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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 15Introduced by Assembly Member Gipson(Coauthors: Assembly Members Alvarez, Bonta, Connolly, Kalra, Lee, and Ortega)December 02, 2024An act to add Section 7284.11 to the Government Code, and to repeal Sections 5025 and 5026 of the Penal Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 15, as introduced, Gipson. State government: immigration enforcement.Existing law, the California Values Act, prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a persons release date or responding to a request for notification of a release date, unless that information is available to the public.The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases.Existing law requires the Department of Corrections and Rehabilitation to cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.Existing law requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. Existing law would require the department, upon the enactment of any federal law requiring these persons to be incarcerated in federal prison, to provide this information to the federal government, as specified.This bill would repeal these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Californias punitive carceral system unjustly and disproportionately harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities. The California prison population peaked at more than 165,000 in 2006 in a system designed to house just 85,000 individuals due to decades of draconian laws that over-criminalized children of color, applied one-size-fits-all sentencing laws, and provided little to no opportunities for rehabilitated individuals to be considered for release on parole by the Board of Parole Hearings.(b) In recent years, the Legislature and California voters have demonstrated a strong commitment to reforming our criminal system and ending mass incarceration by enacting the following landmark reforms. Through these reforms, certain incarcerated individuals have the opportunity to be considered for resentencing or release.(c) With the passing of Senate Bill 260 of the 201314 Regular Session of the Legislature, Senate Bill 261 of the 20152016 Regular Session of the Legislature, Senate Bill 394 of the 201718 Regular Session of the Legislature, and Assembly Bill 1308 of the 20172018 Regular Session of the Legislature, based on the brain development of young people, the hallmark features of youth, and the ability for incarcerated young people to grow and mature, California created a parole process for people who were 25 years of age or younger at the time of their commitment offenses, and sentenced to life sentences or long determinate sentences.(d) Through the elderly parole program, medical parole, and compassionate release processes, California acknowledged incarcerated populations who do not pose a threat to public safety and provided opportunities to be considered for release based on advanced age, fatal illness, or permanent incapacity.(e) Through the enactment of both the California Racial Justice Act of 2020, and the Racial Justice Act for All, the California Legislature recognized discrimination in our criminal justice system based on race, ethnicity, or national origin. The legislation created an opportunity to challenge convictions and sentences sought, obtained, or imposed on the basis of race, ethnicity, or national origin.(f) Acknowledging the injustice of convicting an individual of murder even if they did not kill anyone or intend to kill anyone, and that the felony murder legal theory has been weaponized to impose harsh convictions and sentences on persons of color and survivors of violence, the Legislature enacted Senate Bill 1437 of the 201718 Regular Session of the Legislature, which placed some limits on the legal basis for convicting someone of the crime of murder.(g) Recognizing that the relevant experiences of survivors of human trafficking, intimate partner violence, and sexual violence should be considered by courts when survivors come into contact with the criminal system, the Legislature enacted Assembly Bill 124 of the 202122 Regular Session of the Legislature.(h) Despite these reforms, when Californias jails and prisons voluntarily and unnecessarily transfer immigrant and refugee community members eligible for release from state or local custody to Immigration and Customs Enforcement (ICE) for immigration detention and deportation purposes, they subject these community members to double punishment and further trauma. Immigrant community members can be incarcerated by ICE, often for prolonged periods and with no right to bail, and deported, permanently banishing them from the country, from their families, their homes, their livelihoods and all that makes life worth living. Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme Court has repeatedly acknowledged that for many people deportation is a more severe penalty than any jail sentence. See, e.g., Lee v. U.S., 137 S.Ct. 1958, 1968 (2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010).(i) Community members transferred to ICE are refugees, lawful permanent residents, people who entered the United States as children, parents, caretakers, essential workers, or are otherwise valued California residents. Ending ICE transfers in California for individuals who have earned their release from county jail and individuals released from the Department of Corrections and Rehabilitation pursuant to the reforms described in subdivisions (c) through (g) is a reflection of the states commitment to ending racial injustice and mass incarceration.(j) The United States Constitution and the California Constitution protect all persons present within our borders from unreasonable searches and seizures, from deprivations of life, liberty or property without due process of law, from being deprived of equal protection under the law, including from being targeted on the basis of race or ethnicity. This act embodies and protects these values by ensuring that Californians, including refugees and immigrants, are treated equally by laws passed to advance much needed criminal justice reform. It is the intent of the Legislature to ensure the right of equal treatment under the United States Constitution, the California Constitution, and the above-referenced criminal justice reforms, which has been conferred to all immigrants and refugees in California.(k) To ensure an equitable opportunity for noncarceral, rehabilitative and diversionary dispositions or custody status to all persons involved in the criminal legal system, irrespective of immigration status, it is the intent of the Legislature to abrogate case law that is inconsistent with this value, including, but not limited to, People v. Sanchez (1987) 190 Cal.App.3d 224; People v. Cisneros (2000) 84 Cal.App.4th 352; People v. Espinoza (2003) 107 Cal.App.4th 1069; People v. Arce (2017) 11 Cal.App.5th 613.(l) This act shall be known, and may be cited, as the Harmonizing our Measures for Equality (HOME) Act.SEC. 2. Section 7284.11 is added to the Government Code, to read:7284.11. The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor.SEC. 3. Section 5025 of the Penal Code, as amended by Section 5 of Chapter 565 of the Statutes of 1994, is repealed.5025.(a)On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. This identification procedure shall be completed, as to each inmate, within 90 days of the Department of Corrections having taken custody of the inmate.(b)The procedures implemented by the department, pursuant to subdivision (a), shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)The Department of Corrections shall report annually to the Legislature the number of persons identified as undocumented aliens pursuant to subdivision (a). The reports shall contain the number of persons referred, the race, national origin, and national ancestry of persons referred, the offense or offenses for which the person was committed to state prison, and the disposition of the referral, if known.SEC. 4. Section 5025 of the Penal Code, as amended by Section 49 of Chapter 296 of the Statutes of 2021, is repealed.5025.(a)Immediately upon the effective date of the amendments to this section made at the 199394 First Extraordinary Session of the Legislature, the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall implement and maintain procedures to identify, within 90 days of assuming custody, inmates serving terms in state prison or wards of the Department of Youth and Community Restoration who are undocumented felons subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall refer to the United States Department of Homeland Security the name and location of any inmate or ward who may be an undocumented immigrant and who may be subject to deportation for a determination of whether the inmate or ward is undocumented and subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall make case files available to the United States Department of Homeland Security for purposes of investigation.