AB 1208

Bill Subjects

Abstract

Existing law requires the Board of Parole Hearings to encourage eligible foreign born inmates to apply for return to their nations of citizenship as provided in federal treaties. This bill would provide that, except as otherwise provided by law, if a nonviolent, illegal alien inmate agrees to waive his or her right to appeal his or her conviction and agrees not to contest a final order of removal, the inmate may qualify for immediate deportation, provided however, that any waiver expressly provides that the inmate agrees to be subject to the jurisdiction of the Department of Corrections and Rehabilitation and that, if the inmate returns to California without authorization, the inmate shall be subject to incarceration for the remainder of any sentence previously imposed. An inmate agreeing to the waiver would also be required to promise not to enter the state illegally. Violation of this promise would be punishable by imprisonment in the state prison for 10 years. By creating a new crime, this bill would impose a state-mandated local program. The bill would also express the intent of the Legislature that the Department of Corrections and Rehabilitation enter into a cooperative agreement with federal Immigration and Customs Enforcement (ICE) to create the California-ICE Partnership for Rapid REPAT, where "REPAT" is the Rapid Removal of Eligible Parolees Accepted for Transfer. The bill would express the further intent of the Legislature that the department work with ICE to obtain inmate citizenship records, identify illegal aliens in the prison system, and expedite deportation of all illegal alien inmates convicted of nonviolent offenses. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.