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AB-386 Legal services for deported veterans.(2017-2018)

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Date Published: 03/21/2017 04:00 AM
AB386:v98#DOCUMENT

Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 386


Introduced by Assembly Member Gonzalez Fletcher

February 09, 2017


An act to amend the heading of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of, and to add the heading of Article 1 (commencing with Section 13300) to Chapter 5.6 of Part 3 of Division 9 of, and to add Article 1 2 (commencing with Section 13400) to Chapter 5.6 of Part 3 of Division 9 of, the Welfare and Institutions Code, relating to immigrants, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 386, as amended, Gonzalez Fletcher. Legal services for deported veterans.
Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts meet certain conditions.
This bill would require the department to either contract with qualified nonprofit legal services organizations, or contract with a nonprofit agency to administer funding to nonprofit legal services organization subcontractors, to provide legal services to deported veterans, as defined. The bill would also authorize the department to contract with organizations that provide postconviction relief services to immigrants. deported veterans. The bill would require the contracts awarded pursuant to these provisions to meet certain conditions. The bill would establish the Veteran Reentry Assistance Fund to accept donations from private foundations and other philanthropic entities for the purpose of expanding the number of individuals that may be provided legal services pursuant to these provisions. The bill would appropriate an unspecified sum from the General Fund to the department for the purpose of implementing these provisions.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.The heading of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code is amended to read:
5.6.Services for Immigrants

SECTION 1.

 The heading of Article 1 (commencing with Section 13300) is added to Chapter 5.6 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:
Article  1. Immigration Services

SEC. 2.

 Article 1 2 (commencing with Section 13400) is added to Chapter 5.6 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:
Article   2. Legal Services For Deported Veterans

13400.
 For purposes of this article, the following definitions shall apply:
(a) “Department” means the State Department of Social Services.
(b) “Deported veteran” means a veteran who was deported from the United States pursuant to Section 237 of the Immigration and Nationality Act (8 U.S.C. Sec. 1227). 1227), is ineligible for admission pursuant to Section 212 of the Immigration and Nationality Act ( 8 U.S.C. Sec. 1182), or both.
(c) “Veteran” has the same meaning as defined in Section 18540.4 of the Government Code.

13402.
 (a) The department shall either contract directly with qualified nonprofit legal services organizations, or contract with a nonprofit agency to administer funding to nonprofit legal services organization subcontractors, to provide legal services to deported veterans. veterans for assistance with the reentry process.
(b) By ____, the department shall request proposals for agencies to act as the umbrella agency in order to determine whether an umbrella agency model is more efficient than contracting directly with individual organizations.

13406.
 (a) Contracts awarded pursuant to Section 13402 shall be executed either with a nonprofit agency that will administer the contract through nonprofit legal services organization subcontractors that meet both of the following requirements or directly with nonprofit legal services organizations that meet both of the following requirements:

(1)(A)Have significant experience in representing individuals in applications relating to the reentry process after being removed from the United States pursuant to Section 237 of the Immigration and Nationality Act (8 U.S.C. Sec. 1227).

(B)For the purposes of this paragraph, “significant experience” means at least one of the following:

(i)A minimum of five years of experience as an organization.

(1) Have at least one of the following:
(A) A minimum of three years of experience in representing individuals in applications relating to the reentry process.
(B) A minimum of three years of experience as an organization providing legal assistance with the reentry process.

(ii)

(C) Experience as a federal subcontractor for immigration representation.

(iii)

(D) Experience working with or under the supervision of an organization, including a legal training or a technical assistance organization, that has significant experience in applications relating to the reentry process after being removed from the United States. process.
(2) Are accredited by the Board of Immigration Appeals under the United States Department of Justice’s Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.
(b) (1) The department may contract with organizations that provide postconviction relief services to immigrants. deported veterans.
(2) Organizations with contracts described in this subdivision may be For purposes of this subdivision, organizations that provide postconviction relief services include, but are not limited to, nonprofit legal services organizations awarded funding pursuant to subdivision (a), clean slate service providers providers, or criminal defense organizations that will file postconviction relief motions and petitions in California’s courts.
(c) The department may contract with organizations that provide case coordination and placement services to ensure that all individuals eligible for representation pursuant to a contract entered into under this article receives that representation in a timely fashion.

13408.
 (a) The Veteran Reentry Assistance Fund is hereby established in the State Treasury to accept donations from private foundations and other philanthropic entities for the purpose of expanding the number of individuals that may be provided legal services through contracts entered into by the department pursuant to this article.
(b) Notwithstanding the requirements of Section 13406, the department may utilize moneys in this fund to contract with a private attorney who is a member of the American Immigration Lawyers Association for the purpose of providing legal services, if the private attorney demonstrates that, within the past five years, he or she has been substantially involved in the practice of immigration and nationality law, as described in Section 2.0 and Section 3.0 of the California State Bar Standards for Certification and Recertification in Immigration and Nationality Law (as revised November 19, 2010). A private attorney does not need to be certified by the State Bar of California as a specialist in immigration and nationality law in order to qualify for a contract described in this section.

SEC. 3.

 The sum of ____ dollars ($____) is hereby appropriated from the General Fund to the State Department of Social Services for the purposes of implementing this act.