(b)The procedures implemented by the department pursuant to subdivision (a) shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in the state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)Within 48 hours of identifying an inmate or ward as an undocumented felon pursuant to subdivision (a), the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cause the inmate or ward to be transferred to the custody of the United States Attorney General for appropriate action. Once an inmate or ward has been identified as an undocumented felon by the United States Immigration and Naturalization Service, the inmate or ward shall not undergo any additional evaluation or classification procedures other than those required for the safety or security of the institution, the inmate or ward, or the public.(d)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall report quarterly to the Legislature the number of persons referred to the United States Department of Homeland Security pursuant to subdivision (a). The report shall contain the number of persons transported, the race, national origin, and national ancestry of persons transported, the offense or offenses for which the persons were committed to state prison, and the facilities to which the persons were transported.(e)For purposes of this section, immigrant means a person who is not a citizen or national of the United States.SEC. 5. Section 5026 of the Penal Code is repealed.5026.(a)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.(b)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 15Introduced by Assembly Member Gipson(Coauthors: Assembly Members Alvarez, Bonta, Connolly, Kalra, Lee, and Ortega)December 02, 2024An act to add Section 7284.11 to the Government Code, and to repeal Sections 5025 and 5026 of the Penal Code, relating to state government. LEGISLATIVE COUNSEL'S DIGESTAB 15, as introduced, Gipson. State government: immigration enforcement.Existing law, the California Values Act, prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a persons release date or responding to a request for notification of a release date, unless that information is available to the public.The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases.Existing law requires the Department of Corrections and Rehabilitation to cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.Existing law requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. Existing law would require the department, upon the enactment of any federal law requiring these persons to be incarcerated in federal prison, to provide this information to the federal government, as specified.This bill would repeal these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly February 24, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly February 24, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 15 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Gipson(Coauthors: Assembly Members Alvarez, Bonta, Connolly, Kalra, Lee, and Ortega)December 02, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Gipson(Coauthors: Assembly Members Alvarez, Bonta, Connolly, Kalra, Lee, and Ortega) | |
| 18 | 18 | December 02, 2024 | |
| 19 | 19 | ||
| 20 | - | An act to add Section 7284.11 to the Government Code, and to repeal Sections 5025 and 5026 of the Penal Code, relating to state government. | |
| 20 | + | An act to add Section 7284.11 to the Government Code, and to repeal Sections 5025 and 5026 of the Penal Code, relating to state government. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 15, as | |
| 26 | + | AB 15, as introduced, Gipson. State government: immigration enforcement. | |
| 27 | 27 | ||
| 28 | - | Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought.This bill would require a law enforcement agency to review the casefile regarding an open unsolved murder upon written application by certain persons to determine if a reinvestigation would result in probative investigative leads, as specified. The bill would define an open unsolved murder as a murder committed after January 1, 1990, but no less than one year prior to the date of the application for case review, that was investigated by a law enforcement agency, for which all probative investigative leads have been exhausted and for which no suspect has been identified. If the review determines that a reinvestigation would result in probative investigative leads, this bill would require a reinvestigation, as specified. The bill would prohibit a reinvestigation from being conducted by a person who previously investigated the homicide at issue, as specified, and would allow only one reinvestigation from being undertaken at any one time with respect to the same victim.By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law, the California Values Act, prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a persons release date or responding to a request for notification of a release date, unless that information is available to the public.The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases.Existing law requires the Department of Corrections and Rehabilitation to cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.Existing law requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. Existing law would require the department, upon the enactment of any federal law requiring these persons to be incarcerated in federal prison, to provide this information to the federal government, as specified.This bill would repeal these provisions. | |
| 29 | - | ||
| 30 | - | Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. | |
| 31 | - | ||
| 32 | - | This bill would require a law enforcement agency to review the casefile regarding an open unsolved murder upon written application by certain persons to determine if a reinvestigation would result in probative investigative leads, as specified. The bill would define an open unsolved murder as a murder committed after January 1, 1990, but no less than one year prior to the date of the application for case review, that was investigated by a law enforcement agency, for which all probative investigative leads have been exhausted and for which no suspect has been identified. If the review determines that a reinvestigation would result in probative investigative leads, this bill would require a reinvestigation, as specified. The bill would prohibit a reinvestigation from being conducted by a person who previously investigated the homicide at issue, as specified, and would allow only one reinvestigation from being undertaken at any one time with respect to the same victim. | |
| 33 | - | ||
| 34 | - | By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program. | |
| 35 | - | ||
| 36 | - | 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. | |
| 37 | - | ||
| 38 | - | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 28 | + | Existing law, the California Values Act, prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a persons release date or responding to a request for notification of a release date, unless that information is available to the public.The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases.Existing law requires the Department of Corrections and Rehabilitation to cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.Existing law requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. Existing law would require the department, upon the enactment of any federal law requiring these persons to be incarcerated in federal prison, to provide this information to the federal government, as specified.This bill would repeal these provisions. | |
| 39 | 29 | ||
| 40 | 30 | Existing law, the California Values Act, prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a persons release date or responding to a request for notification of a release date, unless that information is available to the public. | |
| 41 | 31 | ||
| 42 | - | ||
| 43 | - | ||
| 44 | 32 | The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases. | |
| 45 | - | ||
| 46 | - | ||
| 47 | 33 | ||
| 48 | 34 | Existing law requires the Department of Corrections and Rehabilitation to cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison. | |
| 49 | 35 | ||
| 50 | - | ||
| 51 | - | ||
| 52 | 36 | Existing law requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. Existing law would require the department, upon the enactment of any federal law requiring these persons to be incarcerated in federal prison, to provide this information to the federal government, as specified. | |
| 53 | 37 | ||
| 54 | - | ||
| 55 | - | ||
| 56 | 38 | This bill would repeal these provisions. | |
| 57 | - | ||
| 58 | - | ||
| 59 | 39 | ||
| 60 | 40 | ## Digest Key | |
| 61 | 41 | ||
| 62 | 42 | ## Bill Text | |
| 63 | 43 | ||
