that the federal
Bureau of Justice Assistance reimburse the State of California for
all costs of incarcerating undocumented foreign nationals.



   WHEREAS, Immigration policy and controlling our nation's borders
are clear, fundamental responsibilities of the federal government;
and
   WHEREAS, The federal government has failed to discharge its
fundamental responsibilities, and, as a consequence, high-impact
states like California face extraordinary costs associated with
incarcerating undocumented foreign nationals; and
   WHEREAS, The federal State Criminal Alien Assistance Program
(SCAAP), governed by the federal Immigration and Nationality Act,
requires the federal government to reimburse the State of California
and local governments for the cost of incarcerating undocumented
foreign nationals; and
   WHEREAS, SCAAP provides federal payments to states and localities
that incur costs for incarcerating criminals who were born outside
the United States or one of its territories and have no reported or
documented claim to United States citizenship, who have at least one
felony or two misdemeanor convictions for violations of state or
local law, and who are incarcerated for at least four consecutive
days during the reporting period; and
   WHEREAS, The United States Department of Justice through the
federal Bureau of Justice Assistance (BJA) administers SCAAP, in
conjunction with the Bureau of Immigration and Customs Enforcement,
Department of Homeland Security; and
   WHEREAS, The annual cost of incarcerating an inmate at a state
prison is now $51,670, according to statistics from the Legislative
Analyst's Office; and
   WHEREAS, For the last reporting period by the BJA, the State of
California received $118,030,160 in reimbursement for 32,806 eligible
inmates, a return of $3,598 per inmate; and
   WHEREAS, Much of the incarcerating costs are borne by counties and
cities, most of which traditionally operate with slim budgets and
staffing; and
   WHEREAS, For the last reporting period by the BJA, counties and
cities in California received $43,717,418 in reimbursement for 66,386
eligible inmates, a return of $659 per inmate; and
   WHEREAS, Despite the continued increasing costs associated with
the incarceration of undocumented foreign nationals, no funds are
provided for SCAAP, for the purposes of assisting states, in the
President's 2010 budget request; and
   WHEREAS, The federal government has not met its national
immigration policy obligations or adequately compensated the State of
California or its local governments for the costs of incarcerating
undocumented foreign nationals in its prisons and jails; now,
therefore, be it
   Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature hereby urges the Governor to
demand that the BJA reimburse the State of California for all costs
of incarcerating undocumented foreign nationals; and be it further
   Resolved, That the Chief Clerk of the Assembly transmit copies of
this resolution to the President and Vice President of the United
States, to the Speaker of the House of Representatives, and to each
Senator and Representative from California in the Congress of the
United States.