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Date: April 30, 2024 Tue

Time: 3:22 am

Results for public safety alignment

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Author: Goldstein, Brian

Title: The Effect of Immigration Detainers in a Post-Relignment California

Summary: On October 1, 2011, California implemented AB 109 Public Safety Realignment, which transferred state responsibility for individuals who commit non-violent, non-serious, and non-sexual offenses to the 58 counties and their local jurisdictions. Since then, each county has responded differently to Realignment, with some seizing on this unique opportunity to adopt innovative community corrections programming and rehabilitative services. Other counties continue to depend on the state system to manage individuals who have committed low-level offenses (CJCJ, 2013). Some counties struggle with jail capacity issues while failing to adopt necessary alternative sentencing practices (PPIC, 2013). On August 2, 2013, the United States Supreme Court denied Governor Jerry Brown's attempt to delay reducing the state prison system by approximately 10,000 individuals, as required by federal litigation that resulted in AB 109. The state must now work diligently to deemphasize the unnecessary use of incarceration in order to preserve resources for more crucial priorities. Amid varying county responses to Realignment, fiscal constraints, and capacity issues, county jail facilities also hold significant numbers of undocumented immigrants who do not have serious criminal histories, other than potentially violating federal civil immigration laws. For ease of reference, these individuals are here termed "non-criminal ICE holds" given that they have no recorded criminal history. These non-criminal ICE holds are held under ICE Agreements of Cooperation in Communities to Enhance Safety and Security (ACCESS), an umbrella encompassing enforcement programs that specifically target immigrants who make contact with the criminal justice system including the Secure Communities and Criminal Alien Program (ICE, 2008). After identifying individuals under ACCESS, ICE can issue an immigration detainer to law enforcement agencies, which is a non-binding request that an immigrant of interest be detained for up to 48 hours, excluding weekends and federal holidays, so that ICE can assume federal custody to initiate deportation proceedings. This publication studies the impact of non-criminal ICE holds on California's criminal justice system, specifically the effect on county jail capacity, including the significant fiscal cost. It concludes that 89 percent of said detentions in California are held in local jails and facilities. These detentions cost taxpayers approximately $16.3 million for local jail holds during the 30-month period studied.

Details: San Francisco: Center on Juvenile and Criminal Justice, 2013. 6p.

Source: Internet Resource: Accessed August 2, 2017 at: http://www.cjcj.org/uploads/cjcj/documents/immigrant_detainers_in_a_post_realignment_ca.pdf

Year: 2013

Country: United States

URL: http://www.cjcj.org/uploads/cjcj/documents/immigrant_detainers_in_a_post_realignment_ca.pdf

Shelf Number: 130014

Keywords:
Costs of Corrections
Immigrant Detention
Immigration Enforcement
Jail Inmates
Public Safety Alignment
Undocumented Immigrants