| 64 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Californias punitive carceral system unjustly and disproportionately harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities. The California prison population peaked at more than 165,000 in 2006 in a system designed to house just 85,000 individuals due to decades of draconian laws that over-criminalized children of color, applied one-size-fits-all sentencing laws, and provided little to no opportunities for rehabilitated individuals to be considered for release on parole by the Board of Parole Hearings.(b) In recent years, the Legislature and California voters have demonstrated a strong commitment to reforming our criminal system and ending mass incarceration by enacting the following landmark reforms. Through these reforms, certain incarcerated individuals have the opportunity to be considered for resentencing or release.(c) With the passing of Senate Bill 260 of the 201314 Regular Session of the Legislature, Senate Bill 261 of the 20152016 Regular Session of the Legislature, Senate Bill 394 of the 201718 Regular Session of the Legislature, and Assembly Bill 1308 of the 20172018 Regular Session of the Legislature, based on the brain development of young people, the hallmark features of youth, and the ability for incarcerated young people to grow and mature, California created a parole process for people who were 25 years of age or younger at the time of their commitment offenses, and sentenced to life sentences or long determinate sentences.(d) Through the elderly parole program, medical parole, and compassionate release processes, California acknowledged incarcerated populations who do not pose a threat to public safety and provided opportunities to be considered for release based on advanced age, fatal illness, or permanent incapacity.(e) Through the enactment of both the California Racial Justice Act of 2020, and the Racial Justice Act for All, the California Legislature recognized discrimination in our criminal justice system based on race, ethnicity, or national origin. The legislation created an opportunity to challenge convictions and sentences sought, obtained, or imposed on the basis of race, ethnicity, or national origin.(f) Acknowledging the injustice of convicting an individual of murder even if they did not kill anyone or intend to kill anyone, and that the felony murder legal theory has been weaponized to impose harsh convictions and sentences on persons of color and survivors of violence, the Legislature enacted Senate Bill 1437 of the 201718 Regular Session of the Legislature, which placed some limits on the legal basis for convicting someone of the crime of murder.(g) Recognizing that the relevant experiences of survivors of human trafficking, intimate partner violence, and sexual violence should be considered by courts when survivors come into contact with the criminal system, the Legislature enacted Assembly Bill 124 of the 202122 Regular Session of the Legislature.(h) Despite these reforms, when Californias jails and prisons voluntarily and unnecessarily transfer immigrant and refugee community members eligible for release from state or local custody to Immigration and Customs Enforcement (ICE) for immigration detention and deportation purposes, they subject these community members to double punishment and further trauma. Immigrant community members can be incarcerated by ICE, often for prolonged periods and with no right to bail, and deported, permanently banishing them from the country, from their families, their homes, their livelihoods and all that makes life worth living. Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme Court has repeatedly acknowledged that for many people deportation is a more severe penalty than any jail sentence. See, e.g., Lee v. U.S., 137 S.Ct. 1958, 1968 (2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010).(i) Community members transferred to ICE are refugees, lawful permanent residents, people who entered the United States as children, parents, caretakers, essential workers, or are otherwise valued California residents. Ending ICE transfers in California for individuals who have earned their release from county jail and individuals released from the Department of Corrections and Rehabilitation pursuant to the reforms described in subdivisions (c) through (g) is a reflection of the states commitment to ending racial injustice and mass incarceration.(j) The United States Constitution and the California Constitution protect all persons present within our borders from unreasonable searches and seizures, from deprivations of life, liberty or property without due process of law, from being deprived of equal protection under the law, including from being targeted on the basis of race or ethnicity. This act embodies and protects these values by ensuring that Californians, including refugees and immigrants, are treated equally by laws passed to advance much needed criminal justice reform. It is the intent of the Legislature to ensure the right of equal treatment under the United States Constitution, the California Constitution, and the above-referenced criminal justice reforms, which has been conferred to all immigrants and refugees in California.(k) To ensure an equitable opportunity for noncarceral, rehabilitative and diversionary dispositions or custody status to all persons involved in the criminal legal system, irrespective of immigration status, it is the intent of the Legislature to abrogate case law that is inconsistent with this value, including, but not limited to, People v. Sanchez (1987) 190 Cal.App.3d 224; People v. Cisneros (2000) 84 Cal.App.4th 352; People v. Espinoza (2003) 107 Cal.App.4th 1069; People v. Arce (2017) 11 Cal.App.5th 613.(l) This act shall be known, and may be cited, as the Harmonizing our Measures for Equality (HOME) Act.SEC. 2. Section 7284.11 is added to the Government Code, to read:7284.11. The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor.SEC. 3. Section 5025 of the Penal Code, as amended by Section 5 of Chapter 565 of the Statutes of 1994, is repealed.5025.(a)On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. This identification procedure shall be completed, as to each inmate, within 90 days of the Department of Corrections having taken custody of the inmate.(b)The procedures implemented by the department, pursuant to subdivision (a), shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)The Department of Corrections shall report annually to the Legislature the number of persons identified as undocumented aliens pursuant to subdivision (a). The reports shall contain the number of persons referred, the race, national origin, and national ancestry of persons referred, the offense or offenses for which the person was committed to state prison, and the disposition of the referral, if known.SEC. 4. Section 5025 of the Penal Code, as amended by Section 49 of Chapter 296 of the Statutes of 2021, is repealed.5025.(a)Immediately upon the effective date of the amendments to this section made at the 199394 First Extraordinary Session of the Legislature, the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall implement and maintain procedures to identify, within 90 days of assuming custody, inmates serving terms in state prison or wards of the Department of Youth and Community Restoration who are undocumented felons subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall refer to the United States Department of Homeland Security the name and location of any inmate or ward who may be an undocumented immigrant and who may be subject to deportation for a determination of whether the inmate or ward is undocumented and subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall make case files available to the United States Department of Homeland Security for purposes of investigation.(b)The procedures implemented by the department pursuant to subdivision (a) shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in the state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)Within 48 hours of identifying an inmate or ward as an undocumented felon pursuant to subdivision (a), the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cause the inmate or ward to be transferred to the custody of the United States Attorney General for appropriate action. Once an inmate or ward has been identified as an undocumented felon by the United States Immigration and Naturalization Service, the inmate or ward shall not undergo any additional evaluation or classification procedures other than those required for the safety or security of the institution, the inmate or ward, or the public.(d)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall report quarterly to the Legislature the number of persons referred to the United States Department of Homeland Security pursuant to subdivision (a). The report shall contain the number of persons transported, the race, national origin, and national ancestry of persons transported, the offense or offenses for which the persons were committed to state prison, and the facilities to which the persons were transported.(e)For purposes of this section, immigrant means a person who is not a citizen or national of the United States.SEC. 5. Section 5026 of the Penal Code is repealed.5026.(a)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.(b)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. | |
| 65 | 45 | ||
| 66 | 46 | The people of the State of California do enact as follows: | |
| 67 | 47 | ||
| 68 | 48 | ## The people of the State of California do enact as follows: | |
| 69 | 49 | ||
| 70 | - | SECTION 1. | |
