CALIFORNIA LEGISLATURE—
2011–2012 REGULAR SESSION
Assembly Joint Resolution
No. 38
Introduced by
Assembly Member
Donnelly
(Coauthor(s):
Assembly Member
Conway, Cook, Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, Jones, Knight, Mansoor, Nestande, Nielsen, Valadao, Wagner)
(Coauthor(s):
Senator
Anderson, Gaines, Huff, Runner)
|
May 07, 2012 |
Relative to undocumented criminals.
LEGISLATIVE COUNSEL'S DIGEST
AJR 38, as introduced, Donnelly.
Undocumented criminals.
This measure would urge Congress and the President to restore full funding for the State Criminal Alien Assistance Program and to fully reimburse states for the cost of incarcerating undocumented criminals.
Digest Key
Fiscal Committee:
NO WHEREAS, The federal government has a legal and moral obligation to keep our borders secure and, if it does not, it should pay the state the full cost of incarcerating undocumented criminals; and
WHEREAS, Federal law states that when a chief executive officer of a state submits a written request to the United States Attorney General for reimbursement the Attorney General will either enter into a contractual arrangement that provides for compensation to the state to incarcerate the undocumented criminals or take the undocumented criminals into the custody of the federal government (8 U.S.C. Sec. 1231); and
WHEREAS, The federal State Criminal Alien Assistance Program was created in 1994 for the purpose of reimbursing states for the costs of incarcerating undocumented criminals; and
WHEREAS, Federal law provides that the State Criminal Alien Assistance Program provide federal payments to states and localities that incur costs for incarcerating undocumented criminals; and
WHEREAS, There are almost 16,250 self-reported undocumented criminals in the California prison system; and
WHEREAS, In the 2010–11 fiscal year, the cost per incarcerated individual in California was $56,000 each year; and
WHEREAS, In the 2010–11 fiscal year, it cost the State of California over $910 million to house these undocumented criminals; and
WHEREAS, In the 2010–11 fiscal year, the State of California was reimbursed from the State Criminal Alien Assistance Program in an amount equal to only 10 cents for every dollar spent to house these undocumented criminals; now, therefore, be it
Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges Congress and the President to restore full funding for the State Criminal Alien Assistance Program; and be it further
Resolved, That the Legislature urges Congress and the President to adequately fund the State Criminal Alien Assistance Program to fully reimburse states for the cost of incarcerating undocumented criminals, and to ensure that the State of California receives reimbursement for every dollar spent to incarcerate undocumented criminals within the California prison system; and be it further
Resolved, That the Speaker 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, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.