Amended
IN
Assembly
May 09, 2017 |
Amended
IN
Assembly
February 17, 2017 |
Assembly Bill | No. 3 |
Introduced by Assembly Member Bonta (Coauthors: Assembly Members Chiu, Eggman, Cristina Garcia, Levine, and Rendon) (Coauthors: Senators Allen, De León, and Hueso) |
December 05, 2016 |
This bill would declare that it is to take effect immediately as an urgency statute.
(d)
(e)
(f)
(g)
(b)The department shall issue requests for proposal and issue grants to
one or more qualified legal services projects, qualified support centers, or county offices of the public defender that can act as a statewide resource center to the regional legal services agencies and county offices of the public defender to provide these regional legal services agencies and offices with ongoing training, written materials, mentoring, and technical assistance, and to coordinate a statewide collaborative to ensure efficient delivery of high quality legal services.
(c)
(d)The department shall issue requests for proposal and issue grants to county offices of the public defender for those offices to enable deputy public defenders and paralegals to assist nonprofit organizations and private immigration attorneys serving noncitizens in removal
proceedings with locating, collecting, and copying legal documents relating to the noncitizen’s prior criminal case, including, but not limited to, the public defender’s file.
(e)Notwithstanding subdivisions (a) to (d), inclusive, if the standards specified in Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code for the use of
personal service contracts can be established, the department may, in compliance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code and any applicable competitive bidding requirements set forth in the Public Contract Code, contract with a nonprofit organization to carry out those duties specified in subdivisions (a) to (d), inclusive.
(f)
Any grants awarded pursuant to subdivision (b) of Section 13501 to be a statewide resource center shall only be made to a qualified legal services project, qualified support center, or county office of the public defender that meets all of the following requirements:
(a)Has staff with a sufficient level of experience, as determined by the department, in providing expert training, technical assistance, and written materials regarding the immigration consequences of criminal convictions both to criminal defense attorneys and immigration attorneys.
(b)Agrees to provide reporting, monitoring, or audits of services provided, as determined by the department.
(c)Agrees to maintain adequate legal malpractice insurance and to indemnify and hold the state harmless from any claims that arise from any legal services provided through the grants funded pursuant to this chapter.
Any
(a)Agrees to retain staff to provide technical assistance or to obtain technical assistance for attorneys from a regional legal services agency, statewide resource center, or private experienced
immigration attorney who has a sufficient level of experience, as determined by the department, in providing expert training, technical assistance, and written materials regarding the immigration consequences of criminal convictions to criminal defense attorneys, or agrees to provide that technical assistance and to obtain that technical assistance.
(b)Agrees to document the terms of the support provided by a regional legal services agency, statewide resource center, or private experienced immigration attorney.
(a)The department shall adopt regulations to implement this chapter no later than sixty days after the effective date of the act adding this chapter. The adoption or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code.
(b)Notwithstanding subdivision (h) of Section 11346.1 of the Government Code, the department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent
to, any emergency regulation previously adopted pursuant to this section, and the initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and each shall remain in effect for no more than 180 days, by which time final regulations shall be adopted in compliance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that Californians are not unnecessarily caught up in the federal government’s expected expansion of deportation policies that will have a significant impact on the state’s population because of inadequate defense counsel, it is necessary that this act take effect immediately.