| 50 | + | SECTION 1. The Legislature finds and declares all of the following:(a) Californias punitive carceral system unjustly and disproportionately harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities. The California prison population peaked at more than 165,000 in 2006 in a system designed to house just 85,000 individuals due to decades of draconian laws that over-criminalized children of color, applied one-size-fits-all sentencing laws, and provided little to no opportunities for rehabilitated individuals to be considered for release on parole by the Board of Parole Hearings.(b) In recent years, the Legislature and California voters have demonstrated a strong commitment to reforming our criminal system and ending mass incarceration by enacting the following landmark reforms. Through these reforms, certain incarcerated individuals have the opportunity to be considered for resentencing or release.(c) With the passing of Senate Bill 260 of the 201314 Regular Session of the Legislature, Senate Bill 261 of the 20152016 Regular Session of the Legislature, Senate Bill 394 of the 201718 Regular Session of the Legislature, and Assembly Bill 1308 of the 20172018 Regular Session of the Legislature, based on the brain development of young people, the hallmark features of youth, and the ability for incarcerated young people to grow and mature, California created a parole process for people who were 25 years of age or younger at the time of their commitment offenses, and sentenced to life sentences or long determinate sentences.(d) Through the elderly parole program, medical parole, and compassionate release processes, California acknowledged incarcerated populations who do not pose a threat to public safety and provided opportunities to be considered for release based on advanced age, fatal illness, or permanent incapacity.(e) Through the enactment of both the California Racial Justice Act of 2020, and the Racial Justice Act for All, the California Legislature recognized discrimination in our criminal justice system based on race, ethnicity, or national origin. The legislation created an opportunity to challenge convictions and sentences sought, obtained, or imposed on the basis of race, ethnicity, or national origin.(f) Acknowledging the injustice of convicting an individual of murder even if they did not kill anyone or intend to kill anyone, and that the felony murder legal theory has been weaponized to impose harsh convictions and sentences on persons of color and survivors of violence, the Legislature enacted Senate Bill 1437 of the 201718 Regular Session of the Legislature, which placed some limits on the legal basis for convicting someone of the crime of murder.(g) Recognizing that the relevant experiences of survivors of human trafficking, intimate partner violence, and sexual violence should be considered by courts when survivors come into contact with the criminal system, the Legislature enacted Assembly Bill 124 of the 202122 Regular Session of the Legislature.(h) Despite these reforms, when Californias jails and prisons voluntarily and unnecessarily transfer immigrant and refugee community members eligible for release from state or local custody to Immigration and Customs Enforcement (ICE) for immigration detention and deportation purposes, they subject these community members to double punishment and further trauma. Immigrant community members can be incarcerated by ICE, often for prolonged periods and with no right to bail, and deported, permanently banishing them from the country, from their families, their homes, their livelihoods and all that makes life worth living. Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme Court has repeatedly acknowledged that for many people deportation is a more severe penalty than any jail sentence. See, e.g., Lee v. U.S., 137 S.Ct. 1958, 1968 (2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010).(i) Community members transferred to ICE are refugees, lawful permanent residents, people who entered the United States as children, parents, caretakers, essential workers, or are otherwise valued California residents. Ending ICE transfers in California for individuals who have earned their release from county jail and individuals released from the Department of Corrections and Rehabilitation pursuant to the reforms described in subdivisions (c) through (g) is a reflection of the states commitment to ending racial injustice and mass incarceration.(j) The United States Constitution and the California Constitution protect all persons present within our borders from unreasonable searches and seizures, from deprivations of life, liberty or property without due process of law, from being deprived of equal protection under the law, including from being targeted on the basis of race or ethnicity. This act embodies and protects these values by ensuring that Californians, including refugees and immigrants, are treated equally by laws passed to advance much needed criminal justice reform. It is the intent of the Legislature to ensure the right of equal treatment under the United States Constitution, the California Constitution, and the above-referenced criminal justice reforms, which has been conferred to all immigrants and refugees in California.(k) To ensure an equitable opportunity for noncarceral, rehabilitative and diversionary dispositions or custody status to all persons involved in the criminal legal system, irrespective of immigration status, it is the intent of the Legislature to abrogate case law that is inconsistent with this value, including, but not limited to, People v. Sanchez (1987) 190 Cal.App.3d 224; People v. Cisneros (2000) 84 Cal.App.4th 352; People v. Espinoza (2003) 107 Cal.App.4th 1069; People v. Arce (2017) 11 Cal.App.5th 613.(l) This act shall be known, and may be cited, as the Harmonizing our Measures for Equality (HOME) Act. | |
| 71 | 51 | ||
| 72 | - | SECTION 1. Chapter 4 (commencing with Section 11483) is added to Title 1 of Part 4 of the Penal Code, to read: | |
| 52 | + | SECTION 1. The Legislature finds and declares all of the following:(a) Californias punitive carceral system unjustly and disproportionately harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities. The California prison population peaked at more than 165,000 in 2006 in a system designed to house just 85,000 individuals due to decades of draconian laws that over-criminalized children of color, applied one-size-fits-all sentencing laws, and provided little to no opportunities for rehabilitated individuals to be considered for release on parole by the Board of Parole Hearings.(b) In recent years, the Legislature and California voters have demonstrated a strong commitment to reforming our criminal system and ending mass incarceration by enacting the following landmark reforms. Through these reforms, certain incarcerated individuals have the opportunity to be considered for resentencing or release.(c) With the passing of Senate Bill 260 of the 201314 Regular Session of the Legislature, Senate Bill 261 of the 20152016 Regular Session of the Legislature, Senate Bill 394 of the 201718 Regular Session of the Legislature, and Assembly Bill 1308 of the 20172018 Regular Session of the Legislature, based on the brain development of young people, the hallmark features of youth, and the ability for incarcerated young people to grow and mature, California created a parole process for people who were 25 years of age or younger at the time of their commitment offenses, and sentenced to life sentences or long determinate sentences.(d) Through the elderly parole program, medical parole, and compassionate release processes, California acknowledged incarcerated populations who do not pose a threat to public safety and provided opportunities to be considered for release based on advanced age, fatal illness, or permanent incapacity.(e) Through the enactment of both the California Racial Justice Act of 2020, and the Racial Justice Act for All, the California Legislature recognized discrimination in our criminal justice system based on race, ethnicity, or national origin. The legislation created an opportunity to challenge convictions and sentences sought, obtained, or imposed on the basis of race, ethnicity, or national origin.(f) Acknowledging the injustice of convicting an individual of murder even if they did not kill anyone or intend to kill anyone, and that the felony murder legal theory has been weaponized to impose harsh convictions and sentences on persons of color and survivors of violence, the Legislature enacted Senate Bill 1437 of the 201718 Regular Session of the Legislature, which placed some limits on the legal basis for convicting someone of the crime of murder.(g) Recognizing that the relevant experiences of survivors of human trafficking, intimate partner violence, and sexual violence should be considered by courts when survivors come into contact with the criminal system, the Legislature enacted Assembly Bill 124 of the 202122 Regular Session of the Legislature.(h) Despite these reforms, when Californias jails and prisons voluntarily and unnecessarily transfer immigrant and refugee community members eligible for release from state or local custody to Immigration and Customs Enforcement (ICE) for immigration detention and deportation purposes, they subject these community members to double punishment and further trauma. Immigrant community members can be incarcerated by ICE, often for prolonged periods and with no right to bail, and deported, permanently banishing them from the country, from their families, their homes, their livelihoods and all that makes life worth living. Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme Court has repeatedly acknowledged that for many people deportation is a more severe penalty than any jail sentence. See, e.g., Lee v. U.S., 137 S.Ct. 1958, 1968 (2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010).(i) Community members transferred to ICE are refugees, lawful permanent residents, people who entered the United States as children, parents, caretakers, essential workers, or are otherwise valued California residents. Ending ICE transfers in California for individuals who have earned their release from county jail and individuals released from the Department of Corrections and Rehabilitation pursuant to the reforms described in subdivisions (c) through (g) is a reflection of the states commitment to ending racial injustice and mass incarceration.(j) The United States Constitution and the California Constitution protect all persons present within our borders from unreasonable searches and seizures, from deprivations of life, liberty or property without due process of law, from being deprived of equal protection under the law, including from being targeted on the basis of race or ethnicity. This act embodies and protects these values by ensuring that Californians, including refugees and immigrants, are treated equally by laws passed to advance much needed criminal justice reform. It is the intent of the Legislature to ensure the right of equal treatment under the United States Constitution, the California Constitution, and the above-referenced criminal justice reforms, which has been conferred to all immigrants and refugees in California.(k) To ensure an equitable opportunity for noncarceral, rehabilitative and diversionary dispositions or custody status to all persons involved in the criminal legal system, irrespective of immigration status, it is the intent of the Legislature to abrogate case law that is inconsistent with this value, including, but not limited to, People v. Sanchez (1987) 190 Cal.App.3d 224; People v. Cisneros (2000) 84 Cal.App.4th 352; People v. Espinoza (2003) 107 Cal.App.4th 1069; People v. Arce (2017) 11 Cal.App.5th 613.(l) This act shall be known, and may be cited, as the Harmonizing our Measures for Equality (HOME) Act. | |
| 53 | + | ||
| 54 | + | SECTION 1. The Legislature finds and declares all of the following: | |
| 73 | 55 | ||
| 74 | 56 | ### SECTION 1. | |
| 75 | 57 | ||
| 76 | - | ||
| 58 | + | (a) Californias punitive carceral system unjustly and disproportionately harms Black, Latinx, Indigenous, and Asian and Pacific Islander American communities. The California prison population peaked at more than 165,000 in 2006 in a system designed to house just 85,000 individuals due to decades of draconian laws that over-criminalized children of color, applied one-size-fits-all sentencing laws, and provided little to no opportunities for rehabilitated individuals to be considered for release on parole by the Board of Parole Hearings. | |
| 77 | 59 | ||
| 78 | - | ||
| 60 | + | (b) In recent years, the Legislature and California voters have demonstrated a strong commitment to reforming our criminal system and ending mass incarceration by enacting the following landmark reforms. Through these reforms, certain incarcerated individuals have the opportunity to be considered for resentencing or release. | |
| 79 | 61 | ||
| 80 | - | ||
| 62 | + | (c) With the passing of Senate Bill 260 of the 201314 Regular Session of the Legislature, Senate Bill 261 of the 20152016 Regular Session of the Legislature, Senate Bill 394 of the 201718 Regular Session of the Legislature, and Assembly Bill 1308 of the 20172018 Regular Session of the Legislature, based on the brain development of young people, the hallmark features of youth, and the ability for incarcerated young people to grow and mature, California created a parole process for people who were 25 years of age or younger at the time of their commitment offenses, and sentenced to life sentences or long determinate sentences. | |
| 81 | 63 | ||
| 82 | - | ||
| 64 | + | (d) Through the elderly parole program, medical parole, and compassionate release processes, California acknowledged incarcerated populations who do not pose a threat to public safety and provided opportunities to be considered for release based on advanced age, fatal illness, or permanent incapacity. | |
| 83 | 65 | ||
| 84 | - | 11483. This act shall be known, and may be cited, as the California Homicide Victims Families Rights Act. | |
| 66 | + | (e) Through the enactment of both the California Racial Justice Act of 2020, and the Racial Justice Act for All, the California Legislature recognized discrimination in our criminal justice system based on race, ethnicity, or national origin. The legislation created an opportunity to challenge convictions and sentences sought, obtained, or imposed on the basis of race, ethnicity, or national origin. | |
| 67 | + | ||
| 68 | + | (f) Acknowledging the injustice of convicting an individual of murder even if they did not kill anyone or intend to kill anyone, and that the felony murder legal theory has been weaponized to impose harsh convictions and sentences on persons of color and survivors of violence, the Legislature enacted Senate Bill 1437 of the 201718 Regular Session of the Legislature, which placed some limits on the legal basis for convicting someone of the crime of murder. | |
| 69 | + | ||
| 70 | + | (g) Recognizing that the relevant experiences of survivors of human trafficking, intimate partner violence, and sexual violence should be considered by courts when survivors come into contact with the criminal system, the Legislature enacted Assembly Bill 124 of the 202122 Regular Session of the Legislature. | |
| 71 | + | ||
| 72 | + | (h) Despite these reforms, when Californias jails and prisons voluntarily and unnecessarily transfer immigrant and refugee community members eligible for release from state or local custody to Immigration and Customs Enforcement (ICE) for immigration detention and deportation purposes, they subject these community members to double punishment and further trauma. Immigrant community members can be incarcerated by ICE, often for prolonged periods and with no right to bail, and deported, permanently banishing them from the country, from their families, their homes, their livelihoods and all that makes life worth living. Ng Fung Ho v. White, 259 U.S. 276, 284 (1922). The Supreme Court has repeatedly acknowledged that for many people deportation is a more severe penalty than any jail sentence. See, e.g., Lee v. U.S., 137 S.Ct. 1958, 1968 (2017); Padilla v. Kentucky, 559 U.S. 356, 364 (2010). | |
| 73 | + | ||
| 74 | + | (i) Community members transferred to ICE are refugees, lawful permanent residents, people who entered the United States as children, parents, caretakers, essential workers, or are otherwise valued California residents. Ending ICE transfers in California for individuals who have earned their release from county jail and individuals released from the Department of Corrections and Rehabilitation pursuant to the reforms described in subdivisions (c) through (g) is a reflection of the states commitment to ending racial injustice and mass incarceration. | |
| 75 | + | ||
| 76 | + | (j) The United States Constitution and the California Constitution protect all persons present within our borders from unreasonable searches and seizures, from deprivations of life, liberty or property without due process of law, from being deprived of equal protection under the law, including from being targeted on the basis of race or ethnicity. This act embodies and protects these values by ensuring that Californians, including refugees and immigrants, are treated equally by laws passed to advance much needed criminal justice reform. It is the intent of the Legislature to ensure the right of equal treatment under the United States Constitution, the California Constitution, and the above-referenced criminal justice reforms, which has been conferred to all immigrants and refugees in California. | |
| 77 | + | ||
| 78 | + | (k) To ensure an equitable opportunity for noncarceral, rehabilitative and diversionary dispositions or custody status to all persons involved in the criminal legal system, irrespective of immigration status, it is the intent of the Legislature to abrogate case law that is inconsistent with this value, including, but not limited to, People v. Sanchez (1987) 190 Cal.App.3d 224; People v. Cisneros (2000) 84 Cal.App.4th 352; People v. Espinoza (2003) 107 Cal.App.4th 1069; People v. Arce (2017) 11 Cal.App.5th 613. | |
| 79 | + | ||
| 80 | + | (l) This act shall be known, and may be cited, as the Harmonizing our Measures for Equality (HOME) Act. | |
| 81 | + | ||
| 82 | + | SEC. 2. Section 7284.11 is added to the Government Code, to read:7284.11. The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor. | |
| 83 | + | ||
| 84 | + | SEC. 2. Section 7284.11 is added to the Government Code, to read: | |
| 85 | + | ||
| 86 | + | ### SEC. 2. | |
| 87 | + | ||
| 88 | + | 7284.11. The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor. | |
| 89 | + | ||
| 90 | + | 7284.11. The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor. | |
| 91 | + | ||
| 92 | + | 7284.11. The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor. | |
| 85 | 93 | ||
| 86 | 94 | ||
| 87 | 95 | ||
| 88 | - | ||
| 96 | + | 7284.11. The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor. | |
| 89 | 97 | ||
| 90 | - | 11484. As used in this chapter, the following definitions apply:(a) Agency means a law enforcement entity in California.(b) Applicable agency means a law enforcement agency that is investigating or has investigated the murder of the victim.(c) Designated person means an immediate family member or a similarly situated person, or their designated legal representative, who is a member in good standing with the State Bar of California.(d) Immediate family member means a parent, parent-in-law, legal guardian, grandparent, grandparent-in-law, sibling, spouse, child, or stepchild of a murder victim or any person who exercised in loco parentis control over a victim under 18 years of age.(e) Murder has the same meaning as in Section 187.(f) Open unsolved murder means a murder that meets all of the following requirements:(1) The murder was committed more than one year prior to the date of the application for a case review by a designated person under subdivision (d).(2) The murder was previously investigated by an agency.(3) All probative investigative leads have been exhausted.(4) No suspect has been identified.(5) The murder was committed after January 1, 1990.(g) Victim means the person against whom an open unsolved murder was committed. | |
| 98 | + | SEC. 3. Section 5025 of the Penal Code, as amended by Section 5 of Chapter 565 of the Statutes of 1994, is repealed.5025.(a)On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. This identification procedure shall be completed, as to each inmate, within 90 days of the Department of Corrections having taken custody of the inmate.(b)The procedures implemented by the department, pursuant to subdivision (a), shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)The Department of Corrections shall report annually to the Legislature the number of persons identified as undocumented aliens pursuant to subdivision (a). The reports shall contain the number of persons referred, the race, national origin, and national ancestry of persons referred, the offense or offenses for which the person was committed to state prison, and the disposition of the referral, if known. | |
| 99 | + | ||
| 100 | + | SEC. 3. Section 5025 of the Penal Code, as amended by Section 5 of Chapter 565 of the Statutes of 1994, is repealed. | |
| 101 | + | ||
| 102 | + | ### SEC. 3. | |
| 103 | + | ||
| 104 | + | 5025.(a)On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. This identification procedure shall be completed, as to each inmate, within 90 days of the Department of Corrections having taken custody of the inmate.(b)The procedures implemented by the department, pursuant to subdivision (a), shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)The Department of Corrections shall report annually to the Legislature the number of persons identified as undocumented aliens pursuant to subdivision (a). The reports shall contain the number of persons referred, the race, national origin, and national ancestry of persons referred, the offense or offenses for which the person was committed to state prison, and the disposition of the referral, if known. | |
| 91 | 105 | ||
| 92 | 106 | ||
| 93 | 107 | ||
| 94 | - | 11484. As used in this chapter, the following definitions apply: | |
| 95 | - | ||
| 96 | - | (a) Agency means a law enforcement entity in California. | |
| 97 | - | ||
| 98 | - | (b) Applicable agency means a law enforcement agency that is investigating or has investigated the murder of the victim. | |
| 99 | - | ||
| 100 | - | (c) Designated person means an immediate family member or a similarly situated person, or their designated legal representative, who is a member in good standing with the State Bar of California. | |
| 101 | - | ||
| 102 | - | (d) Immediate family member means a parent, parent-in-law, legal guardian, grandparent, grandparent-in-law, sibling, spouse, child, or stepchild of a murder victim or any person who exercised in loco parentis control over a victim under 18 years of age. | |
| 103 | - | ||
| 104 | - | (e) Murder has the same meaning as in Section 187. | |
| 105 | - | ||
| 106 | - | (f) Open unsolved murder means a murder that meets all of the following requirements: | |
| 107 | - | ||
| 108 | - | (1) The murder was committed more than one year prior to the date of the application for a case review by a designated person under subdivision (d). | |
| 109 | - | ||
| 110 | - | (2) The murder was previously investigated by an agency. | |
| 111 | - | ||
| 112 | - | (3) All probative investigative leads have been exhausted. | |
| 113 | - | ||
| 114 | - | (4) No suspect has been identified. | |
| 115 | - | ||
| 116 | - | (5) The murder was committed after January 1, 1990. | |
| 117 | - | ||
| 118 | - | (g) Victim means the person against whom an open unsolved murder was committed. | |
| 119 | - | ||
| 120 | - | 11485. (a) An applicable agency shall review the case file regarding an open unsolved murder upon written application by a designated person to determine if a reinvestigation would result in probative investigative leads.(b) The case file review shall include, but is not limited to, all of the following:(1) An analysis of the investigative steps or followup steps that may have been missed in the initial investigation.(2) An assessment of whether witnesses should be interviewed or reinterviewed.(3) An examination of physical evidence to see if all appropriate forensic testing and analysis was performed in the first instance or if additional testing might produce information relevant to the investigation.(4) An update of the case file to bring it up to current investigative standards to the extent that doing so would help develop probative leads.(c) The person or persons performing the case file review required by this section shall not have previously investigated the murder.(d) The applicable agency shall confirm receipt of a request made under subdivision (a) in writing and provide notice of the applicants rights under this act.(e) Only one case file review shall be undertaken at any one time with respect to the same open unsolved murder case. If there is more than one investigative agency, each investigative agency shall coordinate its case file review such that there is only one case file review occurring at any given time.(f) No later than 90 days after the receipt of the written application submitted pursuant to subdivision (a), the applicable agency shall conclude its case file review and reach a conclusion whether a reinvestigation under Section 11487 is warranted.(g) The agency may extend the time limit in subdivision (f) for a period not to exceed 45 days if the agency makes a finding that the number of case files to be reviewed makes it impracticable to comply with said limit without unreasonably taking resources from other law enforcement activities. For cases for which the time limit in subdivision (f) is extended, the agency shall provide notice and an explanation of its reasoning to the designated person who filed the written application. | |
| 108 | + | (a)On or before July 1, 1993, the Department of Corrections shall implement and maintain procedures to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. This identification procedure shall be completed, as to each inmate, within 90 days of the Department of Corrections having taken custody of the inmate. | |
| 121 | 109 | ||
| 122 | 110 | ||
| 123 | 111 | ||
| 124 | - | 11485. (a) An applicable agency shall review the case file regarding an open unsolved murder upon written application by a designated person to determine if a reinvestigation would result in probative investigative leads. | |
| 125 | - | ||
| 126 | - | (b) The case file review shall include, but is not limited to, all of the following: | |
| 127 | - | ||
| 128 | - | (1) An analysis of the investigative steps or followup steps that may have been missed in the initial investigation. | |
| 129 | - | ||
| 130 | - | (2) An assessment of whether witnesses should be interviewed or reinterviewed. | |
| 131 | - | ||
| 132 | - | (3) An examination of physical evidence to see if all appropriate forensic testing and analysis was performed in the first instance or if additional testing might produce information relevant to the investigation. | |
| 133 | - | ||
| 134 | - | (4) An update of the case file to bring it up to current investigative standards to the extent that doing so would help develop probative leads. | |
| 135 | - | ||
| 136 | - | (c) The person or persons performing the case file review required by this section shall not have previously investigated the murder. | |
| 137 | - | ||
| 138 | - | (d) The applicable agency shall confirm receipt of a request made under subdivision (a) in writing and provide notice of the applicants rights under this act. | |
| 139 | - | ||
| 140 | - | (e) Only one case file review shall be undertaken at any one time with respect to the same open unsolved murder case. If there is more than one investigative agency, each investigative agency shall coordinate its case file review such that there is only one case file review occurring at any given time. | |
| 141 | - | ||
| 142 | - | (f) No later than 90 days after the receipt of the written application submitted pursuant to subdivision (a), the applicable agency shall conclude its case file review and reach a conclusion whether a reinvestigation under Section 11487 is warranted. | |
| 143 | - | ||
| 144 | - | (g) The agency may extend the time limit in subdivision (f) for a period not to exceed 45 days if the agency makes a finding that the number of case files to be reviewed makes it impracticable to comply with said limit without unreasonably taking resources from other law enforcement activities. For cases for which the time limit in subdivision (f) is extended, the agency shall provide notice and an explanation of its reasoning to the designated person who filed the written application. | |
| 145 | - | ||
| 146 | - | 11486. (a) Each agency shall develop a written application for designated persons to request a case file review.(b) Each agency shall assign an individual or department responsible for receiving and processing applications for case file reviews and ensuring that the agency meets all deadlines and obligations within this act generated by the application receipt. | |
| 112 | + | (b)The procedures implemented by the department, pursuant to subdivision (a), shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in state prison: | |
| 147 | 113 | ||
| 148 | 114 | ||
| 149 | 115 | ||
| 150 | - | 11486. (a) Each agency shall develop a written application for designated persons to request a case file review. | |
| 151 | - | ||
| 152 | - | (b) Each agency shall assign an individual or department responsible for receiving and processing applications for case file reviews and ensuring that the agency meets all deadlines and obligations within this act generated by the application receipt. | |
| 153 | - | ||
| 154 | - | 11487. (a) The agency shall conduct a reinvestigation of the open unsolved murder at issue if the review of the case file required by Section 11485 determines that a reinvestigation of the open unsolved murder would result in probative investigative leads.(b) A reinvestigation shall include analyzing all evidence regarding the open unsolved murder at issue for the purpose of developing probative investigative leads as to the suspect or suspects.(c) The person or persons performing the reinvestigation required by subdivision (a) shall not have previously investigated the murder, except for the case file review.(d) If there is more than one investigative agency, each investigative agency shall coordinate its reinvestigation such that there is only one reinvestigation occurring at any given time. | |
| 116 | + | (1)Country of citizenship. | |
| 155 | 117 | ||
| 156 | 118 | ||
| 157 | 119 | ||
| 158 | - | 11487. (a) The agency shall conduct a reinvestigation of the open unsolved murder at issue if the review of the case file required by Section 11485 determines that a reinvestigation of the open unsolved murder would result in probative investigative leads. | |
| 159 | - | ||
| 160 | - | (b) A reinvestigation shall include analyzing all evidence regarding the open unsolved murder at issue for the purpose of developing probative investigative leads as to the suspect or suspects. | |
| 161 | - | ||
| 162 | - | (c) The person or persons performing the reinvestigation required by subdivision (a) shall not have previously investigated the murder, except for the case file review. | |
| 163 | - | ||
| 164 | - | (d) If there is more than one investigative agency, each investigative agency shall coordinate its reinvestigation such that there is only one reinvestigation occurring at any given time. | |
| 165 | - | ||
| 166 | - | 11488. (a) The applicable agency shall consult with the designated person who filed the written application and provide them with periodic updates during the case file review and reinvestigation.(b) The agency shall meet with the designated person and discuss the evidence to explain to the designated person who filed the written application the agencys decision on whether or not to engage in a reinvestigation at the conclusion of the case file review. | |
| 120 | + | (2)Place of birth. | |
| 167 | 121 | ||
| 168 | 122 | ||
| 169 | 123 | ||
| 170 | - | 11488. (a) The applicable agency shall consult with the designated person who filed the written application and provide them with periodic updates during the case file review and reinvestigation. | |
| 171 | - | ||
| 172 | - | (b) The agency shall meet with the designated person and discuss the evidence to explain to the designated person who filed the written application the agencys decision on whether or not to engage in a reinvestigation at the conclusion of the case file review. | |
| 173 | - | ||
| 174 | - | 11489. (a) If a case file review is completed and a conclusion is reached not to conduct a reinvestigation, no additional case file review shall be undertaken for a period of five years, unless there is newly discovered, materially significant evidence. An agency may continue an investigation absent a designated persons application for a new case file review.(b) If a reinvestigation is done and a suspect is not identified at its conclusion, no additional case file review or reinvestigation needs to be conducted for a period of five years, unless there is newly discovered, materially significant new evidence. | |
| 124 | + | (3)Inmates statements. | |
| 175 | 125 | ||
| 176 | 126 | ||
| 177 | 127 | ||
| 178 | - | 11489. (a) If a case file review is completed and a conclusion is reached not to conduct a reinvestigation, no additional case file review shall be undertaken for a period of five years, unless there is newly discovered, materially significant evidence. An agency may continue an investigation absent a designated persons application for a new case file review. | |
| 179 | - | ||
| 180 | - | (b) If a reinvestigation is done and a suspect is not identified at its conclusion, no additional case file review or reinvestigation needs to be conducted for a period of five years, unless there is newly discovered, materially significant new evidence. | |
| 181 | - | ||
| 182 | - | 11490. Nothing in this act shall require an agency to provide information that would endanger the safety of any person, unreasonably impede an ongoing investigation, violate a court order, or violate a legal obligation regarding privacy. | |
| 128 | + | (4)Prior parole records. | |
| 183 | 129 | ||
| 184 | 130 | ||
| 185 | 131 | ||
| 186 | - | 11490. Nothing in this act shall require an agency to provide information that would endanger the safety of any person, unreasonably impede an ongoing investigation, violate a court order, or violate a legal obligation regarding privacy. | |
| 187 | - | ||
| 188 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 189 | - | ||
| 190 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 191 | - | ||
| 192 | - | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 193 | - | ||
| 194 | - | ### SEC. 2. | |
| 132 | + | (5)Prior arrest records. | |
| 195 | 133 | ||
| 196 | 134 | ||
| 197 | 135 | ||
| 198 | - | ||
| 136 | + | (6)Probation Officers Report (POR). | |
| 199 | 137 | ||
| 200 | 138 | ||
| 201 | 139 | ||
| 202 | - | ( | |
| 140 | + | (7)Information from the Department of Justices Criminal Identification and Information Unit. | |
| 203 | 141 | ||
| 204 | 142 | ||
| 205 | 143 | ||
| 206 | - | ( | |
| 144 | + | (8)Other legal documents. | |
| 207 | 145 | ||
| 208 | 146 | ||
| 209 | 147 | ||
| 210 | - | (c) | |
| 148 | + | (c)The Department of Corrections shall report annually to the Legislature the number of persons identified as undocumented aliens pursuant to subdivision (a). The reports shall contain the number of persons referred, the race, national origin, and national ancestry of persons referred, the offense or offenses for which the person was committed to state prison, and the disposition of the referral, if known. | |
| 211 | 149 | ||
| 212 | 150 | ||
| 213 | 151 | ||
| 214 | - | (d)Through the elderly parole program, medical parole, and compassionate release processes, California acknowledged incarcerated populations who do not pose a threat to public safety and provided opportunities to be considered for release based on advanced age, fatal illness, or permanent incapacity. | |
| 152 | + | SEC. 4. Section 5025 of the Penal Code, as amended by Section 49 of Chapter 296 of the Statutes of 2021, is repealed.5025.(a)Immediately upon the effective date of the amendments to this section made at the 199394 First Extraordinary Session of the Legislature, the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall implement and maintain procedures to identify, within 90 days of assuming custody, inmates serving terms in state prison or wards of the Department of Youth and Community Restoration who are undocumented felons subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall refer to the United States Department of Homeland Security the name and location of any inmate or ward who may be an undocumented immigrant and who may be subject to deportation for a determination of whether the inmate or ward is undocumented and subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall make case files available to the United States Department of Homeland Security for purposes of investigation.(b)The procedures implemented by the department pursuant to subdivision (a) shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in the state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)Within 48 hours of identifying an inmate or ward as an undocumented felon pursuant to subdivision (a), the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cause the inmate or ward to be transferred to the custody of the United States Attorney General for appropriate action. Once an inmate or ward has been identified as an undocumented felon by the United States Immigration and Naturalization Service, the inmate or ward shall not undergo any additional evaluation or classification procedures other than those required for the safety or security of the institution, the inmate or ward, or the public.(d)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall report quarterly to the Legislature the number of persons referred to the United States Department of Homeland Security pursuant to subdivision (a). The report shall contain the number of persons transported, the race, national origin, and national ancestry of persons transported, the offense or offenses for which the persons were committed to state prison, and the facilities to which the persons were transported.(e)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. | |
| 153 | + | ||
| 154 | + | SEC. 4. Section 5025 of the Penal Code, as amended by Section 49 of Chapter 296 of the Statutes of 2021, is repealed. | |
| 155 | + | ||
| 156 | + | ### SEC. 4. | |
| 157 | + | ||
| 158 | + | 5025.(a)Immediately upon the effective date of the amendments to this section made at the 199394 First Extraordinary Session of the Legislature, the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall implement and maintain procedures to identify, within 90 days of assuming custody, inmates serving terms in state prison or wards of the Department of Youth and Community Restoration who are undocumented felons subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall refer to the United States Department of Homeland Security the name and location of any inmate or ward who may be an undocumented immigrant and who may be subject to deportation for a determination of whether the inmate or ward is undocumented and subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall make case files available to the United States Department of Homeland Security for purposes of investigation.(b)The procedures implemented by the department pursuant to subdivision (a) shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in the state prison:(1)Country of citizenship.(2)Place of birth.(3)Inmates statements.(4)Prior parole records.(5)Prior arrest records.(6)Probation Officers Report (POR).(7)Information from the Department of Justices Criminal Identification and Information Unit.(8)Other legal documents.(c)Within 48 hours of identifying an inmate or ward as an undocumented felon pursuant to subdivision (a), the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cause the inmate or ward to be transferred to the custody of the United States Attorney General for appropriate action. Once an inmate or ward has been identified as an undocumented felon by the United States Immigration and Naturalization Service, the inmate or ward shall not undergo any additional evaluation or classification procedures other than those required for the safety or security of the institution, the inmate or ward, or the public.(d)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall report quarterly to the Legislature the number of persons referred to the United States Department of Homeland Security pursuant to subdivision (a). The report shall contain the number of persons transported, the race, national origin, and national ancestry of persons transported, the offense or offenses for which the persons were committed to state prison, and the facilities to which the persons were transported.(e)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. | |
| 215 | 159 | ||
| 216 | 160 | ||
| 217 | 161 | ||
| 218 | - | ( | |
| 162 | + | (a)Immediately upon the effective date of the amendments to this section made at the 199394 First Extraordinary Session of the Legislature, the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall implement and maintain procedures to identify, within 90 days of assuming custody, inmates serving terms in state prison or wards of the Department of Youth and Community Restoration who are undocumented felons subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall refer to the United States Department of Homeland Security the name and location of any inmate or ward who may be an undocumented immigrant and who may be subject to deportation for a determination of whether the inmate or ward is undocumented and subject to deportation. The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall make case files available to the United States Department of Homeland Security for purposes of investigation. | |
| 219 | 163 | ||
| 220 | 164 | ||
| 221 | 165 | ||
| 222 | - | ( | |
| 166 | + | (b)The procedures implemented by the department pursuant to subdivision (a) shall include, but not be limited to, the following criteria for determining the country of citizenship of any person serving a term in the state prison: | |
| 223 | 167 | ||
| 224 | 168 | ||
| 225 | 169 | ||
| 226 | - | ( | |
| 170 | + | (1)Country of citizenship. | |
| 227 | 171 | ||
| 228 | 172 | ||
| 229 | 173 | ||
| 230 | - | ( | |
| 174 | + | (2)Place of birth. | |
| 231 | 175 | ||
| 232 | 176 | ||
| 233 | 177 | ||
| 234 | - | ( | |
| 178 | + | (3)Inmates statements. | |
| 235 | 179 | ||
| 236 | 180 | ||
| 237 | 181 | ||
| 238 | - | ( | |
| 182 | + | (4)Prior parole records. | |
| 239 | 183 | ||
| 240 | 184 | ||
| 241 | 185 | ||
| 242 | - | ( | |
| 186 | + | (5)Prior arrest records. | |
| 243 | 187 | ||
| 244 | 188 | ||
| 245 | 189 | ||
| 246 | - | ( | |
| 190 | + | (6)Probation Officers Report (POR). | |
| 247 | 191 | ||
| 248 | 192 | ||
| 249 | 193 | ||
| 194 | + | (7)Information from the Department of Justices Criminal Identification and Information Unit. | |
| 250 | 195 | ||
| 251 | 196 | ||
| 252 | 197 | ||
| 198 | + | (8)Other legal documents. | |
| 253 | 199 | ||
| 254 | - | The Department of Corrections and Rehabilitation shall not detain on the basis of a hold request, provide an immigration authority with release date information, or respond to a notification request, transfer to an immigration authority, or facilitate or assist with a transfer request any individual who is eligible for release pursuant to Section 1172.2, 3051, 3055, or 3550 of the Penal Code, released after resentencing pursuant to Section 1172.6 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 745 of the Penal Code, released after having a conviction and sentence vacated, or a judgment modified, pursuant to Section 236.14 or 236.15 of the Penal Code, released after resentencing pursuant to paragraph (8) of subdivision (d) of Section 1170 of the Penal Code, or released after being granted clemency from the Governor. | |
| 200 | + | ||
| 201 | + | ||
| 202 | + | (c)Within 48 hours of identifying an inmate or ward as an undocumented felon pursuant to subdivision (a), the Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cause the inmate or ward to be transferred to the custody of the United States Attorney General for appropriate action. Once an inmate or ward has been identified as an undocumented felon by the United States Immigration and Naturalization Service, the inmate or ward shall not undergo any additional evaluation or classification procedures other than those required for the safety or security of the institution, the inmate or ward, or the public. | |
| 203 | + | ||
| 204 | + | ||
| 205 | + | ||
| 206 | + | (d)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall report quarterly to the Legislature the number of persons referred to the United States Department of Homeland Security pursuant to subdivision (a). The report shall contain the number of persons transported, the race, national origin, and national ancestry of persons transported, the offense or offenses for which the persons were committed to state prison, and the facilities to which the persons were transported. | |
| 207 | + | ||
| 208 | + | ||
| 209 | + | ||
| 210 | + | (e)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. | |
| 211 | + | ||
| 212 | + | ||
| 213 | + | ||
| 214 | + | SEC. 5. Section 5026 of the Penal Code is repealed.5026.(a)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.(b)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. | |
| 215 | + | ||
| 216 | + | SEC. 5. Section 5026 of the Penal Code is repealed. | |
| 217 | + | ||
| 218 | + | ### SEC. 5. | |
| 219 | + | ||
| 220 | + | 5026.(a)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison.(b)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. | |
| 221 | + | ||
| 222 | + | ||
| 223 | + | ||
| 224 | + | (a)The Department of Corrections and Rehabilitation and the Department of Youth and Community Restoration shall cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison. | |
| 225 | + | ||
| 226 | + | ||
| 227 | + | ||
| 228 | + | (b)For purposes of this section, immigrant means a person who is not a citizen or national of the United States. |